Loading...
RFP 2019-04 - HOME and CHDO Affordable Housing Project Request for Proposal 1 CITY OF ROSEMEAD REQUEST FOR PROPOSAL NO. 2019-04 FOR HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO) AFFORDABLE HOUSING PROJECTS SUBMITTALS: Six (6) bound copies and one (1) electronic PDF file on flash drive or CD of the proposal in sealed envelope(s) must be received by the City of Rosemead’s City Clerk’s Office by no later than Thursday, February 28, 2019 at 3:00 p.m. CONTACT PERSON: Ben Kim, Community Development Director City of Rosemead 8838 E. Valley Boulevard Rosemead, California 91770 (626) 569-2169 bkim@cityofrosemead.org PROPOSALS RECEIVED AFTER THE TIME AND DATE STATED ABOVE SHALL NOT BE CONSIDERED. FACSIMILE AND E-MAIL PROPOSAL WILL NOT BE ACCEPTED. INQUIRIES: Direct questions for clarification on Request for Proposal documents to Ben Kim, Community Development Director at (626) 569-2169 or bkim@cityofrosemead.org MODIFICATIONS: Any modification of this Request for Proposal will be provided to consultants who request notification of any modifications. ISSUANCE DATE: January 31, 2019 2 The City of Rosemead seeks low-income housing project proposals from qualified Community Housing Development Organizations to construct, acquire, preserve and/or rehabilitate affordable housing. Preference will be given to projects that: • Provide a priority for affordable for-sale housing units to Rosemead Veterans and their families; • Result in affordable housing for Rosemead senior and families; • Result in homeownership for first-time homebuyers; • Incorporate the City of Rosemead’s Consolidated Plan and Housing Element objectives; and • Projects that can complete property acquisition within a 6-month timeframe with project completion within 18-months from date of award for homebuyer projects. Approximately $898,000 in HOME Entitlement Funds (Substantial Amendment to the Annual Action Plan currently under HUD review) are available under this Request for Proposals (RFPs), subject to City Council approval. Additional funds may also be available for property rehabilitation costs for qualified projects. Eligible applicants are nonprofit corporations who have been certified as a Community Housing Development Organization (CHDO) within the past twelve months or can either meet the criteria of the federal HOME regulations for a CHDO in response to this RFP and have paid staff whose experience qualifies them to undertake CHDO set-aside activities. CHDO certification applications will be accepted along with this RFP. See the CHDO Checklist (Appendix A) for a full description of the HOME CHDO criteria and required documentation. 3 TABLE OF CONTENTS Page No. Introduction 4 Background 4 Purpose 5 Funds Available 5 Award of Funds 5 Minimum Requirements 5 Eligible Activities 6 General Project Requirements 8 Two Stage Contracting Process 9 Disbursement of Funds 10 Written Inquiries 10 Proposal Submittal 10 Proposal Content 11 Evaluation Criteria & Selection Procedures 13 Guidelines & General Conditions 14 Forms 20 Questionnaire Project Summary Housing Priorities Project Preparation References Estimated Project Costs and Financing Certification Noncollusion Affidavit Conflict of Interest Disclaimer Acknowledgment of Insurance Requirements 4 Appendices 33 Appendix A: CHDO Checklist Appendix B: Insurance Appendix C: Income Limits Appendix D: HOME Maximum Per Unit Subsidy Limits Appendix E: Rent Limitations Appendix F: Underwriting and Subsidy Layering Review Guidelines Appendix G: Application Checklist Appendix H: Evaluation Criteria INTRODUCTION The City of Rosemead Community Development Department administers the federally funded HOME Investment Partnerships Program (HOME) and Community Development Block Grant (CDBG) for increasing, improving, and preserving low-income housing in the City of Rosemead. This document outlines the requirements, selection process and the information necessary to submit a proposal for this service. The successful proposer will be required to comply with Equal Employment Opportunity and all applicable federal, state, and local laws and requirements. BACKGROUND The City of Rosemead is a suburb located in the San Gabriel Valley, 10 miles east of downtown Los Angeles. It is bounded on the north by the cities of Temple City and San Gabriel, on the west by Monterey Park, Alhambra, and the unincorporated Los Angeles County community of South San Gabriel, on the south by Montebello, plus by El Monte and South El Monte on the east. The City is 5.5 square miles (2,344-acres) in size. Rosemead is a working-class suburb with a diverse population base. According to the 2010 Census, the City had a population of 53,764. The estimated makeup of the City was 4.7% White, 0.3% African American, 60.3% Asian, 33% Hispanic/Latino (of any race), and 0.7% Non-Hispanic Other. As a substantially built-out city, Rosemead only added 259 residents to its population during the last decade (2000-2010). Rosemead operates under the Council/Manager form of government. The City Council is elected at large to four years, overlapping terms. The Mayor is elected by a majority vote of the City Council and rotates each year. The City Manager is appointed by, and serves at the pleasure of, the City Council. The Housing Division serves under direction of the Community Development Director. The Community Development Department combines the functions of Housing, Building & Safety, Economic Development, Planning, Business License, and Code Enforcement Divisions. 5 PURPOSE The City of Rosemead’s Community Development Department is announcing the availability of funds provided to the City of Rosemead under the HOME program administered by the United States Department of Housing and Urban Development (HUD). The funds are available to eligible non-profit applicants for the purpose of preserving, improving, or developing affordable housing in the City of Rosemead. FUNDS AVAILABLE Approximately $898,000 (Substantial Amendment to Annual Action Plan currently under HUD review) are available from a combination of HOME entitlement funds and HOME Community Housing Development Organization (CHDO) set-aside funds for affordable housing project(s). AWARD OF FUNDS All applications will first be subject to preliminary screening by the City for completeness and minimum requirements. A selection committee will review those responses deemed complete. Preliminary selection will be made based on the extent to which the proposal meets the evaluation criteria. The proposal selected and recommended for final award will be subject to approval by the Rosemead City Council. Applicants will be notified when the final award has been made. A contract between the City and the funded applicant must be executed prior to any disbursement of funds. If no applications meet the selection criteria, the City reserves the right to fund none of the applications under this RFP, reopen the period for submission of proposals, or informally solicit proposals. MINIMUM REQUIREMENTS In order for a project/proposal to receive consideration, it must meet the following minimum requirements: 1. The purpose of the proposal is to use HOME funds to finance a CHDO eligible project which, upon completion, will be occupied by HOME income-eligible households. 2. The housing may be affordable rental or home ownership. 3. The applicant must be a qualified CHDO, as stated above. 4. The proposal is submitted by the deadline. 5. The project to be financed with HOME funds is located in the City of Rosemead. 6. The applicant must have sufficient resources to meet minimum leveraging requirements. 7. The project will minimize displacement of any households or other entities. 8. The proposal is signed and complete. 6 ELIGIBLE ACTIVITIES In order to be considered for funding, all proposed projects must be considered eligible under the requirements of the current HOME Final Rule, including provisions pertaining to CHDO specific affordable housing activities. The CHDO’s role in the project must meet one of the following definitions: • CHDO Owner: CHDO must hold title to or have a long-term lease in a given housing property. The CHDO hires a developer to oversee construction or rehabilitation. The CHDO must own the housing during development and for the affordability period following completion. • CHDO Developer: CHDO must own and develop a property. To be the developer, the CHDO must be in sole charge of all aspects of the development process, including obtaining zoning, securing non-HOME financing, selecting architects, engineers and general contractors, overseeing the progress of the work and determining reasonable costs. For rental housing, the CHDO must own the housing during development and for the affordability period following completion. For homeownership, the CHDO acquires and owns the property during construction and sells the property to a qualified homebuyer. • CHDO Sponsor: If the rental housing is owned or developed by a subsidiary of a CHDO, is a limited partnership of which the CHDO or its subsidiary is the sole general partner, or is a limited liability company of which the CHDO or its subsidiary is the sole managing member, then the CHDO is considered a sponsor. Eligible Activity CHDO Owner CHDO Developer CHDO Sponsor Acquisition/Rehabilitation of rental housing X X X New construction of rental housing X X X Acquisition/rehabilitation of homebuyer X properties New construction of homebuyer properties X Direct financial assistance (i.e. down payment and closing costs) to purchasers of HOME assisted homebuyer housing owned by a CHDO with HOME funds. X The housing to be constructed or rehabilitated must be permanent housing. HOME funding may be used for the following types of projects: • Acquisition • New construction • Reconstruction • Rehabilitation of non-luxury housing with suitable amenities • Conversion 7 • Mixed-use (retail or office/residential) Conversion of an existing structure to affordable housing is considered rehabilitation, unless the conversion entails adding one or more units beyond the existing walls, in which case, the project is new construction under HOME federal regulations. Acquisition of vacant land or demolition must be undertaken only with respect to a particular housing project intended to provide affordable housing, and for which funds for construction have been committed. Mixed use development is the use of a building or set of buildings for more than one purpose. Instead of single use development that can only serve one purpose, mixed use development can combine retail, office, and residential uses on one property. The HOME portion of the development costs may only be used for the residential portion of the development. 1. Income requirements: The beneficiaries of the housing must have household incomes less than 80% of AMI adjusted for family size (See Appendix C, Income Limits). For rental projects with five or more units, 20 percent of the units must be occupied by very low income households. 2. Minimum per-unit subsidy: The minimum amount of HOME funds that must be invested in a project involving rental housing or homeownership is $1,000 times the number of HOME-assisted units in the project. 3. Maximum per-unit subsidy: The amount of HOME funds that the City may invest on a per-unit basis in affordable housing may not exceed the per-unit dollar limits as set forth in the HOME Maximum Per Unit Subsidy Limits as determined by HUD. See Appendix D. 4. Homeowner purchase price limit: Where HOME funds are used to finance homeownership units, the after rehabilitation value of the home cannot exceed the current Homeownership Limit. 5. Rent limitations: The HOME assisted units in a rental housing project must be occupied only by households that are income eligible per HUD guidelines and must have rents that do not exceed those outlined in Appendix E, Rent Limitations. 6. Period of Affordability. HOME regulations require that assisted units remain affordable at a minimum from five years to twenty years, depending on the type of activity as well as the amount of HOME subsidy. The affordability period will be determined upon review of the project. 7. Eligible Costs 8 a. Development hard costs. The actual cost of constructing or rehabilitating all housing types, including mixed use and mixed income developments, ownership or rental housing. b. Acquisition costs. Costs of acquiring improved or unimproved real property, including acquisition for homeownership. c. Related soft costs. Other reasonable and necessary costs incurred by the owner and associated with the financing or development (or both) of new construction, rehabilitation, or acquisition of housing assisted with HOME funds, i.e., architectural, engineering, City permits and entitlements, financing, developer and legal fees, as well as working capital and closing costs. d. Relocation costs. Costs of relocation payment and other relocation assistance. e. Tenant-based rental assistance (TBRA) is not an eligible cost under this RFP. f. Homeownership counseling is not an eligible cost under this RFP. GENERAL PROJECT REQUIREMENTS The RFP is a two stage process. This initial RFP is for the selection of a qualified CHDO and general project proposal (such as rental housing or affordable family homebuyer project). Applicants are encouraged to identify specific sites and resources for the RFP, but this is not required at this stage. If selected, the CHDO will have six months to return to the City with a specific site and detailed budget and pro-forma, as well as other materials necessary for the City to determine the project’s feasibility and perform a subsidy layering review and underwriting analysis. Stage 1: Requirements for the RFP 1. Targeted Beneficiaries: The HOME Program is designed to assist housing projects that serve affordable income households. See Housing Priorities form for preference categories. 2. Applications are for affordable housing projects located in the City of Rosemead. The proposal must indicate whether the applicant will be carrying out a homebuyer or rental project, any targeting to special needs or income levels, and whether the project is new construction or acquisition/rehabilitation. The proposal does not need to include a specific site, if not known. However, applicants should provide an example project which is based upon currently available properties and realistic estimates of cost and resources. 3. Preliminary site plans and schematics for new construction, engineering reports for rehabilitation, preliminary market justification, and appraisals are not required at this stage, but if available, may be submitted with the proposal. 9 Stage 2: Prior to approval of a specific property: 1. All financing commitments will be verified. 2. City staff will perform an inspection and long range capital needs assessment. 3. A subsidy layering and underwriting review will be completed. (See Appendix F.) 4. An environmental review must be completed. 5. Rehabilitation or new construction projects may be subject to the wage and hour requirements of the Davis-Bacon Act/State Prevailing Wage, as well as the accessibility requirements under 24 CFR Part 8, which implements Section 504 of the Rehabilitation Act for 1973. 6. Projects that involve relocation must meet the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and local and State law. 7. Acquisition and/or renovation of existing housing are also subject to lead based paint (LBP) testing. Depending on age of structure(s), scope of work, and type of work, LBP testing can vary in extent and need as mandated by HUD. 8. Until funds are completely disbursed, the successful applicant will be required to provide an annual audit of its financial statements and auditor’s opinion and management letter, if issued. Audits must be conducted by an independent licensed certified public accountant. An A-133 audit is required by Federal regulations if total federal dollars expended by the applicant in any fiscal year of the organization exceeds $750,000. 9. An updated CHDO Certification must be completed prior to commitment of funds to a specific project. Funding awards may take the form of grants and/or deferred loans, which may be subordinate to other financing. The type of assistance provided by the City will be determined after a thorough review of the proposed project. TWO STAGE CONTRACTING PROCESS Upon award under the RFP, the City will enter into a HOME Implementation Agreement with a CHDO. The agreement will specify the type of project, beneficiaries, affordability requirements, timeline, and funds available. Upon execution of this agreement, the CHDO will be authorized to seek a potential project. Once a project (specific site) is identified by the CHDO, the CHDO will submit a proposal, which includes the budget for the project and sources of funds, marketing plan, construction or rehabilitation plans, etc. If approved, the City will enter into an Acquisition and 10 Rehabilitation Agreement. This agreement authorizes the CHDO to enter into escrow subject to final funding approval from the City. DISBURSEMENT OF FUNDS Funds will be disbursed only at the time all conditions of the award have been met by the applicant. Disbursement of funds under this RFP is subject to: execution of a contract between the applicant and the City of Rosemead, a deed of trust, note, restrictive covenant, and/or any other appropriate additional legal documentation as required; local program requirements; environmental review; underwriting; and subsidy layering review. Execution of the HOME Implementation Agreement may take up to three (3) months after the date of award for all conditions of the award to be met. Where the applicant has failed to meet the conditions of the award within the allotted time or any extension, the award may be revoked and the funds allocated may be de-obligated and reprogrammed to other projects by the City Council. The funds must be expended in full accordance with the contract and other agreements. WRITTEN INQUIRIES Written inquiries must be emailed to bkim@cityofrosemead.org. No telephone inquiries will be accepted. Any inquiries should clearly state the question and provide any additional information deemed relevant to the inquiry. Applicants are encouraged to contact the Planning Division regarding zoning and other development standards. However, contact with any other City Staff regarding this RFP is not allowed. PROPOSAL SUBMITTAL Qualified respondents should review the specifications and submit six (6) bound original and one (1) electronic PDF file of its proposal in a sealed envelope addressed to: City of Rosemead, City Clerk’s Office 8838 E. Valley Blvd. Rosemead, CA 91770 The outside of the envelope clearly marked: “Proposal for HOME CHDO Affordable Housing Project, RFP No. 2019-04.” Proposals shall be received no later than 3:00 P.M. on Thursday, February 28, 2019. Unauthorized conditions, limitations, or provisions attached to a proposal will render it informal and may cause its rejection. The completed proposal shall be without interlineations, alterations or erasures. Alternative proposals will not be considered unless requested. No oral, telegraphic or telephonic proposals or modifications will be considered. The proposal may be withdrawn upon request by the proposer without prejudice at any time, provided that the request is in writing, that it has been executed by the proposer or duly authorized representative, and that it is filed with the City. 11 Proposal documents shall be deemed to include by reference each and every one of the following: Request for Proposals (RFP) Addenda to RFP Proposal Supplements to Proposal Proposals shall be submitted in accordance with the form prescribed by the City of Rosemead. Failure to respond in this manner may render the proposal non-responsive. PROPOSAL CONTENT Applicants must complete all forms provided in the Forms section of the RFP in typewritten narrative. All attachments must be typewritten on 8-1/2 x 11- inch white paper. Please refer to the instructions below and the Forms section. Appendix G contains an Application Checklist for your use. Below is a description of the required proposal components and content: 1. Questionnaire Each application is to include the “Questionnaire” form. Applicant’s executive director or designee authorized to legally bind your organization must sign the Questionnaire. NOTE: An unsigned Questionnaire will result in the rejection of the application. 2. CHDO Certification Documents Unless your organization has been certified as a City of Rosemead Community Housing Development Organization (CHDO) within the past twelve months, submit the documentation listed in Appendix A. Eligible applicants must be non-profit organizations meeting the CHDO criteria and documentation requirements provided in Exhibit A. 3. Project Summary Complete the “Project Summary” form. 4. Housing Priorities (Maximum 25 Points) Complete the “Housing Priorities” form and attach a one-page narrative describing the population, community and number to be served by the proposed project, including the type of affordable housing that will result from this project. If your project will serve a targeted population or special needs population or provide services, describe the special needs population to be served and/or the services that will be provided. Label the one page narrative “Housing Priorities Narrative” and place your narrative after the Housing Priorities form. 12 5. Project Preparation (Maximum 25 Points) Complete the “Project Preparation” form and attach a narrative on no more than two (2) typewritten pages. The narrative should respond to each request for information in the order presented below. Clearly label your narrative as “Project Preparation Narrative” and place your narrative after the Project Preparation form and attachments. • For what purposes are you requesting this funding? • Outcome to be achieved (include description of all units, both HOME and non- HOME). • If a homebuyer project, how many homes are expected to be completed? • If a rental project, briefly describe the management plan for the project. • Present a clear and reasonable work plan, including an estimated project timeline, preferably lease-up within eighteen (18) months or resale within eight (8) months from date of acquisition, that identifies estimated start date, milestones to be accomplished within the funding period and how long the project will take to complete including estimated completion date. • Describe any unique or innovative elements to the proposed project. • Will the project meet Energy Star standards, green building, LEED certification? • Meet accessibility standards as applicable, in accordance with Section 504 of the Rehabilitation Act, the Americans with Disabilities Act, and the Fair Housing Act? • How will the housing be made affordable to low income households? • Gives priority to Rosemead Veterans and their families? • Has a unit mix that will provide affordable housing for families? • Provides on-site services? • Provides a preference to people who live or work in Rosemead? • Has a location that is convenient to transportation, services, and shopping? • Eligibility criteria of other sources of funding that will be committed or expect to be obtained for this project? If the proposal is a collaborative submission with other nonprofit organizations, explain how the project will be jointly conducted, identify the lead agency, identify roles and responsibilities of each participating party, and describe how the proposed project and beneficiaries will benefit from the collaboration. Include a letter of agreement between the collaborating organizations. 6. Management Capacity & Experience in Real Estate (Maximum 25 Points) Provide a narrative on no more than two (2) typewritten pages. The narrative should list and respond to each request for information in the order presented below. Please clearly label your narrative as “Management Capacity and Experience in Real Estate” and place your narrative after the “Project Preparation Narrative.” Also, complete the “References” form provided in the Forms section. Your narrative should: 13 a. Provide evidence of a successful track record of adequate organizational experience in owning and managing real estate. Please also describe paid staff that will be dedicated to this project and what role they will play, as well as their experience with that role. b. Provide detail of how your organization’s experience relates to the proposed housing project. c. Describe a recent successful project and your experience working with HOME CHDO funds. 7. Capacity for Project Financing and Leveraging (Maximum 25 Points) This section of the proposal should show evidence of the ability to leverage non-City of Rosemead cash for project costs. At minimum, a project should include at least 12.5% equity contribution. Projects with a larger equity commitment and firm funding commitments will be awarded more points. Evidence of leveraged funds may include cash, past grant history, firm commitments or demonstrated capacity to leverage funds. Resources may include grants, loans, donations of cash, goods, supplies, and services, etc. a. Complete “Estimated Project Costs and Financing” form. b. Provide a current organization-wide budget. Please clearly label this attachment as “Organization Budget” and place behind the “Project Preparation Narrative”. c. Provide three (3) most recent annual audited financial statements and auditor’s opinion and management letter, if issued. Audits must be conducted by an independent licensed certified public accountant. If an audit(s) is not available, please explain why. EVALUATION CRITERIA AND SELECTION PROCEDURES A materially incomplete or non-responsible proposal will be rejected. A proposal evaluation committee comprised of City staff will review each proposal based upon the Evaluation Criteria provided in Appendix I. Applicant references will be contacted for those proposals receiving the most points. The top proposal(s) earning the most points may be invited to participate in an interview with City staff to review qualifications and project proposal prior to selection. The award of the contract could be as much as three months after the RFP submission deadline. Final selection will be contingent upon City Council approval. Special Note: If the selected organization fails to perform in accordance with HUD’s regulations, City of Rosemead’s funding deadlines, and per the organization’s proposal, the organization will be removed at the discretion of the Community Development Department and the next organization in line will be contacted. 14 GUIDELINES & GENERAL CONDITIONS Proposals may be withdrawn at any time. Revised proposals may be resubmitted up until the Submittal Date. The selected organization will be responsible for complying with all conditions of this RFP, addenda, and all subsequent formal agreements. All responses provided should be as detailed as possible to provide the proposal evaluators with enough information to make a fair assessment of the organization’s proposed project and qualifications. The selected organization will be required to enter into a HOME Program Implementation Agreement and site specific agreements, including Deeds and Restrictive Covenants. The City may reject all proposals and reissue this request. The City is neither obligated to award a contract following proposal evaluation, nor to pay any costs incurred by participants in the selection process. The City may change or modify any of the criteria and information set forth herein without notice. Taxes No mention shall be made of Sales Tax or Use Tax, as all proposal prices submitted will be considered as including such tax, if applicable. References All reference information called for in the RFP must be submitted with the proposal. Issuing Officer The RFP is issued by the Community Development Department of the City of Rosemead. If you have any questions concerning this RFP, please email your questions to bkim@cityofrosemead.org. Contact with any other City staff or representative regarding this RFP, except as noted herein, is not allowed. Receipt of Proposal Proposals shall be time stamped when received and will be accepted up to and no later than the time indicated in the RFP. All proposals received after the time stated above will not be considered and will be returned to the proposer. The proposer assumes the risk of any delay in the mail or the handling of the mail by employees of the City. Whether sent by mail or by means of personal delivery, proposers assume responsibility for having proposal deposited on time at the place specified. Proposal Signature The name of the organization shall be provided and signed by its executive director or duly authorized officer. 15 Pre-Contractual Expenses The City of Rosemead shall not, in any event, be liable for any pre-contractual expense incurred by proposer in the preparation of its proposal. Pre-contractual expenses are defined as expenses incurred by proposer in: 1. Preparing its proposal in response to this RFP 2. Submitting its proposal to the City of Rosemead 3. Negotiating with the City of Rosemead on any matter related to its proposal 4. Any other expenses incurred by Proposer prior to date of award Interpretation of Proposal Documents Should a proposer find discrepancies in, or omissions from the specifications, or should proposer be in doubt as to their meaning, proposer shall notify the City immediately. Should it be found necessary, a written addendum will be posted on the City’s website. Addenda issued during the proposal period shall form a part of the contract and shall be included with the proposal. Addenda Any City of Rosemead changes to the requirements will be made by written addendum to this RFP. Any written addenda issued pertaining to this RFP shall be incorporated into the terms and conditions of any resulting Agreement. The City of Rosemead will not be bound to any modifications or deviations from the requirements set forth in this RFP as the result of oral instructions. Proposers shall acknowledge receipt of addenda in their proposals. Failure to acknowledge receipt of all addenda may cause a proposal to be deemed nonresponsive. Proposers shall acknowledge receipt of addenda (if any) on cover letter in their proposals. Failure to acknowledge receipt of all addenda may cause a proposal to be deemed nonresponsive. Joint Offers Where two or more Proposers desire to submit a single proposal in response to this RFP, they shall do so on a prime-sub-consultant basis rather than as a joint venture. The City of Rosemead intends to contract with a single firm and not with multiple firms doing business as a joint venture. Compliance with Laws The proposer shall comply with all applicable laws, ordinances, and codes of the State of California, U.S. Department of Housing and Urban Development (HUD), and the City of Rosemead, all regulations and rules relating to affirmative action, and shall commit no trespass on any public or private property in performing any of the work embraced by this contract. 16 Responsibility for Compliance with Legal Requirements Successful proposers shall be in full compliance with all applicable Federal, State and local regulations, standards, and ordinances, regardless of whether or not they are referred to by the City. Supplements to RFP If the evaluation of any proposal indicates minor noncompliance or variance with the RFP, the City may, but need not, make written request to the proposer for a supplement to the submitted proposal. Such request will attempt to identify the noncompliance or variance, and will establish a date by which the supplement to the RFP shall be submitted. If so requested, the proposer may submit a supplement to the RFP responsive to such request, within the time period established, which the City will evaluate in conjunction with the RFP. Any supplement to the RFP will be deemed to be an integral part of the proposer’s submittal. Evaluation Upon receipt of proposals, the City will evaluate all proposals to determine whether proposals are acceptable based on the criteria established in the RFP. Validity Period The submitted RFP shall be considered valid for a period of 180 days after the due date and shall contain a statement to that effect signed by the executive director authorized to bind organization for this period. Public Record After the award of the contract has been made by the City Council or appropriate staff, all findings and information considered in determining which proposal best meets the needs of the City and will be most advantageous with respect to price, conformity to the specifications and other factors will be made available for public inspection. Time of Delivery Time of delivery is a part of the consideration and must be stated in definite terms. Proposals are subject to acceptance any time within 180 days after opening unless otherwise stipulated. Interest of Member of the City No member of the governing body of the City of Rosemead, and no other officer or employee of the City who exercises any functions or responsibilities in connection with carrying out this project to which this proposal pertains, shall have any personal interest, direct or indirect, in this contract. Interest of Proposer The successful proposer covenants that it presently has no interest and shall not acquire any interest, direct or indirect, in the City or any other interest which would conflict in any manner or degree with the performance of this contract, and no person having any such interest shall be employed. 17 Penalty for Collusion If at any time it shall be found that the person, firm or corporation to whom a contract has been awarded has, in presenting any proposal, colluded with any other party or parties, then the contract so aware shall be null and void. The contractor and the contractor’s bonding company shall be liable to the City for all loss or damage that the City may suffer thereby. The City may advertise for a new contract for said services. Project Organization The successful proposer must provide a project manager to act as a liaison with the City, who will coordinate written reports and see the project through to satisfactory conclusion. Execution of Contract The proposer to whom award is made shall execute a written contract with the City on the form of the agreement provided, and shall secure all insurance and bonds required by the City within ten (10) days from the date of the award. Failure or refusal to enter into a contract, or to conform to any of the stipulated requirements in connection therewith, shall be just cause for the annulment of the award. Award shall then be made to the next proposer as determined by the City and that firm shall fulfill every stipulation as if it were the party to whom the first award was made. Findings Confidential Until such time that the City Council awards the contract, all reports, information, data, etc., prepared or assembled by the proposer under this proposal are confidential and the proposer agrees that such proposal shall not be made available to any individual or organization without the prior written approval of the City. Changes The City may require changes in the scope of the services to be performed by the proposer hereunder. All such changes, which are mutually agreed upon by and among all the parties, shall be incorporated in written amendments to this contract. All such amendments shall state any increase or decrease in the amount of the compensation due the proposer for the change in scope. Additions/Deletions of Service The City reserves the right to add and/or delete services to this contract. Should a service requirement be deleted, payment to the contractor will be reduced proportionally to the amount of service reduce in accordance with the proposal price. Should additional services be required from this contract, prices for such additions will be negotiated between the contractor and the City. Incorporation of Proposal into the Contract The contents of this proposal and the selected firm’s response are to be incorporated, in total, into the contract. Amendments All amendments to this contract must be in writing and signed by both parties. 18 Contract Compliance Monitoring The City shall monitor the organization’s compliance with, and performance under, the terms and conditions of the contract. The organization shall make available for the inspection and/or copying by the City all records and accounts relating to the work performed or the service provided under this contract. Contractor’s Responsibility The contractor shall be responsible for any damages whatsoever to City Property as applicable when such property is the responsibility of or in the custody of the organization, his/her employees or subcontractors. Disputes In the event a dispute arises concerning any matter under the contract, the party wishing resolution of the dispute shall submit a request in writing to the City Manager. The City Manager shall consider the request and respond within ten (10) days giving his or her findings and the reasons for the findings. Any party dissatisfied with the findings of the City Manager may appeal to the City Council in any objection. The City Council shall consider any matter appealed at a hearing within thirty (30) days. The decision of the City Council shall be final upon matters of fact unless clearly erroneous or procured by fraud. Rejection of Proposals The City reserves the right to reject any, or any part of a proposal, to waive any informality in the proposal and to select the services, which shall be deemed in the best interest of the City. It shall be emphasized that award of contract will be based upon responsiveness to the proposal specifications. Proposers Interested in More than One Proposal More than one proposal from an individual, firm, partnership, corporation or association under the same or different names will not be considered. Reasonable grounds for believing that any proposer is interested in more than one proposal for the work contemplated will cause the rejection of all proposals in which such proposer is interested. If there is reason for believing that collusion exists among more than one proposer, all proposals will be rejected, and none of the participants in such collusion will be considered in future proposals. A person, firm or corporation who has submitted a sub-proposal or who has quoted prices on materials to a proposer is not thereby disqualified from submitting a proposal or quoting prices to other proposers. Permits, Regulations, and Ordinances The successful proposer shall give all notices necessary in connection with the performance of the contract, shall secure and pay for all necessary licenses and permits to do the work and shall comply with all laws, ordinances, rules and regulations, bearing on the conduct of 19 the work. Any work performed that does not conform to said laws, ordinances, rules and regulations shall be changed to conform thereto by the contractor at his sole expense. Equal Opportunity/Section 3 This program/project is federally funded in whole or in part by the HOME Investment Partnerships Program and all requirements of the Title 24 of the Code of Federal Regulations apply including Section 3, Part 135. The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low- income persons, particularly persons who are recipients of government assistance for housing, and to business concerns which provide economic opportunities to low- and very low-income persons. 20 FORMS 21 QUESTIONNAIRE 1. Organization’s Name 2. Organization’s Address 3. Total Funding Requested: $ 4. Name of President/Executive Director 5. Telephone Number Fax Number 6. Email Address___________________________________________________ 7. Name and Title of Project Manager 8. Telephone Number Fax Number 9. Email Address___________________________________________________ 10. Identify if the application is being submitted jointly with other nonprofit community based organizations: Yes (List other organization(s) by name):___________________________ No 11. Has your organization ever been suspended or debarred or is otherwise excluded from or ineligible for participation in Federal programs under Executive Order 12549, “Debarment and Suspension.” _____ Yes _____ No I CERTIFY THAT TO THE BEST OF MY KNOWLEDGE, information contained in this proposal is accurate. By signing this application, the undersigned offers and agrees, if the proposal is accepted, to furnish the items or services, subject to final negotiation by the City of Rosemead, and subsequent contract award. ______________________________________________________________________ Signature of Executive Director (or authorized designee) Date ______________________________________________________________________ Print Name Title 22 PROJECT SUMMARY Project Name: __________________________________________________________ Project type (please mark all that apply): Rental Project - Estimated number of units: ___________ Homeownership Project - Estimated number of homes: __________ Unit type (please check all that apply): Multi-family building(s) Mixed-use commercial/residential Condominium/Townhome Single family detached Funding Requested: Acquisition $_______________ Construction $_______________ Rehabilitation $_______________ Soft Costs $_______________ Relocation Costs $_______________ Total funding requested $_______________ Anticipated location (provide a specific address, if known, or neighborhood boundaries): ______________________________________________________________________ Brief Project Description: 23 HOUSING PRIORITIES Indicate the target population to be served and which objectives the project is designed to meet. If you answer “yes” to any of the objectives, please provide brief description. All households must be low income households (at or below 80% AMI). Objective Number Objective Description Yes/No 1 Give priority to Rosemead Veterans and their families. Yes No 2 Provide affordable housing for Rosemead families. Yes No If yes, # of 2-br. Projected units = ______ # of 3-br. Projected units = ______ # of 4-br. Projected units = ______ 3. Provide homeownership opportunities. Yes No If yes, # of homebuyers assisted: _____ 4. Project serves special needs population, such as chronically homeless, victims of domestic violence, persons with disabilities, and/or youth aging out of foster care. Yes No If yes, identify population type: ______________________________ & number of units: ___________ Attach a one-page narrative describing the population, community and number to be served by the proposed project, including the type of affordable housing that will result from this project. If your project will serve a special needs population or provide services, describe the special needs population to be served and/or the services that will be provided. 24 PROJECT PREPARATION Number of years organization in operation:________ Date of incorporation: ___________ Number of years organization in housing development: __________ Total number of units produced: __________ Rehabilitated: __________ Owned: __________ Managed: __________ Constructed: __________ Estimate percentage of above total housing units produced that served very low and low income persons: 30% of median and below __________ 50% of median and below __________ 80% of median and below __________ Over 80% of median __________ Number of employees/volunteers in organization: _________ Full-time employees _________ Part-time employees _________ Volunteers _________ Number of employees/volunteers to work on project: _________ Full-time employees _________ Part-time employees _________ Volunteers _________ Type of Proposed Project (Check one): Rental Homeownership Project preserves and/or rehabilitates existing affordable units (Check one): Yes No Please check Yes or No, as appropriate, for the proposed project and provide attachments as indicated in the sequence below. Clearly label requested attachments as directed below and place these attachments behind this worksheet. 1. Do you have a site(s) identified? If yes, provide location site map(s) for the project(s). Label as Attachment 5a. Yes No 25 2. If the site is identified, do you anticipate the property requiring a rezoning/special use permit for your proposed project? Yes No 3. Has total project financing been identified for this project? Yes No 4. Is project ready for implementation, assuming HOME funding under this RFP? Yes No 5. If no site has been identified, please indicate how potential properties will be identified? What will be the property characteristics (bedroom size), neighborhood, and price point? Identify the age of the housing units to be preserved and/or rehabilitated: _________ Identify the condition of the housing units to be preserved and/or rehabilitated (Check one): No rehabilitation needed; Minor rehabilitation required (estimated rehabilitation costs are below $25,000 per unit); or Substantial rehabilitation required (estimated rehabilitation costs $25,000 or more per unit. If the proposed project is acquisition/rehabilitation for resale to a first-time homebuyer, how will you ensure that the after rehabilitation value of the property does not exceed the Homeownership Value Limits set by HUD? Do you have schematics and a preliminary site plan for the project? Yes No Do you have detailed cost estimates for rehabilitation work? If yes, submit one copy and identify source of estimates. Clearly label. Yes No Has an appraisal been completed for the property? Yes No 26 If yes, what is the appraised value of the property? $__________________ What is the assessed value of the property? $__________________ 27 REFERENCES Provide the contact information of three (3) current or former clients who have contracted with your organization for similar projects. Reference #1 Name of Agency Name of Contact Person Telephone Number Email Date of Agreement Brief Description of Project: Reference #2 Name of Agency Name of Contact Person Telephone Number Email Date of Agreement Brief Description of Project: Reference #3 Name of Agency Name of Contact Person Telephone Number Email Date of Agreement 28 Brief Description of Project: 29 ESTIMATED PROJECT COSTS AND FINANCING Estimated Project Costs Per Unit Total Acquisition: Site preparation/demolition: New construction: Rehabilitation: Other (financing, insurance, legal fees): Total Estimated Project Cost: Project Financing Amount Committed Proposed HOME Funds $ Equity source (describe each source): $ Yes No Equity source: $ Yes No Equity source: $ Yes No 1st Trust: $ Yes No 2nd Trust: $ Yes No Total Project Financing: $ 30 TOTAL HOME as % of Total Project Financing: _______% Complete for Rental Projects only: PROPOSED RENT SCHEDULE No. of Bedrooms Income served a percent of AMI (30%, 50%, 80%, market) Number of units by bedrooms/ income served Rent Utilities Complete for Proposed Homeownership Projects Only: Number of units Square Footage No. of Bedrooms/ Baths Structure Type1 Acquisition & construction cost/unit Sales Price/unit Targeted purchasers: # of Purchasers: __________ Income as % of AMI: _________% # of Purchasers: __________ Income as % of AMI: _________% 1 Single family detached, townhouse, or condominium 31 # of Purchasers: __________ Income as % of AMI: _________% Does your proposed project include sweat equity requirements? What is the minimum down payment the homebuyer will be required to make? ______% How would the sales price be determined? What other funds will be used for gap financing and/or down payment assistance? Homebuyers must receive housing counseling. Please indicate who will provide housing counseling and the qualifications of the provider. 32 CERTIFICATION The undersigned has carefully examined RFP documents pertinent to the referenced services, and further, being familiar with all other conditions affecting this proposal, hereby agrees to furnish all labor, materials, etc., required to complete said services outlined in the specifications and other documents. Furthermore, the undersigned considers this response to the RFP valid for a period of 180 days after the due date. ______________________________________________________ Agency Name ______________________________________________________ Printed Name Title ______________________________________________________ Authorized Signature Date ______________________________________________________ Mailing Address ______________________________________________________ City State Zip Code ______________________________________________________ Telephone Number ______________________________________________________ Fax Number 33 NONCOLLUSION AFFIDAVIT Proposer declares that the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent, or employee of the City is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm, or corporation making a proposal of the same work and that this proposal is in all respects fair and without collusion or fraud. Note: This questionnaire constitutes a part of the proposal and signature on the signature portion of this proposal shall constitute signature of this questionnaire. In case of discrepancy between words and figures, the words shall prevail. The names of all persons, firms, and corporations interested in the foregoing proposal as principals as follows: Pursuant to the requirements of Business and Professions Code Section 7028.15, the representations made in this bid are made under penalty of perjury. The undersigned are prepared to satisfy the City Council of the City of Rosemead of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with specifications set forth. ____________________________________ Company Name ____________________________________ Print Name ____________________________________ Title ____________________________________ Signature Dated_______________________, 20_____ 34 CONFLICT OF INTEREST DISCLAIMER The undersigned, ____________________________________________, declares that (Print or Type Name) ______________________________________does have/does not have (cross one out) (Name of Firm) interest, ownership or receives or anticipates receiving remuneration of any type from the manufacturer(s), supplier(s), or distributor(s) which may be recommended on the project, as listed below. Firm Product Remuneration _____________________________________ Signature of President, Secretary, Partner, Owner or Representative ______________________________________ Date 35 ACKNOWLEDGMENT OF INSURANCE REQUIREMENTS AND CERTIFICATION OF ABILITY TO PROVIDE COVERAGES SPECIFIED I, _____________________________________, the ________________________ (President; Secretary; Owner or Representative) of ________________________________________________________, certify that the (Company Name or Corporation, or Owner) Insurance Requirements set forth in Appendix B have been read and understood that our insurance company(ies) __________________________ _____________________________________________________________________ (Name(s) of insurance company(ies) is/are able to provide the coverages specified. _____________________________________ Signature of President, Secretary, Partner, Owner or Representative _____________________________________ Date 36 APPENDICES 37 APPENDIX A CHDO Checklist The information contained in this checklist refers to the definition of Community Housing Development Organization (CHDO) in the HOME Rule, Subpart A §92.2. This checklist is a tool utilized by the City of Rosemead to track the required certification documentation that must be submitted for CHDO certification. In order to receive consideration under the RFP, your organization must provide the following documentation with your application packet. I. LEGAL STATUS A. The nonprofit organization is organized (and remains in good standing) with state and local laws, as evidenced by: _____A Charter, or _____Articles of Incorporation B. No part of the organizations net earnings shall inure to the benefit of any member, founder, contributor or individual, as evidenced by: _____ Articles of Incorporation _____By Laws C. A tax exemption ruling from the Internal Revenue Service (IRS) under section 501(c)(3) or 501(c)(4) of the Internal Revenue Service Code of 1986: _____Copy of IRS Letter or 501( c)(3) Certificate OR If classified as a subordinate of a central organization non-profit under Section 905 of the Internal Revenue Code, as evidenced by: ______A group exemption letter from the IRS that includes the CHDO. D. Has among its purposes, the provision of decent housing that is affordable to low and moderate income people, as evidenced by a statement in the organizations: _____ Charter, _____ Articles of Incorporation, _____ By Laws, OR _____ Resolutions. E. Has a clearly defined geographic service area: _____ Written description, OR _____ Map II. CAPACITY A. Conforms to the financial accountability standards of Attachment F of OMB Circular A-110, ”Standards for Financial Management Systems”, as evidenced by: 38 _____ A notarized statement by the president or chief financial officer of the organization; OR _____ A certification from a Certified Public Accountant. B. Has a demonstrated capacity for carrying out activities assisted with HOME funds, as evidenced by: _____ Resumes and/or statements that describe experience of Key Staff members who have completed projects similar to those to be assisted with HOME funds. C. Has a history of serving the community2 in the construction of low income housing funded with HOME funds, as evidenced by: _____ Statement that documents at least one-year of experience in serving the community in either housing, social services or economic development. Please attach substantiating documentation that will confirm involvement in local activities (such as copies of minutes of local meetings, announcements of activities, flyers, brochures, newspaper articles, recognition letters, awards, etc.). _____ For newly created organizations formed or sponsored by a non-profit agency such as local church, service or community organization, provide a statement that documents that the parent organization has had at least one-year of experience in serving the community they plan to serve. III. ORGANIZATIONAL STRUCTURE A. BOARD REPRESENTATION: The CHDO must maintain at least one-third of its governing board’s membership for residents of low income neighborhoods, other low income community residents, or elected representatives of low income neighborhood organizations, as evidenced by the organization’s: _____ By Laws, _____ Charter, or _____ Articles of Incorporation. B. Provides a formal process for low-income program beneficiaries to advise the organization all of its decision making. The process must allow constituents to advise the organization regarding design, location, development and management of affordable housing projects, as evidenced by: _____ By Laws _____ Board Resolution, if not included in By Laws _____ Copy of written operating procedures approved by the governing board. IV. RELATIONSHIP WITH FOR-PROFIT ENTITIES A. If the CHDO is sponsored or created by a for-profit entity, the for-profit entity may not appoint more than one-third of the membership of the CHDO’s governing board. The board members appointed by the for-profit entity may not, in turn, appoint the remaining two- thirds of the board members, as evidenced by the CHDO’s: _____ By Laws, _____ Charter, OR _____ Articles of Incorporation. B. The CHDO is not controlled, nor receives directions from individuals, or entities seeking profit from the organization, as evidenced by: 2 Community is broadly defined as Southern California region. 39 _____ A self-certifying statement. _____ By Laws C. A Community Housing Development Organization (CHDO) may be sponsored or created by a for- profit, however: 1. The for-profit entity’s primary purpose does not include the development or management of housing, as evidenced by: _____ The for-profit organization’s by laws and; 2. The CHDO is free to contract for goods and services from vendor(s) of its own choosing, as evidenced by the CHDO’s: _____ By Laws, _____ Charter, OR _____ Articles of Incorporation. 40 APPENDIX B INSURANCE A. CHDO shall furnish or cause to be furnished to City evidence of: 1. Property insurance insuring the Program Property against all risks of loss, excluding earthquake and flood, in an amount not less than one hundred percent (100%) of the full insurable value of the Program Property; B. CHDO shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California, rated “A” or better in the most recent A.M. Best Insurance Rating Guide, and approved by City, a policy or policies of: 1. Broad-form commercial general liability insurance with minimum combined single limits of One Million Dollars ($1,000,000) against any injury, death, loss or damage as a result of wrongful or negligent acts by CHDO, its officers, employees, agents, and independent contractors in performance of services under this Agreement; 2. Automobile liability insurance, with minimum combined single limits coverage of One Million Dollars ($1,000,000); and 3. Workers’ compensation insurance and employer’s liability insurance with a minimum limit of One Million Dollars ($1,000,000) or the amount required by law, whichever is greater. C. Insurance policies required by the Agreement shall contain the following provisions: 1. Each insurance policy required hereunder shall be endorsed and state that the coverage shall not be suspended, voided, canceled by the insurer or either party to this Agreement, or reduced in coverage or in limits except after thirty (30) calendar days’ prior written notice by certified mail, return receipt requested, has been given to City. 2. City, its elected and appointed officials, officers, employees, attorneys, and designated volunteers shall be covered as additional insurers as respects: liability arising out of activities CHDO performs; products and completed operations of CDHO: premises owned, occupied or used by CHDO. The coverage shall contain no special limitations on the scope of protection afforded to CITY, and its elected and appointed officials, officers, employees, attorneys and designated volunteers. 3. Except for the workers’ compensation policy, coverage provided hereunder by CDHO shall be primary insurance and not contributing with any insurance maintained by City, and the policies shall contain such an endorsement. The 41 insurance policy or the certificate of insurance shall contain a waiver of subrogation for the benefit of City. 4. CHDO's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 5. Any failure to comply with the reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, and its respective elected and appointed officials, officers, employees, attorneys or designated volunteers. D. All insurance coverages shall be confirmed by execution of endorsements required under the Agreement. CDHO shall file certificates of insurance and the endorsements with City on or before the date of commencement of services pursuant to this Agreement, and thereafter maintain current endorsements on file with City. The endorsements are subject to City’s approval. Certificates of insurance and endorsements for Property Damage Coverage shall be provided to City prior to the close of escrow for the purchase of the Program Property. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City may inspect complete, certified copies of all required insurance policies at any time. E. Any deductibles or self-insured retentions must be declared to and approved by City. At City’s option, either the insurer shall reduce or eliminate such deductibles or self insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or CHDO shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. F. The procurement of the insurance policy or policies required under the Agreement shall not be construed to limit CHDO’s liability under the Agreement or to fulfill the indemnification provisions and requirements of the Agreement. 42 APPENDIX C Income Limits (2018 Adjusted HOME Income Limits) Family Size 30% AMI 50% AMI 80% AMI 1 $20,350 $33,950 $54,250 2 $23,250 $38,800 $62,000 3 $26,150 $43,650 $69,750 4 $29,050 $48,450 $77,500 5 $31,400 $52,350 $83,700 6 $33,700 $56,250 $89,900 7 $36,050 $60,100 $96,100 8 $38,350 $64,000 $102,300 43 APPENDIX D HOME Maximum Per Unit Subsidy Limits Effective November 7, 2017 Bedrooms HOME Maximum Subsidy 0 $144,050 1 $165,134 2 $200,801 3 $259,774 4+ $285,149 44 APPENDIX E 2018 HOME Program Rents Bedroom Size Low HOME Rent High HOME Rent 0 $848 $1,067 1 $909 $1,163 2 $1,091 $1,397 3 $1,260 $1,605 4 $1,406 $1,771 5 $1,551 $1,936 6 $1,695 $2,101 45 APPENDIX F HOME Underwriting & Subsidy Layering Review Guidelines A review of developer capacity and project feasibility will be conducted prior to approval of the project. The City will follow CPD Notice 15-11 when conducting a subsidy Layering/underwriting review. One of the purposes of the review is to ensure that the City is not investing more HOME funds than is necessary and that the City is making a sound investment over the long term. I. APPLICATION: For all HOME funded HOME-assisted rental and homebuyer projects, the developer must first complete and application for funding. In the application for HOME funds, the developer must list all sources of government assistance that may possibly be used for the project. In addition, the developer must list the amount of each funding source and the use of the funds. A detailed development and operating budget is also required. II. UNDERWRITING ANALYSIS: Once the application and all budget forms are received, the City will perform a subsidy layering review. The underwriting analysis will consist of the following: 1. Identifying the types of funding involved (source, uses, amounts, type, maximum per unit subsidy, and what firm commitments are in place). Funds cannot be committed until all necessary financing is secured; 2. Reviewing financial capacity and experience of developer; 3. Determining if the project is feasible; 4. Reviewing costs to determine if they are reasonable, HOME eligible, necessary, and will result in units meeting property standards; 5. Reviewing the reasonableness of the rate of return for developer (profit reasonableness, developer fee); 6. Identifying the long term needs of the project and/or tenants (see homebuyer projects); 7. Assessing market conditions of neighborhood where project will be located and market demand for the proposed units; 8. Determining if there is any unreasonable risk of loss of funds and/or affordability; and 46 9. Review timeline to ensure that all HOME deadlines can be met: acquisition of standard housing will occur within six months of the purchase agreement date, and construction or demolition of the property can be expected to start within 12 months of the agreement date. Project must also be completed within four years of the date funds are committed. A. Proforma Analysis The developer must submit a proforma analysis showing the income and expenses and reserve levels projected for the project over the term of the affordability period. The City will review the projected rents (compliance with HOME rent limits), assumptions on long-term income and expenses through the affordability period, and adequate reserves for replacement. The rate of increase for income should be no higher than 2% per year. May be less for special needs projects. Vacancy can be as low as 2% in a tight market, but should be as much as 6% for projects serving special needs and the chronically homeless. Operating expenses would include payment on loans, utilities, gardening, maintenance, vacancy factor, property management fees, taxes (if applicable), marketing, support services, and reserves for long-range capital needs. Operating expenses should increase 4-4.5% each year. The pro-forma should provide a reserve account for operating and replacement. Replacement reserves should be sufficient and timely to address the long-term capital needs identified in the City’s assessment. Homebuyer projects For homebuyer projects, the following review affordability analysis will be conducted as a part of the affordability analysis: 1. Determine if subsidy level is adequate but not excessive given the income eligibility requirements of the target population; 2. Ensure that homebuyer guidelines require proof of sufficient savings to meet the down payment, cash reserves, and closing costs (if applicable); 3. Determine if homebuyer guidelines require that the housing costs (PITI) and total debt fall within acceptable ratios; and 4. Review if HOME funds are being loaned to the homebuyer and determine if loan to value ratio is adequate. B. Return on Investment In reviewing the proposal, the City must determine that the developer’s return on investment is reasonable given the size, type, risk and complexity of the project. Also, the City will consider the amount of equity investment the developer is committing to the project. 47 Developer Fee Generally, the developer fee may not exceed 15% for LIHTC or 10% for projects of 20 units or more (rehabilitation or new construction). For projects less than 20 units, the developer fee may be as high 6% depending upon the complexity and the timeline for the project. The more complex and lengthy that the project is the more developer fee. Project Income Generally, southern California real estate appreciated at an average rate of 7.4 percent per year from 1985 - 2004. If the developer has invested no equity into the project, they have taken on a very low level of risk unless they will also continue own and manage the project after completion. If the project is expected to earn income after deducting debt service, then the City’s loan will be amortized. Conversely, if the developer has invested equity into the property, the developer should expect a reasonable return on the equity invested. An analysis will be conducted to determine the interest rate and repayment terms, while preserving the affordability and long-term viability. To determine the rate of return on the developer’s equity investment for a low risk project, the annual cash flow will be divided by the equity invested. The resulting percentage generally should not exceed the current 30 year Treasury yield curve rate. However, in some cases more profit may be allowed in order to incentivize the creation of deeply affordable housing or in recognition of other risk factors, so care will be taken to consider what profit the developer could reasonably expect without the HOME funds and limitations. Because each project is different, profit reasonableness will be determined on a case-by-case basis. C. Market Assessment The City’s assessment of current market demand in the neighborhood where the project is located will address pricing and absorption. Demand for all housing units being developed, not just those designated as HOME-assisted, must be assessed. The study will review whether the project can expect to receive the anticipated rent or sales price in the location and with the amenities proposed, and if the rental or sale of the project can occur in a timely manner. The scope of the market analysis will depend largely on the scope of the proposed project. Typically, the City will request that the applicant provide market data to support the demand for the units at the proposed rent/sales price. For special needs projects, current waiting list data provided by the developer may be considered sufficient. Securing reliable, independent, and timely data just for the City of Rosemead may be difficult. When local data is not available, the City will accept regional data for Los Angeles County. Unless the market is currently experiencing a decline, data may be 48 4 to 6 years old. More current data or factors will be required during a market downturn. Generally, the City’s market analysis will include the following: • Evaluation of general demographic, economic, and housing conditions in the community. • Delineate the market area by identifying the geographic area from which the majority of a project’s tenants or buyers are likely to come. • Qualify the pool of eligible tenants or buyers in terms of household size, age, income, tenure (homeowner or renter), and other relevant factors. Not all residents of the market area are potential or likely tenants or buyers of any given project. • Analyze the competition by evaluating other housing opportunities with an emphasis on other affordable rental developments or sales opportunities in the market area, including those financed through either the HOME program or other federal programs. • Assess the market for the planned units and determine if there is sufficient demand to sell the HOME assisted housing either nine months of construction completion or to rent the HOME assisted housing within 18 months of project completion. • Evaluate the effective demand and the capture rate, usually expressed as a percentage (the project’s units divided by the applicant pool). The capture rate is the percentage of likely eligible and interested households living nearby who will need to rent units in the proposed project in order to fully occupy it. The lower this rate, the more likely a project is to succeed. • Estimate the absorption period. Plan how many units can be successfully leased or sold each month and how long it will take to achieve initial occupancy/sale of the HOME units and stabilized occupancy for the project as a whole. If other funders require an independent market study, the City will accept the independent market study if the study meets the requirements outlined in the City’s underwriting standards. The City will review any such studies and determine the project’s likelihood of success. D. Developer Capacity Assessment The City will assess if the developer experience and financial capacity is acceptable based on the size, scope, and complexity of the project. Experience The City will review the following information to assess developer capacity: A list of past projects completed by the developer that are of similar nature to the one proposed; and 49 List of key staff and each person’s role in the project and their prior experience and/or qualifications. If the developer is lacking appropriate experience or staffing, the City may request that the developer partner with another experienced developer to provide the necessary capacity to the project. Financial Capacity The City will review the following information to determine if the developer has the financial capacity to complete the proposed project: Adequate financial management systems and practices through review of developer’s net worth, financial statements, and audits; and Sufficient financial resources to carry the project to completion or through initial lease-up through a review of pre-development funding, cash on hand, and liquidity of assets. The cash needs of the project should not exceed the developer’s net or liquid assets. E. Project Feasibility Review In order to adequately underwrite a project, the City will assess a sources and uses statement and an operating pro-forma (or sales and revenue plan for homebuyer development projects). Sources and Uses Statement In the HOME Funding Application, the applicant must complete a sources and uses statement. Based upon the sources of funding identified, the City will request the following: Firm commitment letters with all terms and conditions for all mortgages, grants, bridge loans and investment tax credits; If the applicant is a partnership or limited liability corporation, a copy of the partnership agreement or operating agreements, which will indicate the cash contributions by the partner(s) or members(s); and If equity is committed by the developer or owner(s), evidence of available equity funds. Assessment of HOME Subsidy Amount The City must ensure that the amount of HOME assistance is reasonable and necessary. While evaluating sources, the City will determine the following: 50 • Are total funding sources adequate and timely in their availability to cover development costs at phases of the development – acquisition, construction/rehabilitation, and permanent loan? All necessary financing must be available to cover reasonable costs of development. The availability of resources should match the project’s timeline and allow the City determine when and for which items it will disburse HOME funds. The City will review the commitment and availability of permanent funding sources, the repayment terms of which need to be incorporated in the long term operating projections. • Are other funding sources compatible with HOME, or do they contain different requirements that affect the structure of the project, including unit mix, and are these differences accommodated in the project plan? In the City’s review of written commitments for other funding sources, the City will determine whether there are provisions that: (1) conflict with HOME requirements; or (2) are not reflected in the project plan. The availability of resources should match the project’s timeline and allow the City to anticipate when and for which items it will disburse HOME funds. • Are the funding sources firmly committed? The City will review all firm written commitments and amounts to ensure that the amount is necessary to complete the project. Documentation of firm financing can include award letters, offer letters, final term sheets, or other commitments which are conditioned upon the receipt of HOME funds. The documents may not include automatic self- expiring clauses or highly conditioned language. The commitment must have all substantial terms tied to the proposed project. In the case of LIHTC, the project must have received a reservation from the Housing Credit Allocator and be able to provide a good faith offer of equity investment from an investor prior to the issuance of a HOME commitment. Uses Uses are the project costs that are budgeted to be paid during development. The City will review all costs to determine the gap between uses and other sources. The gap should not be less than the amount of HOME funds to be provided. In the HOME Funding Application, the applicant must provide a summary of estimated project costs and attach a detailed development budget. For a less complex project, the summary along with supporting documentation may be provided in lieu of a detailed development budget. The types of documents needed for the review may include: Purchase Agreement; Estimated Closing Statement; Appraisal; Construction cost estimate or preliminary bid(s); Contracts or quotes for professional services; 51 Agreements governing the various reserves which are capitalized at closing to verify that the reserves cannot be withdrawn later as fees or distributions; and For LIHTC, documentation on the syndication costs (legal, accounting, tax opinion, etc.) from the organization/individual who will syndicate and sell the offering to ensure that the project can support the fees necessary to syndicate/fund the project. The City must ensure that the costs are necessary and reasonable. While evaluating uses, the City will determine the following: • Are all of the proposed costs of development “necessary and reasonable” in compliance with OMB cost principles contained in 2 CFR part 200? Costs are considered necessary if they are required to implement the project in full compliance with all program standards. For costs to be reasonable, the City will evaluate appraisal information and bids/quotes. If the project involves rehabilitation, the City will also prepare a cost estimate. • Are the proposed costs sufficient to achieve all program requirements, including property standards, to provide quality housing for at least the affordability period? An essential part of this analysis is the project pro-forma and estimated reserves. For projects involving rehabilitation, the City will conduct a capital needs assessment to determine the useful life of major systems, such as roof, heating, electrical, and plumbing. • Are the costs proposed to be paid with HOME funds eligible under the HOME rule at 24 CFR part 92.206? III. SUBSIDY LAYERING The analysis to determine the amount of investment needed to make a project feasible is sometimes referred to as “gap analysis”, as it is used to determine the gap between approved costs and availability financing or other subsidies. The City will review the sources of funds, terms and equity invested. If the total amount HOME assistance and other sources exceeds the amount the City determines is necessary to make the project feasible and viable for the affordability period, the City may reduce the amount of HOME assistance, increase number of HOME assisted units or lower the target income levels and rents, and/or impose loan terms. The application for HOME funding will be denied if the developer fails to make adjustments required by the City. IV. RESULTS Based on the underwriting analysis and subsidy layering review, the City will determine if the HOME funds requested are necessary or reduce the HOME funding or deny the application for HOME funds. 52 The City will issue a written evaluation of the project application, which will be documented in the project file. V. REVISIONS The Subsidy Layering/Underwriting review is performed prior to the beginning of the project. However, after the project commences, conditions may change. For example, the initial budget for relocation or rehabilitation may need to be adjusted to take into account unexpected costs. Not all changes jeopardize the project, because the City verifies sufficient developer equity and ensures that the budget has contingency funds before the project starts. However, if the total project budget changes more than 5% or a funding source is lost or added, a limited review will be conducted by the City to determine if the project remains feasible and that the HOME subsidy amount is still appropriate. 53 APPENDIX G Application Checklist 1. Application Cover Sheet Questionnaire Form 2. CHDO Certification Documents listed in Appendix A 3. Project Summary Project Summary form 4. Housing Priorities Housing Priorities form 1-page Narrative 5. Project Preparation Project Preparation form 2-page Narrative Letter of agreement for collaboration (if applicable) 6. Management Capacity & Experience in Real Estate 2-page Narrative References Form 7. Capacity for Project Financing and Leveraging Estimated Project Costs and Financing form Organization Budget Three most recent annual audited financial statements 8. Other Forms Certification Noncollusion Affidavit Conflict of Interest Disclaimer 54 Acknowledgment of Insurance Requirements and Certification of Ability to Provide Coverages Specified 55 APPENDIX H Evaluation Criteria 1. Housing Priorities (Maximum 25 points) Proposal indicates which housing priorities listed in the RFP that the applicant’s project is designed to meet. All HOME beneficiaries must be low income households (at or below 80% AMI). Maximum 10 Points Maximum 15 Points Maximum 20 Points Maximum 25 Points Proposal clearly describes the population to be served and explains how their needs will be served through this project. AND All of the households to be served by the project will be low income (80% or below AMI) Proposal clearly describes the population to be served and explains how their needs will be served through this project. AND All of the households to be served by the project will be low income (80% or below AMI) AND More than 51% of the population to be served by the project is from one of these categories: Rosemead Veteran or families. Proposal clearly describes the population to be served and explains how their needs will be served through this project. AND All of the households to be served by the project will low income (80% or below AMI) AND More than 75% of the population to be served by the project is from two of these categories: Rosemead Veteran or families. AND Project provides for homeownership opportunities. Proposal clearly describes the population to be served and explains how their needs will be served through this project. AND All of the households to be served by the project will be low income (80% or below AMI) AND 100% of the population to be served by the project is from two of these categories: Rosemead Veteran or families. AND Project provides for homeownership opportunities. 56 2. Project Preparation (Maximum 25 points) Proposal provides evidence that the applicant has identified (or will identify) possible sites and will likely complete acquisition within 6 months of award and full lease-up within 12 months of acquisition or sale within 6 months of acquisition. Maximum 10 Points Maximum 15 Points Maximum 20 Points Maximum 25 Points Proposal identifies possible areas or sites and indicates that acquisition can be completed within 6 months of award date. Proposal identifies possible areas or sites and indicates that acquisition can be completed within 6 months of award date. AND Applicant has identified a possible project site (address). Applicant has identified a possible project site (address). AND Applicant has a preliminary plan for acquisition (and rehab, if applicable). AND Primary project financing has been identified. Applicant has identified a project site and has a purchase agreement or ownership. AND Applicant has a preliminary plan for rehab, if applicable. AND All forms of non-HOME financing have been identified. Applicant’s first lender has provided a pre-approval letter demonstrating that applicant can likely secure additional project financing and/or applicant already has other funding commitments. 57 3. Management Capacity and Real Estate Experience (Maximum 25 Points) Proposal demonstrates organizational capacity and paid staff to successfully complete project activities and its objective(s) and presents how the project will be accomplished within a specified period. Maximum 10 Points Maximum 15 Points Maximum 20 Points Maximum 25 Points Proposal presents demonstrated successful track record as evidence of adequate organizational experience in owning and managing real estate or developing new housing and paid staff that will be dedicated to this project. AND Provides three references for projects similar to the one proposed. Proposal presents demonstrated successful track record as evidence of adequate organizational experience in owning and managing real estate or developing new housing and paid staff that will be dedicated to this project. AND Provides three references for projects similar to the one proposed. AND Description of staff involved and their expertise as it pertains to project activities. AND Proposal presents a clear and reasonable acquisition/rehab and marketing or rental management plan. Includes a realistic timeline proving for resale to home buyers within 12 months of award date or for lease up and full occupancy within 22 months of award date. Proposal presents demonstrated successful track record as evidence of adequate organizational experience in owning and managing real estate or developing new housing and paid staff that will be dedicated to this project. AND Description of staff involved and their expertise as it pertains to project activities. AND Proposal presents a clear and reasonable acquisition/rehab and marketing or rental management plan. Includes a realistic timeline providing for resale to homebuyers within 10 months of award date or for lease up and full occupancy within 20 months of award date AND Includes prospective source of eligible tenants or buyers. Proposal presents demonstrated successful track record as evidence of adequate organizational experience in owning and managing real estate or developing new housing and paid staff that will be dedicated to this project. AND Description of staff involved and their expertise as it pertains to project activities. AND Proposal presents a clear and reasonable acquisition/rehab and marketing or rental management plan. Includes a realistic timeline providing for resale to homebuyers within 8 months of award date or for lease up and full occupancy within 18 months of award date AND Includes a successful leasing/resale process in place that is adequately described. 58 4. Capacity for Project Financing and Leveraging (Maximum 25 points) Maximum 10 points Maximum 15 points Maximum 20 points Maximum 25 points Estimated project costs and financing are clearly described and within the parameters of the RFP. Financing plans are feasible. AND Applicant shows evidence of the ability to leverage at least 12.5% of total for estimated project costs from non- City funds. Estimated project costs and financing are clearly described and within the parameters of the RFP. Documentation identifies proposed project financing. Financing plans are feasible. AND Applicant shows evidence of the ability to leverage at least 30% of total for estimated project costs from non-City funds. This may include soft commitments of demonstrated capacity of leverage funds. Estimated project costs and financing are clearly described. Documentation identifies proposed project financing. Financing plans are feasible and show a positive cash flow. AND Applicant shows evidence of the ability to leverage a significant amount of non-City funds at least 40% of total for estimated project costs from all sources. This may include past grants or firm commitment of funds for project submitted under this RFP. Estimated project costs and financing are clearly described. Documentation identifies proposed project financing. Financing plans are feasible and show a positive cash flow. AND Applicant shows evidence of the ability to leverage a significant amount of non-City funds at least 50% of total for estimated project costs from all sources. This may include past grants or firm commitment of funds for project submitted under this RFP. Financing, other than City funds, has been committed or secured. Applicant demonstrates evidence of additional commitments of non-City financial and other material resources that are available to or attainable by the applicant and that will significantly support the project.