HomeMy WebLinkAbout4 - Housing Successor Agency RFP4-1
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REQUEST FOR PROPOSALS
RFP#
HOUSING SUCCESSOR AGENCY PROPERTIES
AFFORDABLE HOUSING DEVELOPMENT
CITY OF SANTA ANA
Community Development Agency
Housing Successor Agency
20 Civic Center Plaza
Santa Ana, CA 92701
Natalie Verlinich
Housing Programs Analyst
(714) 667-2267 Office
NVerlinich@santa-ana.org
KEY RFP DATES:
Issue Date: Wednesday, July 15, 2015
Deadline to Submit Questions: Friday, August 14, 2015 at 5:00 p.m.
Response Posted on City Website: Friday, August 21, 2015 at 5:00 p.m.
Proposal Due Date: Monday, August 31, 2015 at 12:00 p.m.
EXHIBIT 1
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NOTICE INVITING PROPOSALS
NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms for the development of Housing
Successor Agency Properties for qualified affordable housing projects. Responses to this Request for Proposals will
be accepted until Monday August 31, 2015 at 12:00 noon. If further information is required regarding this Request
for Proposals, 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, 6th 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.
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CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY
REQUEST FOR PROPOSALS FOR HOUSING SUCCESSOR AGENCY PROPERTIES (RFP)
AFFORDABLE HOUSING DEVELOPMENT
PAGE
I. INTRODUCTION 3
II. SCOPE OF WORK/SERVICES 3
III. GENERAL INFORMATION 3
IV. COORDINATION 4
V. DEVELOPER RESPONSIBILITIES 4
VI. CITY BUSINESS LICENSE 4
VII. RULES FOR PROPOSALS 4
VIII. PRE-PROPOSAL MEETING 4
IX. E-MAIL COMMUNICATIONS AND INTERPRETATIONS/CLARIFICATIONS 5
X. ADDENDA 5
XI. SUBMITTAL REQUIREMENTS INFORMATION AND DEADLINE 5
XII. MINIMUM QUALIFICATIONS 5
XIII. SUBMITTAL REQUIREMENTS 5
XIV. DEVELOPER SELECTION – PROPOSAL AND EVALUATION 7
XV. PUBLIC RECORDS 8
XVI. FILING A PROTEST 8
EXHIBIT A SCOPE OF SERVICES 9
EXHIBIT B ALIGNMENT WITH CITY’S GOALS 14
EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR GENERAL LIABILITY POLICY 15
EXHIBIT C PROPOSER’S STATEMENT: PROPOSAL AND CONTRACT AGREEMENT 16
EXHIBIT D PROPOSAL CONTRACT AND AGREEMENT – CERTIFICATION OF NONDISCRIMINATION 17
EXHIBIT E NON-COLLUSION AFFIDAVIT 19
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CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY
REQUEST FOR PROPOSALS FOR HOUSING SUCCESSOR AGENCY PROPERTIES (RFP)
I. INTRODUCTION
The Housing Successor Agency of the City of Santa Ana (Agency) is issuing this Request for Proposals (RFP) for
development of the properties currently held by the Agency within the City of Santa Ana. The proposed
development of the properties would be solely for the development of affordable housing. Proposed
developments may be new construction of rental or homeownership projects for a selected individual site.
Interested developers shall provide a proposal for each individual site that they may be interested in developing.
Should the properties be sold with the intention of not providing affordable housing, the Proposer shall pay the
appraised market value of the property to be deposited into the Housing Successor Agency for future affordable
housing development. Properties will be sold at a later date, should they not be successfully awarded for
affordable housing development as a result of this RFP.
II. SCOPE OF WORK/SERVICES
The scope of work will include any and all work efforts related to the Housing Successor Agency Properties -
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.
III. GENERAL INFORMATION
A. The term of the 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.
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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. 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.
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.
VIII. PRE-PROPOSAL MEETING
The City will not have a pre-proposal meeting for this Affordable Housing RFP.
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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 the Housing Programs Analyst no later than Friday, August 7, 2015 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.
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-mail proposals will not be accepted.
XII. MINIMUM QUALIFICATIONS
Proposers shall have at 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 interested in more than one site, shall submit separate responses to each of the sites with the
following the submittal requirements below.
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.
The letter must be signed in blue ink.
All proposals submissions shall be on 8-1/2” x 11” white paper.
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
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Service as a 501(c)3 tax exempt non-profit corporation, and is in good standing with both state and federal
compliance.
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. 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 25 pages, excluding front and back covers, section dividers, and exhibits.
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 development concept for the site, 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 anticipated development cost and developer access to additional funds
required by the project. This narrative should be accompanied by a site map showing the project’s location.
Project Narratives should indicate how the project will align with specific goals from the City’s Housing Element
and Five-Year Strategic Plan. In addition, if the project will have deeper affordability targeting extremely low,
very low, and low income populations.
2. 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
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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 Agency to evaluate the reasonableness of the level of
profit or return on owner’s or developer’s investment in a project.
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 at extremely low, very low, or low income, include a market study that
supports that this is achievable.
4. Proposed Development Schedule. Taking as a starting point City Council approval of the proposed site
agreement, 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, preparation
and approval of construction plans, start of construction, completion of construction, and lease-up. The
schedule should take into consideration that the Agency will transfer the proposed site once all funding
commitments are in place and the project has received Planning Approvals.
5. Exhibit B – Alignment to the City’s Goals (Housing Element and Five-Year Strategic Plan)
6. Exhibit C – Additional Insured Endorsement for Commercial General Liability Policy. Not required until after
Developer selection.
7. Exhibit D – 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.
XIV. DEVELOPER SELECTION – PROPOSAL AND EVALUATION
Immediately following the submission deadline, the Housing Successor 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. (20 percent)
2. Demonstrated ability to manage affordable rental or for-sale units so as to insure both ongoing compliance with
affordability requirements and long term financial solvency. (15 percent)
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3. Demonstrated readiness of the proposed project to proceed. Demonstrated availability of financing. Alignment
with the City’s Housing Element and Strategic Plan. (30 percent)
4. Proposed levels of affordability and depth of proposed 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 pro forma. (10 percent)
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, 20 Civic
Center Plaza M-37, Santa Ana, CA 92701.
XVI. FILING A PROTEST
Proposers may file a “protest” with the City’s Community Development Agency. In order for a proposer’s protest to
be considered valid, the protest must:
1. Be filed in writing within five (5) business days of either the RFP posted date or before 5:00 p.m. of the 5th
business day following the posting of RFP results/Notice of Intent to Award Contract on the City’s website;
2. Clearly identify the specific irregularity or accusation;
3. Clearly identify the specific City staff determination or recommendation being protested;
4. Specify, in detail, the grounds of the protest and the facts supporting the protest; and
5. Include all relevant, supporting documentation with the protest at time of filing.
If the protest does not comply with each of these requirements, it will be rejected as invalid. If the protest is valid,
the Agency’s Housing Manager, or other designated City staff member, shall review the basis of the protest and all
relevant information. The Housing Manager will provide a written decision to the protestor within fourteen (14)
calendar days from receipt of protest. The decision from the Housing Manager, or her designee, is final and no
further appeals will be considered.
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CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY
REQUEST FOR PROPOSALS FOR HOUSING SUCCESSOR AGENCY PROPERTIES
AFFORDABLE HOUSING DEVELOPMENT
EXHIBIT A – SCOPE OF SERVICES
I. INTRODUCTION
In order to meet the City’s goals, the Housing Successor Agency (Agency) is soliciting proposals for the development of
affordable housing projects from developers who are experienced, very knowledgeable of affordable housing programs
and its requirements, financially creative and capable of developing, managing and maintaining high quality housing.
The Agency will entertain proposals for the following type of projects:
• New Construction of Residential Rental Projects
• Homeownership Projects
The Agency is making available the following properties as part of this RFP:
Property APN Lot Size
Current
Property
Use
Current
Zoning
Appraised Property
Value
542 E. Central Street 016-082-48 10,350sf Vacant R1 $110,000
801 E. Santa Ana Blvd
807 E. Santa Ana Blvd
809 & 809 ½ E. Santa Ana Blvd
398-303-04
398-303-05
398-303-06&07
15,000sf Vacant SD84 $111,000
$107,500
$107,500
302 E. Twenty-Second Street 777-122-23 27,815sf Vacant R1
826 N. Lacy Street
830 N. Lacy Street
398-041-22
398-041-18
7,500sf
9,300sf
Vacant SD19 $130,000
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. Developers who can demonstrate the capability to make other funds a significant
part of the financing mix for their proposed project will score higher in the selection process than those who cannot.
The property data provided in this RFP is not guaranteed, and the availability of such properties is subject to change at
any time. The City of Santa Ana makes no guarantee of the availability of the proposed properties for any particular
applicant or project. 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
properties, if at all.
A. CITY GOALS AND INCOME LEVEL
The City of Santa Ana developed goals as part of the process for the Five-Year Strategic Plan and the City’s
Housing Element. Proposers should completed and include Exhibit B as part of their proposals. Priories
established in the City’s Five-Year Strategic Plan include housing for Santa Ana residents, employees, artists
and veterans. The City’s Housing Element goals include, but not limited to, Senior Housing, Rental,
Homeownership Opportunities, Larger Units for Family Housing, Housing for Disabled Households, and
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Service-Enriched Housing. Proposers shall clearly highlight any City’s goals that the proposed project would
align with.
These Agency properties shall have a maximum income to be at or below 120% of the Area Median Income
(AMI) for Orange County. Income limits are determined by the State of California Department of Housing
and Community Development. Pursuant to Section 34176.1 (a)(3)(B), the Agency is required to spend 30%
of its Low and Moderate Income Housing Asset Fund (LMIHAF) for the development of rental housing
affordable to and occupied by households earning 30% or less of the AMI (extremely low income
households).
At the time of this RFP, the 2015 Income Limits for Orange County were as followed:
Household Size Extremely Low Very Low Low Income Moderate Income
1 person $20,250 $33,750 $53,950 $73,250
2 persons $23,150 $38,550 $61,650 $83,700
3 persons $26,050 $43,350 $69,350 $94,200
4 persons $28,900 $48,150 $77,050 $104,650
5 persons $31,250 $52,050 $83,250 $113,000
6 persons $33,550 $55,900 $89,400 $121,400
7 persons $36,730 $59,750 $95,550 $129,750
8 persons $40,890 $63,600 $101,750 $138,150
B. FUNDING FOR DEEPER AFFORDABILITY
C. TERM OF AFFORDABILITY AND MAXIMUM ALLOWABLE RENTS
The selected developer shall enter into an Agreement with the Housing Successor Agency. This Agreement and
other attendant documents shall provide for repayment of the loan. They shall also impose affordability
covenants of no less than fifty-five (55) years for proposed projects or until the City loan is repaid whichever is
longer.
Allowable rents must be reduced by a utility allowance for tenant paid utilities. Income limits are determined by
the State of California Department of Housing and Community Development. Rent limits follow Health & Safety
Code Sections 50052.2 and 50053. The 2015 Income Limits can be found here: http://www.hcd.ca.gov/housing-
policy-development/housing-resource-center/reports/state/inc2k15.pdf
D. AGREEMENT TERMS
Agency assistance will be offered in the form of a long term loan secured by a promissory note in the amount of
the fair market value of the property and a deed of trust recorded against the property. Should the Developer
wish to include the property as part of the subsidy towards the project for a lesser amount, the Developer shall
identify this subsidy in the proposal. The Agency will perform a subsidy layering analysis to ensure that the
project is not over-subsidized by the Agency and City.
If necessary, this loan may be subordinated to loans from other lenders in accordance with the City’s
subordination guidelines. 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 75
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percent of the residual receipts.
E. DISCLOSURES
• All documents submitted to the Agency 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 RFP that the Agency will 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 Agency 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 the State of California Department of Housing and
Community Development, 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.
• When awarded, the Agency will transfer the proposed site to the awarded developer once the project has all
of its funding commitments and it’s all approvals from the City’s Planning Department.
• Due to the Agency’s deadline to transfer properties, awarded project will have 24 months to gain Planning
Approval.
V. 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 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 limits not less than $1,000,000 per accident.
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1. 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.
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.
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:
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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 Manager
City of Santa Ana
Community Development Agency
20 Civic Center Plaza (M37)
Santa Ana, CA 92701
Fax 714-667-2225
IV. 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 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.
V. 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 meet with work centers and community
centers. Such effort and procedure will be provided to the City for review.
vi. 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.
vii. 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
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such assignment, transfer; delegation or subcontract without the City’s prior written consent shall be considered
null and void.
viii. 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.
ix. 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.
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Exhibit B
ALIGNMENT WITH THE CITY’S GOALS
Please check those goals in the Housing Element and Strategic Plan that the proposed project align with:
Housing Element Goals
HE-1.1 Housing Conditions. Promote the rehabilitation, repair, and improvement of
single-family, multiple-family, and mobile homes and, if needed, the demolition of
substandard housing that presents a health and safety hazard.
HE-1.7 Historic Preservation. Support preservation and enhancement of residential
structures, properties, street designs, lot patterns, and other visible reminders of
neighborhoods that are considered local historic or cultural resources.
HE-2.1 Downtown. Strengthen Santa Ana’s core as a vibrant mixed-use and mixed-
income environment by capitalizing on the government center, arts district, historic
downtown, transit-oriented housing, and diverse neighborhoods.
HE 2-3 Rental Housing. Encourage the construction of rental housing for Santa Ana’s
residents and workforce, including a commitment to very low, low, and moderate
income residents and moderate income Santa Ana workers.
HE-2.4 Diverse Housing Type. Facilitate diverse types, prices, and sizes of housing,
including single-family homes, apartments, townhomes, mixed/multiuse housing,
transit-oriented housing, multigenerational housing, and live-work opportunities.
HE-2.5 Housing Design. Require excellence in architectural design through the use of
materials and colors, building treatments, landscaping, open space, parking, and
environmental sensitive (“green”) building and design practices.
HE-3.2 Homeownership. Increase and expand homeownership opportunities for low
and moderate income residents and employees working in Santa Ana through the
provision of financial assistance, education, and collaborative partnerships.
HE-4.1 Senior Housing. Support development of affordable senior rental and
ownership housing, readily accessible to support services; provide assistance for
seniors to maintain and repair their homes to facilitate the maximum independent
living.
HE-4.2 Family Housing. Facilitate and encourage the development of larger rental and
ownership units for families, including lower and moderate income families, and the
provision of childcare, after-school care, and other services when feasible.
HE-4.3 Housing for Disabled People. Support the development of permanent,
affordable, and accessible housing that allows people with disabilities to live
independent lives, and assist them in maintaining and repairing their homes.
HE-4.4 Service-Enriched Housing. Support the provision of supportive services and
service-enriched housing for persons with special needs, such as senior, disabled
people, homeless people, families, veterans, and people with medical conditions.
HE-4.5 Healthy Homes. Support efforts to make homes more healthful by addressing
health hazards associated with lead-based paint, asbestos, vermin, mold, VOC-laden
materials, and prohibiting smoking in multi-family project, among others.
HE-4.8 Housing Priority. Provide that Santa Ana residents, employees, and designated
need groups receive priority for affordable housing created under the Housing
Opportunity Ordinance or with City funding to the extent allowed under state law.
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Strategic Plan Goals and Objectives
Re-use of Commercial or Industrial Buildings that are currently underutilized or vacant
for mixed-use residential projects
Provide that Santa Ana residents, employees, artists and veterans receive priority for
affordable housing
Does this project give priority to the following populations:
Santa Ana residents, if so how many units? ________
Santa Ana employees, if so how many units? _______
Artist, if so how many units? ________
Veterans, if so how many units? _______
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EXHIBIT C
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:
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 , this endorsement form as part of
Policy #
Issued to
Name Insured
Countersigned by:
Authorized Representative
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EXHIBIT D
TO BE INCLUDED IN PROPOSAL
CITY OF SANTA ANA COMMUNITY DEVELOPMENT
REQUEST FOR PROPOSALS FOR HOUSING SUCCESSOR AGENCY PROPERTIES
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 DATE
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EXHIBIT E
TO BE INCLUDED IN PROPOSAL
CITY OF SANTA ANA COMMUNITY DEVELOPMENT
REQUEST FOR PROPOSALS FOR HOUSING SUCCESSOR AGENCY PROPERTIES
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:
1. 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
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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
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 DATE
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EXHIBIT F
TO BE INCLUDED IN PROPOSAL
CITY OF SANTA ANA COMMUNITY DEVELOPMENT
REQUEST FOR PROPOSALS FOR HOUSING SUCCESSOR AGENCY PROPERTIES
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
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