REQUEST FOR PROPOSALS (RFP)
AFFORDABLE HOUSING DEVELOPMENTS
RFP No. 11-0358
Issued: October 5, 2011
PROPOSAL SUBMISSION DEADLINE:
*******November 3, 2011 by 1:30PM Local Time *******
NO LATE PROPOSALS WILL BE ACCEPTED
RESPONSES SHALL BE DELIVERED TO: RESPONSES SHALL BE MAILED TO:
CITY OF FORT WORTH PURCHASING DIVISION CITY OF FORT WORTH PURCHASING DIVISION
LOWER LEVEL LOWER LEVEL
1000 THROCKMORTON STREET 1000 THROCKMORTON STREET
FORT WORTH, TEXAS 76102 FORT WORTH, TEXAS 76102
Pre-Proposal Conference will be held: NAME AND ADDRESS OF COMPANY
Applicants are required to attend one of the following
Pre-Proposal Conferences. Failure to attend will Company:
result in Proposal rejection:
Thursday, October 13, 2011, 10:00 am – 12:00 pm, in City: State: Zip:
the City Manager’s Conference Room, 1000
Throckmorton (3rd floor, Room 380), FW, TX 76102.
Thursday, October 20, 2011, 2:00 pm – 4:00 pm, in Contact Person:
the City Manager’s Conference Room, 1000 Phone: Fax:
Throckmorton (3rd floor, Room 380), FW, TX 76102.
FOR ADDITIONAL INFORMATION Printed Name:
REGARDING THIS RFP PLEASE CONTACT:
James Rodriguez, Contract Compliance Specialist
RETURN THIS COVER SHEET WITH RESPONSE
Contract Compliance Specialist
Financial Management Services Department
Acknowledgment of Addenda: #1 #2 #3 #4 #5
Request for Proposals
The City of Fort Worth would like to invite you to participate in our Request for Proposals (RFP)
to develop quality, accessible, affordable, single family and multifamily housing projects.
Projects that integrate into existing neighborhoods and result in the greatest benefit for the
community will be rated the highest.
1.0 SUBMISSION OF PROPOSALS
1.1 Two (2) originals plus two (2) CDs or two (2) flash drives of all Proposal response
documents shall be submitted in sealed packages. Proposer’s name and
address should be marked on the outside of the envelope. Facsimile transmittals
or offers communicated by telephone will not be accepted or considered.
Proposal information that is not submitted in sealed packages will not be
1.2 Mail or Deliver Responses to the Following Address:
City of Fort Worth
1000 Throckmorton Street, Lower Level
Fort Worth, Texas 76102
2.0 DELIVERY OF PROPOSALS
Proposals must be received in the City of Fort Worth’s Purchasing Division no later than
1:30 p.m., November 3, 2011. The submitting Proposer is responsible for the means of
delivering the proposals to the location listed in paragraph 1.2 on time. Delays due to
any instrumentality used to transmit the Proposals including delay occasioned by the
Proposer or the City of Fort Worth’s internal mailing system will be the responsibility of
the Proposer. Proposals must be completed and delivered in sufficient time to avoid
disqualification for lateness due to difficulties in delivery. The time and date stamp clock
in City of Fort Worth (City) Purchasing Division is the official clock for determining
whether submittals are submitted timely. Late Proposal documents will not be
accepted under any circumstances.
3.0 PROPRIETARY INFORMATION
3.1 If a Proposer does not desire proprietary information in the Proposal to be
disclosed, it is required to identify all proprietary information in the Proposal. This
identification will be done by individually marking each page with the words
"Proprietary Information" on which such proprietary information is found. If the
Proposer fails to identify proprietary information, it agrees that by submission of
its Proposal that those sections shall be deemed non-proprietary and made
available upon public request.
3.2 Proposer’s are advised that the City, to the extent permitted by law, will protect
the confidentiality of their Proposals. Proposer shall consider the implications of
the Texas Public Information Act, particularly after the RFP process is completed
and the Contract has been awarded. While there are provisions in the Texas
Public Information Act to protect proprietary information, where the Proposer can
RFP 11-0358, Request for Proposals for Affordable Housing Developments, Page 2 of 40
meet certain evidentiary standards, please be advised that a determination on
whether those standards have been met will not be decided by the City of Fort
Worth, but by the Office of the Attorney General of the State of Texas. In the
event a request for public information is made, the City will notify the Proposer,
who may then request an opinion from the Attorney General pursuant to 552.305,
Texas Government Code. The City will not make a request of the Attorney
4.0 COMPLETION OF RESPONSES
4.1 Information presented in the proposal responses will be used to evaluate the
professional qualifications of the Proposer(s) to develop quality, accessible,
4.2 Responses shall be completed in accordance with the requirements of this RFP.
Statements made by a Proposer shall be without ambiguity, and with adequate
elaboration, where necessary, for clear understanding.
4.3 Proposals shall be limited to this form plus any requested attachments. Any
information attached but not requested will not be considered.
5.0 CLARIFICATIONS AND ISSUANCE OF ADDENDA
5.1 Any explanation, clarification, or interpretation desired by a Proposer regarding
any part of this RFP must be requested from James Rodriguez, Contract
Compliance Specialist, at least nine (9) days prior to the published submission
deadline, as referenced in Section 2.0 of this RFP.
5.2 If the City, in its sole discretion, determines that a clarification is required, such
clarification shall be issued in writing. Interpretations, corrections or changes to
the RFP made in any other manner other than writing are not binding upon the
City, and Proposers shall not rely upon such interpretations, corrections or
changes. Oral explanations or instructions given before the award of the
Contract are not binding.
5.3 Requests for explanations or clarifications may be faxed to the City of Fort Worth
at (817) 392-8440 or emailed to email@example.com. Emails
and Faxes must clearly identify the RFP Number and Title.
5.4 Any interpretations, corrections or changes to this RFP will be made by
addendum. Sole issuing authority of addenda shall be vested in the City of Fort
Worth Purchasing Division. Proposers shall acknowledge receipt of all addenda
within the responses.
6.0 WITHDRAWAL OF PROPOSALS
A representative of the company may withdraw a Proposal at any time prior to the RFP
submission deadline, upon presentation of acceptable identification as a representative
of such company.
RFP 11-0358, Request for Proposals for Affordable Housing Developments, Page 3 of 40
7.0 AWARD OF CONTRACT
7.1 There are up to $2,000,000 in federal funds, Housing Trust Fund general funds
and Rental Rehabilitation funds under this Request for Proposals. However,
additional funds may be allocated at the City’s discretion. Funds may be
awarded in the form of a construction loan or a deferred payment loan. The loan
terms may vary at the City’s discretion. Federal funds are subject to and
conditioned upon receipt from the United States Department of Housing and
It is understood that the City reserves the right to accept or reject any and all
Proposals and to re-solicit for Proposals, as it shall deem to be in the best
interests of the City of Fort Worth. Receipt and consideration of any Proposals
shall under no circumstances obligate the City of Fort Worth to accept any
Proposals. If an award of contract is made, it shall be made to the responsible
Proposer whose Proposal is determined to be the best evaluated offer taking into
consideration the relative importance of the evaluation factors set forth in the
7.2 The City reserves the right to award a single contract or multiple contracts.
7.3 Tentative Schedule of Events:
RFP Release Date October 5, 2011
Pre-Proposal Conference October 13, 2011, 10:00 AM (Local Time)
City Manager’s Conference Room 380
Pre-Proposal Conference October 20, 2011, 2:00 PM (Local Time)
City Manager’s Conference Room 380
Deadline for Questions October 25, 2011, 5:00 PM (Local Time)
Proposals Due Date November 3, 2011, by 1:30 PM (Local Time)
Proposal Selection November 4, 2011 - November 8, 2011
Conditional Commitment Negotiations November 9, 2011 - November 29, 2011
City Council Approval December 13, 2011
8.0 PERIOD OF ACCEPTANCE
Proposer acknowledges that by submitting the Proposal, Proposer makes an offer that, if
accepted in whole or part by the City, constitutes a valid and binding contract as to any
and all items accepted in writing by the City.
RFP 11-0358, Request for Proposals for Affordable Housing Developments, Page 4 of 40
9.0 TAX EXEMPTION
The City of Fort Worth is exempt from Federal Excise and State Sale Tax; therefore, tax
must not be included in any contract that may be awarded from this RFP.
10.0 COST INCURRED IN RESPONDING
All costs directly or indirectly related to preparation of a response to the RFP or any oral
presentation required to supplement and/or clarify Proposals which may be required by
the City shall be the sole responsibility of and shall be borne by the participating
The City reserves the right to negotiate all elements that comprise the successful
Proposals to ensure that the best possible consideration be afforded to all concerned.
12.0 CONTRACT INCORPORATION
The conditional commitment and contract will supercede the terms of the RFP.
If a Proposal is accepted, the successful Proposer shall not issue any news releases or
other statements pertaining to the award or servicing of the agreement that state or
imply the City of Fort Worth’s endorsement of the successful Proposer’s services.
14.0 UNAUTHORIZED COMMUNICATIONS
After release of this solicitation, Respondent’s contact regarding this RFP with members
of the RFP evaluation, interview or selection panels, employees of the City or officials of
the City other than the Purchasing Manager, the Minority and Women Business
Enterprise (M/WBE) Office, or as otherwise indicated is prohibited and may result in
disqualification from this procurement process. No officer, employee, agent or
representative of the Respondent shall have any contact or discussion, verbal or written,
with any members of the City Council, members of the RFP evaluation, interview, or
selection panels, City staff or City’s Proposers, or directly or indirectly through others,
seek to influence any City Council member, City staff, or City’s consultants regarding
any matters pertaining to this solicitation, except as herein provided. If a representative
of any Respondent violates the foregoing prohibition by contacting any of the above
listed parties with whom contact is not authorized, such contact may result in the
Respondent being disqualified from the procurement process. Any oral communications
are considered unofficial and non-binding with regard to this RFP.
15.0 PROPOSAL EVALUATION PROCESS
15.1 The City's evaluation panel will review all responsive submittals and select the
best evaluated proposals for further interview.
RFP 11-0358, Request for Proposals for Affordable Housing Developments, Page 5 of 40
15.2 The evaluation panel will make funding recommendations to the Fort Worth City
16.0 PROPOSAL EVALUATION FACTORS (Please See Evaluation Factors, Section 21.0)
16.1 Project Location – 30 points available
16.2 Proof of Site Control – 5 points available
16.3 Projection Description & Design – 50 points available
16.4 Project Budgets – 15 points available
16.5 Experience/Capacity – 20 points available
16.6 Financial Capability – 10 points available
16.7 Community Support – 20 points available
17.0 GENERAL PROVISIONS
The successful Proposer may not assign its rights or duties under an award without the
prior written consent of the City of Fort Worth. Such consent shall not relieve the
assignor of liability in the event of default by its assignee.
17.1 ERRORS OR OMISSIONS
The Proposer will not be allowed to take advantage of any errors or omissions in
this RFP. Where errors or omissions appear in this RFP, the Proposer shall
promptly notify the City of Fort Worth Purchasing Division in writing of such error
or omission it discovers. Any significant errors, omissions or inconsistencies in
this RFP are to be reported no later than ten (10) days before time for the RFP
response is to be submitted.
17.2 INABILITY TO REACH TERMS
In the event the City and selected Proposers are unable to negotiate contract
terms, the City reserves the right to select an alternate Proposer.
17.3 TERMINATION, REMEDIES, AND CANCELLATION
Right to Assurance. Whenever the City has reason to question the successful
Proposer’s intent to perform, the City may demand that the successful
Proposer(s) give written assurance of successful Proposer's intent to perform. In
the event a demand is made, and no assurance is given within ten (10) calendar
days, the City may treat this failure as an anticipatory repudiation of the contract.
17.4 CONFLICT OF INTEREST
No public official shall have an interest Proposer’s company, or shall receive
benefit from the proposed project or development, in accordance with Vernon’s
RFP 11-0358, Request for Proposals for Affordable Housing Developments, Page 6 of 40
Texas Codes Annotated, Local Government Code Title 5, Subtitled C., Chapter
171. See Attachment A.
Successful Proposers will need insurance consistent with the City’s
17.6 CONTRACT CONSTRAINTS AND CONDITIONS
All services shall be provided in accordance with applicable requirements and
ordinances of the City of Fort Worth, the State of Texas, and applicable federal
18.0 SUBMISSION REQUIREMENTS
Use this application for each proposed project and only if you can meet the
1. Must have summary of project sources of funding, development budget, income,
expense & cash flow proforma. Attach to response to the RFP. If it is not
attached, your response will be rejected.
2. Responses must include a site plan and elevation or rendering of the proposed
construction. Proposals not including a site plan and rendering or elevation will
be rejected as incomplete.
3. Proposers may only use pages 10-20 of this document to submit responses.
Additional documents not specifically requested will not be considered. Please
label requested attachments using the following scheme:
Attachment A: Maps
Attachment B: Proof of Site Control
Attachment C: Site Plans, Elevations and/or Renderings
Attachment D: Income, Expense and Cash Flow Pro Forma
Attachment E: Resumes and Project Profiles
Attachment F: Financial Documents
Attachment G: Letters of Community Support
4. The City may request additional information while evaluating the RFP’s.
Proposers must respond within ten (10) days of the City’s request or the
Proposal will be rejected.
RFP 11-0358, Request for Proposals for Affordable Housing Developments, Page 7 of 40
19.0 GENERAL TERMS
1) After submitting this Proposal, parties may not spend, commit, or contract to
spend any money – either private or public funds – for site work, property
acquisition, demolition, rehabilitation of multifamily units, conversion,
construction/reconstruction prior to the completion of environmental review and
receipt of the Release of Funds from U.S. Department of Housing and Urban
Development (HUD). THE CITY WILL REQUIRE A CERTIFICATION THAT NO
FUNDS HAVE BEEN SPENT, COMMITTED OR CONTRACTED PRIOR TO
EXECUTING A CONTRACT WITH A SUCCESSFUL PROPOSOR. VIOLATION OF
THIS PROVISION WILL RESULT IN THE DENIAL OF FUNDS UNDER THIS
REQUEST FOR PROPOSAL. IF PROJECT IS CHOSEN FOR FUNDING, A NOTICE
TO PROCEED WILL BE SENT WHEN THE AUTHORIZATION TO USE GRANT
FUNDS HAS BEEN RECEIVED.
2) Notwithstanding the above, you may begin architectural and engineering services,
purchase options and certain pre-development activities only with prior written approval
from the City of Fort Worth. Undertaking these activities without prior approval will result
in the denial of funds under this Request for Proposal. Please note the amount of
funding needed for these activities on page 17 so that these funds may be cleared
3) This Request for Proposals follows a procedure established by the City; however,
because this request is exempt from Chapter 252 of the Texas Local Government Code,
the City reserves the right to negotiate a contract after receiving all proposals. The City
reserves the right to waive any and all irregularities and award a contract in the best
interest of the City.
Any submittals, including all attachments, including rejected submittals, are
public information and are subject to the Texas Open Records Act and Federal
Freedom of Information Act.
Responses submitted in anticipation of applying for Low Income Housing Tax
Credits will be accepted.
RFP 11-0358, Request for Proposals for Affordable Housing Developments, Page 8 of 40
20.0 AFFORDABLE HOUSING REQUEST FOR PROPOSALS
The City of Fort Worth is looking for sustainable accessible affordable housing
projects. Projects that integrate into existing neighborhoods and result in the
greatest benefit for the community will be rated the highest. For all projects, the
highest quality materials and design are required.
Application Process Contract Terms
Request for Proposal (RFP) application is In the event that a funding application is
required to request financial assistance from approved, terms of the contract will be
the City of Fort Worth. negotiated between the City of Fort Worth and
the successful proposer. The contract will
Applicants are required to attend one of the indicate the amount of funding approved by the
following Pre-Proposal Conferences. Failure City Council, as well as the terms and
to attend will result in Proposal rejection: conditions under which the funds may be
expended. All project funding will be
Thursday, October 13, 2011, 10:00 am – 12:00 disbursed on a reimbursable basis for
pm, in the City Manager’s Conference Room, eligible expenses only.
1000 Throckmorton (3 floor, Room 380), FW,
TX 76102. For projects that involve home ownership,
homebuyers must be income qualified through
Thursday, October 20, 2011, 2:00 pm – 4:00 the City of Fort Worth Housing Assistance
pm, in the City Manger’s Conference Room, Program (HAP) and will be required to utilize a
1000 Throckmorton (3 floor, Room 380), FW, minimum of $1,000 in City of Fort Worth
TX 76102. Housing Assistance Program (HAP) funds.
Completed Proposals are due back to the City
of Fort Worth, Purchasing Department, 1000
Throckmorton, FW, TX 76102 (lower level) no
later than November 3, 2011, 1:30p.m.
Each individual/organization is responsible for
obtaining the appropriate permits, certificates,
licenses and approvals which may be required
depending on the type of activity.
City may inspect project upon demand.
Review Process Reporting Requirements
All Proposals will be reviewed by the City of Each individual/organization is responsible for
Fort Worth Housing and Economic submitting monthly activity reports which
Development Staff and Approved by City of include a summary of activities undertaken and
Fort Worth City Council. expenditures
Environmental Review Process: November
2011 – March 2012 Each individual/organization is responsible for
M&C’s to City Council for approval: submitting an annual audit performed by an
December 13, 2011 Independent Public Accountant (IPA). A current
Conditional Commitments executed: audit for all entities will be required before a
December 2011 contract is executed.
*These timeframes are only guidelines and are
subject to change. Each individual/organization must report all
amounts of funding that financially supports the
RFP 11-0358, Request for Proposals for Affordable Housing Developments, Page 9 of 40
Total City Funds Requested:
Requested loan term (years):
*Please note that City funds will not wholly fund proposed projects.
General Entity Information
Name of Organization:
Name of Key Contact Person:
City, State, Zip:
Telephone: Primary Secondary
Ownership Structure and Relevant Partners – Provide a breakdown of how the project will be
owned (LLC, Partnership, Corporation) who the relevant partners are (if identified) such as
developer, general contractor, architect, lender, etc (response limited to 1000 characters).
RFP 11-0358, Request for Proposals for Affordable Housing Developments, Page 10 of 40
FORM B - Project Location
Located in “Targeted Development Area” (Map on next page)
Is there existing infrastructure?
Water Yes No
Sanitary Sewer Yes No
Storm Sewer Yes No
Streets Yes No
Is the project within three miles of a school? Yes No
If no, how far?
Is the project within three miles of a pharmacy? Yes No
If no, how far?
Is the project within three miles of a grocery store of at least 20,000 SF?
If no, how far?
Is the project within one-quarter of a mile of a bus stop?
If no, how far?
What is the current zoning on the property?
*Current zoning can be verified at http://maps.fortworthgov.org/Zoning/.
RFP 11-0358, Request for Proposals for Affordable Housing Developments, Page 11 of 40
FORM B (continued) - Please identify project location(s) on map below
RFP 11-0358, Request for Proposals for Affordable Housing Developments, Page 12 of 40
FORM C - Environmental Project Information
1. Vacant Land Yes No
(If no, please answer questions 2 & 3)
2. Building(s) are vacant: Yes No
Previous use of building?
3. Does this project involve the relocation of tenants? Yes No
If yes, number of tenants to be relocated
4. Is project located in a flood plain? Yes No
If yes, please detail below steps to remove property from flood plain
5. Is project located in a historic district? Yes No
6. Environmental Phase I completed? Yes No
7. Environmental Phase II completed? Yes No
8. Does the property or building or property contain lead? Yes No
9. Does the building contain asbestos? Yes No
10. Any environmental concerns? Yes No
If yes, please provide a detailed list (response limited to 750 characters)
RFP 11-0358, Request for Proposals for Affordable Housing Developments, Page 13 of 40
FORM D - Executive Summary: In space provided below, briefly describe the Proposed
Project. Please describe the neighborhood (within a mile), the type of project, unit numbers and
breakdown, support services, amenities, energy efficiency, accessibility, a brief description of
materials being used). Additional pages will not be considered (response limited to 4,500
RFP 11-0358, Request for Proposals for Affordable Housing Developments, Page 14 of 40
RFP 11-0358, Request for Proposals for Affordable Housing Developments, Page 15 of 40
FORM D (continued) - Anticipated Project Timeline
Activity Begin End
Plans and Specifications
Funding in Place
Lender Permanent Financing
Client Intake & Prequalification
Lease-up (if applicable)
Please describe other factors affecting project timing (response limited to 1500 characters):
RFP 11-0358, Request for Proposals for Affordable Housing Developments, Page 16 of 40
FORM E - Funding Request
Total Project Cost: $
Total City Funds Requested: $
* Please note that City funds will be disbursed on a reimbursement basis only.
Please note that City funds will only be provided in the form of a construction loan or a deferred payment
loan, however, deferred payment loans will be reserved for exceptional projects with unique financial
needs including but not limited to targeting households of less than or equal to 50% of Area Median
Income or for Permanent Supportive Housing. The City reserves the right to utilize deferred payment
loans at its sole discretion. Construction loans will be due and payable the sooner of conversion to
permanent financing or three years from the date of the promissory note.
Use of Funds Source of Funds
Predevelopment Cost CITY $ OTHER $ SOURCES OF TOTAL $
(1) FUNDS OTHER FUNDS FUNDS
(2) (Names) (1+2)
1. Market Study
2. Feasibility (ie: preliminary work
write-up, cost estimates, design)
3. Other _______________________
Total Predevelopment Cost (1+2=3)
4. Land and/or building acquisition
5. Site Preparation
6. Construction Cost
11. Architect & Engineering Fees
12. Construction Management Fee
13. Construction Loan Interest
14. Property Survey
15. Legal Fees
16. Real Estate Fees
17. Utility Hookup/Impact Fees
18. Title & Recording Fees
19. Developer Fee
20. Other _____________________
Total Development Cost (Total of
items 4 – 20)
Total Project Cost
Shaded cells indicate that the expense category is ineligible for HOME funding.
RFP 11-0358, Request for Proposals for Affordable Housing Developments, Page 17 of 40
FORM E (continued) - Operating Expenses
Operating Expenses Annual Cost
Management Administrative Payroll Costs
Accounting / Audit Fees
Advertising / Marketing
Other Administrative Expenses
Other Management Expenses
Operations and Maintenance Expenses
Operations and Maintenance Administrative Payroll Costs
Elevator (if any)
Other Mechanical Equipment
Routine Repairs and Supplies
Lawn and Landscaping
Resident Service Cost
Other Maintenance Costs
Operations and Maintenance Expenses
Utilities Paid by the Property
Natural Gas, Oil, Other Fuel
Sewer and Water
Other Utilities Paid by the Property
Taxes / Insurance / Reserves / Other Expenses
Real Estate Taxes
Other Taxes and Licenses
Reserve for Replacement
Other Operating Expense 1
Other Operating Expense 2
Other Operating Expense 3
Other Operating Expense 4
Operating Expense Increase per Year
RFP 11-0358, Request for Proposals for Affordable Housing Developments, Page 18 of 40
FORM F - Status of Other Funding Sources
Funding Source Amount $ Proposal Stage Application Approved
(1) (2) (3) (4)
1. Bank Loan
(name of Bank)
3. Other federal
6. Other (specify)
RFP 11-0358, Request for Proposals for Affordable Housing Developments, Page 19 of 40
FORM G - Income Targeting (See Exhibit A for Area Median Income (AMI) table)
SINGLE FAMILY PROJECTS
Housing Activity Total # of Units For households For For households Accessibility:
(All Funding w income 30% households w w income 60% - number of units
Sources) or less of AMI income 30% - 80% or less of for mobility
# of units 60% or less of AMI impaired and
AMI # of units sensory impaired
# of units households
Rehab – Owner
Rehab – Rental
Housing Activity Total # For For For Accessibility:
of Units households households households number of
(All w income w income w income units for
Funding 30% or less 30% - 60% 60% - 80% mobility
Sources) of AMI or less of or less of impaired and
# of units AMI AMI sensory
# of units # of units impaired
New Construction – Rental
RFP 11-0358, Request for Proposals for Affordable Housing Developments, Page 20 of 40
21.0 EVALUATION FACTORS
Potential projects and developers will be ranked for funding by the following criteria.
Additional factors may be considered to determine the greatest benefit to the community.
All responses should fill out Forms A-G pages 10-20 and submit Attachments A-G.
Proposals not containing completed Forms and providing all Attachments listed
will be rejected as incomplete.
21.1 Project Location 0-30 points (Form B Pages 11-12 and attach all maps as
Projects located in a “Targeted Development Area” (page 12) will receive higher
scores. All projects will receive points based on but not limited to proximity to
transit, schools, shopping, and existing infrastructure. Please include maps
showing proximity to these facilities.
21.2 Proof of Site Control 0-5 points (Attachment B):
Proof of site control can be an option to purchase, purchase and sale agreement,
fee title or some other proof that the developer has an exclusive right to the
21.3 Project Description and Design 0-50 points (Form D Page 14-16 and attach
site plan and elevations and/or renderings as Attachment C):
Projects must meet minimum HOME eligibility requirements (See regulatory
checklist – Exhibit B) and may receive higher scores based on consistency with
City of Fort Worth criteria:
permanent supportive housing units
single family infill housing, including rental and owner occupied, with
greater than 30 houses per project
units that are affordable to 60% or less of Area Median Income
projects containing mixed income units
accessibility to persons with limited mobility
Projects will be assigned points for demonstrating elements of the following:
Consistency with the surrounding neighborhood
Design elements consistent with sustainable development best practices
Higher than minimum levels of amenities or aesthetic features
21.4 Project Budgets 0-15 points (Forms E-F Pages 17-19 and attach income,
expense and cash flow proforma as Attachment D):
Budgets will be evaluated by the committee for accuracy and consistency within
accepted ratios for affordable housing development and requirements of funding
sources. Projects that maximize private leveraging will receive higher scores.
21.5 Experience/Capacity 0-20 points (Attach Resumes of Principals and Project
Profiles as Attachment E):
Provide a one page project profile, including plans and designs, of any affordable
housing projects that were previously funded, completed, and\or are currently in-
progress in the last five years highlighting success, timeliness of project, and the
ability to meet regulatory requirements.
RFP 11-0358, Request for Proposals for Affordable Housing Developments, Page 21 of 40
21.6 Financial Capability 0-10 points (Attach as Attachment F):
In order to evaluate financial capacity, please attach the two most recent IRS
form 990 and audits compiled by an independent licensed certified public
accountant. Credit reports and ability to demonstrate organizational reserve
funding will be awarded extra points. If awarded funds, Developers must obtain
payment and performance bonds for projects.
21.7 Community Support 0–20 points (Attach documents as Attachment G):
Projects will be assigned points for demonstrating support of leaders of nearby
neighborhood associations through a written letter of support. Written support
letters will only be accepted from neighborhood associations or community
based organizations registered with the city that are within 300 feet of the
proposed Project. The measurement of the distance between the proposed
project and Neighborhood Associations or Community Based Organizations shall
be along the property lines of the street fronts and from front door to front door,
and in direct line across the intersections.
Any information attached other than what is requested in this RFP document will
not be considered.
RFP 11-0358, Request for Proposals for Affordable Housing Developments, Page 22 of 40
22.0 OTHER REQUIREMENTS
22.0.1 All Projects must abide by City of Fort Worth M/WBE ordinance.
22.0.2 All Projects must conform to City of Fort Worth Zoning Ordinance and City of Fort
Worth Codes and Building Standards and have no outstanding violations.
22.0.3 A portion of the funding sources is HUD HOME Investment Partnership Program
funding. The following Federal Regulations apply. Please see Exhibit B HOME
regulatory attachment for specific information:
Title VI of Civil Rights Act of 1964 (42 USC 2000d et seq.)
Title VIII of Civil Rights Act of 1968 (42 USC 3601 et seq.)
Executive Orders 11063 and 11246, as amended by Executive Orders 11375
and 12086 and as supplemented by 41 CFR Part 60.
The Age Discrimination in Employment Act of 1967 (29 USC et seq).
The Age Discrimination Act of 1975 (42 USC 6101 et seq).
Section 504 of the Rehabilitation Act of 1973 (29 USC 794 et seq.) and 24 CFR
Part 8 where applicable.
National Environmental Policy Act of 1969, as amended, 42 USC 4321 et seq.
(“NEPA”) and the related authorities listed 24 CFR Part 58.
The Clean Air Act, as amended, (42 USC 7401 et seq.), the Clean Water Act of
1977, as amended (33 USC 1251 et seq.) and the related EPA regulations at 40
CFR Part 15, as amended from time to time, and Executive Order 11738. In no
event shall any amount of the assistance provided under this Contract be utilized
with respect to a facility that has given rise to a conviction under the Clean Air
Act or the Clean Water Act.
Immigration Reform and Control Act of 1986 (8 USC 1101 et seq.) specifically
including the provisions requiring employer verifications of legal status of its
The Americans with Disabilities Act of 1990, as amended, (42 USC 12101 et
seq.), the Architectural Barriers Act of 1968, as amended, (42 USC 4151 et seq.),
and the Uniform Federal Accessibility Standards, 24 CFR Part 40, Appendix A.
HOME Investment Partnerships Act at Title II of the Cranston Gonzales National
Affordable Housing Act of 1990, as amended, 42 U.S.C. 12701 et seq. (“NAHA”).
Drug Free Workplace Act of 1988 (41 USC 701 et seq.) and 24 CFR part 23,
Davis-Bacon and related Acts. The Wage and Hour Division of the U.S.
Department of Labor determines prevailing wage rates to be paid on federally
funded or assisted construction projects may apply.
Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, as Amended may apply.
Regulations at 24 CFR Part 87 related to lobbying, including the requirement that
certifications and disclosures be obtained from all covered persons.
RFP 11-0358, Request for Proposals for Affordable Housing Developments, Page 23 of 40
Executive Order 12549 and 24 CFR Part 5.105 (c) pertaining to restrictions on
participation by ineligible, debarred or suspended persons or entities.
Regulations at 24 CFR Part 882.708 (c) pertaining to site and neighborhood
standards for new construction projects.
22.0.4 Uniform Relocation Act (URA)
1. If you believe that your project will trigger URA, City of Fort Worth will
require that respondents to the RFP submit a copy of the General
Information Notices and Notices to Seller for the project prior to its being
2. Any activity that is part of a Project that triggers URA will have to meet
URA standards and guidelines.
22.0.5 Davis Bacon
Davis-Bacon applies to projects of 12 or more HOME assisted units.
22.0.6 Site and Neighborhood Standards
Site and Neighborhood Standards applies for any new construction project of five
or more units.
22.0.7 Environmental Review
1. After submitting this Proposal, parties may not spend, commit, or contract
to spend any money – either private or public funds – for site work,
property acquisition, demolition, rehabilitation of multifamily units,
conversion, construction/reconstruction prior to the completion of
environmental review and receipt of the Release of Funds from U.S.
Department of Housing and Urban Development (HUD). VIOLATION OF
THIS PROVISION WILL RESULT IN THE DENIAL OF FUNDS UNDER
THIS REQUEST FOR PROPOSAL. IF PROJECT IS CHOSEN FOR
FUNDING, A NOTICE TO PROCEED WILL BE SENT WHEN THE
AUTHORIZATION TO USE GRANT FUNDS HAS BEEN RECEIVED.
2. There are certain activities that are allowed during the Environmental
Review period such as putting a “Purchase Option” on a property.
RFP 11-0358, Request for Proposals for Affordable Housing Developments, Page 24 of 40
23.0 DISCLOSURES AND DECLARATIONS
Are any of the Board members or employees of the sponsor or affiliate, which will be
carrying out this project, or members of their immediate families, or their business
1. Employees of the City of Fort Worth?
If yes, please provide name and explain
2. Members of the Fort Worth City Council or the Fort Worth Community
If yes, please provide name and explain
3. Is the applicant, its affiliates, subsidiaries, or any related organizations,
delinquent in payment of any federal, state, or local personal or property taxes?
5. Does the applicant, its affiliates, subsidiaries, or any related organizations,
have federal, state or local audit findings that are unresolved?
6. Does the applicant, its affiliates, subsidiaries, or any related organization, have
any outstanding liens or judgments?
7. ONCE THE PROPOSAL IS SUBMITTED FOR HOME OR OTHER FEDERAL
FUNDING, PROPOSERS MAY NOT SPEND, COMMIT, OR CONTRACT TO
SPEND ANY MONEY – EITHER PRIVATE OR PUBLIC FUNDS – FOR SITE
WORK, PROPERTY ACQUISITION, DEMOLITION, REHABILITATION OF
MULTIFAMILY UNITS, CONVERSION, CONSTRUCTION/RECONSTRUCTION
OR ANY OTHER SITE IMPROVEMENTS INCLUDING SITE CLEARANCE
PRIOR TO THE COMPLETION OF ENVIRONMENTAL REVIEW. THE A
UTHORIZATION TO USE GRANT FUNDS MUST BE RECEIVED FROM THE
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) IN
ORDER FOR THE PROJECT TO BEGIN.
IF FOR ANY REASON, THE ABOVE STIPULATIONS ARE NOT MET, YOUR
ACTIONS COULD HAVE AN ADVERSE ENVIRONMENTAL IMPACT OR
LIMIT THE CHOICE OF REASONABLE ALTERNATIVES, WHICH WOULD
DISQUALIFY THE ENTIRE DEVELOPMENT PROJECT. VIOLATION OF THIS
PROVISION WILL RESULT IN THE DENIAL OF FUNDS UNDER THE CITY OF
FORT WORTH’S REQUEST FOR PROPOSAL.
IF THE PROJECT IS CHOSEN FOR FUNDING, A NOTICE TO PROCEED
WILL BE SENT WHEN THE AUTHORIZATION TO USE GRANT FUNDS HAS
RFP 11-0358, Request for Proposals for Affordable Housing Developments, Page 25 of 40
I hereby certify that the information contained in this Proposal and its attachments fairly
represents the above-named applicant’s plans and budget for the project requested for funding.
I understand that any misrepresentation shall constitute grounds for rejection of an application
or the termination of funding at the discretion of the City of Fort Worth. I agree to provide any
additional information for determining eligibility as requested by the City. I acknowledge that I
have read and understand the requirements of this Request for Proposal. I certify that I am
authorized to sign this Proposal.
Warning: If you knowingly make a false statement on this form, you may be subject to civil or
criminal penalties under Section 1001 Title 18 of the United States Code. In addition, any
person who knowingly and materially violates any required disclosures of information, including
failure of disclosure, is subject to civil money penalty not to exceed $10,000 for each violation. I
certify this information is true and complete.
Name Title Date
RFP 11-0358, Request for Proposals for Affordable Housing Developments, Page 26 of 40
HUD Area Median Income Table
RFP 11-0358, Request for Proposals for Affordable Housing Developments, Page 27 of 40
2011 ADJUSTED HOME INCOME LIMITS
FORT WORTH-ARLINGTON, TX HUD METRO FMR AREA
1 2 3 4 5 6 7 8
30% LIMITS $14,350 $16,400 $18,450 $20,500 $22,150 $23,800 $25,450 $27,100
50% LIMITS $23,950 $27,350 $30,750 $34,150 $36,900 $39,650 $42,350 $45,100
60% LIMITS $28,740 $32,820 $36,900 $40,980 $44,280 $47,580 $50,820 $54,120
80% LIMITS $38,300 $43,750 $49,200 $54,650 $59,050 $63,400 $67,800 $72,150
RFP 11-0358, Request for Proposals for Affordable Housing Developments, Page 28 of 40
HOME Regulatory Checklist
RFP 11-0358, Request for Proposals for Affordable Housing Developments, Page 29 of 40
Date: October 5, 2011
Regulatory Issue Citation Applicable? Applicable? Comments / Effect on Project Sponsor
All HOME-funded housing units must be affordable to households with
Income Eligibility of incomes at or below 80% of Area Median Income. Housing is generally
Housing Beneficiaries / 92.203 considered "affordable" if the gross monthly housing payment, including
Affordability all utilities, taxes, insurance, etc., is less than 30% of household monthly
For HOME-funded Projects with multiple funding sources, a financial
Always analysis called a "layering analysis" must be conducted to document that
Layering Analysis 92.250(b)
Applicable the amount of HOME funds invested is needed to make the units
affordable, and not an "over subsidy."
Homeowners and homebuyers assisted with HOME funds must occupy
the property as their principal residence for a period of affordability from 5
Applicable to All to 15 years, based on the amount of assistance provided. This is
92.254(4) Homeownership enforced through recapture or resale restrictions filed against the
Projects property; generally if the home is sold during the period of affordability, a
prorated portion of the original assistance amount is recaptured by the
HOME-assisted rental housing units must remain affordable for a 5 to 20
year period, depending upon the per-unit subsidy amount: 5 years for
per-unit subsidies under $15,000, and 20 years for newly constructed or
Affordability Period: Rental Applicable to All
92.252(e) acquired units. Rent limits and other regulatory restrictions remain in
Housing Rental Projects
force regardless of transfer of ownership, and are secured by legal
instrument. Documentation must be maintained to demonstrate that all
HOME-assisted units serve Low & Moderate Income families during the
Acquisition, construction, site preparation and improvements, demolition;
refinancing costs; Soft costs such as architectural and engineering
Always services, attorney's fees, appraisals, audits, affirmative marketing and fair
Eligible Project Costs 92.206
Applicable housing services, initial lease-up period reserves (subject to restrictions);
relocation costs, and other costs directly related to carrying out an
affordable housing project, etc.
HUD regulations advise that HOME funds be invested in "modest"
housing for which the maximum sale price for single family units is no
greater than 95% of the median purchase price for the area. HUD also
establishes maximum per-unit subsidy amounts, which are adjusted
annually based on market conditions. Local grantees must use a
"subsidy layering analysis" to ensure that only the amount of HOME
Regulatory Limitations on funds needed to ensure affordability, is invested in any project,
Per Unit Subsidy Amount / regardless of the authorized maximum per unit subsidy amount. Also,
Maximum Sale Price monthly housing payments must be affordable to HOME-assisted buyers
or tenants, regardless of the level of authorized sale prices or maximum
subsidy amounts. The current 95% of median amount is published by
HUD at www.hud.gov/offices/cpd/affordablehousing/library/homefires; the
current maximum per unit subsidy is 100,742 for a 0-BR. Regardless of
HUD-authorized levels, each project-specific per-unit subsidy amount will
be determined by contract negotiation with the City.
New Construction of Multi- New construction of multi-family units must not increase minority
Family Housing - Site & concentration in areas of current minority concentration, and sites must
Neighborhood Standards be approved by the local HUD field office
The City is required to provided 12.5% matching funds from non-federal
HOME Matching Funds sources, for each HOME dollar expended; Project Partners are generally
Requirement expected to provide some portion of this Matching requirement. Owner
equity is not HOME-eligible match.
As 90% of all HOME-assisted rental units during each fiscal year must be
Rental Housing - Income occupied by households with incomes of 60% of median or less, City will
Targeting take this requirement into consideration when negotiating agreements
with rental housing project developers.
Rental Housing - Lease Leases for HOME-assisted rental housing must be for at least one year,
Requirements & Tenant 92.253 and must ensure basic tenant's rights and protections. There must be a
Protections written tenant selection policy.
During the period of affordability, City must make on-site visits at rental
Rental Housing - Onsite housing to ensure ongoing compliance with property standards and to
Monitoring & Inspections verify income eligibility of tenants; the frequency of visits is determined by
the number of HOME-assisted units in a project.
RFP 11-0358, Request for Proposals for Affordable Housing Developments, Page 35 of 40
Rental and homebuyer projects containing 5 or more HOME-assisted
Multi-Unit Projects -
units must implement affirmative marketing steps to access for all eligible
Affirmative Marketing 92.351
persons without regard to race, color, national origin, sex, religion,
familial status, or disability.
Always Housing assisted with HOME funds must meet all applicable local
Property Standards 92.251
Applicable housing quality standards and building codes.
For a new construction projects, and substantial rehabilitation projects
with 15 or more units, Section 504 requires 5% of the dwelling units, or at
Accessibility for the least one unit, whichever is greater, to be accessible for persons with
Disabled - Section 504 of 92.251 mobility disabilities. An additional 2% of the dwelling units, or at least one
Rehabilitation Act of 1973 unit, whichever is greater, must be accessible for persons with hearing or
visual disabilities. Additional provisions may apply depending on the
nature and unit composition of the project.
HOME regulations set time limits on commitment and timely expenditure
Time of Performance 92.500(d)1 of funds, therefore City HOME contracts must establish time limits for
expenditure of funds and accomplishment of outcomes.
Compensation and Method Always Grantees generally disburse on a reimbursement basis only; Funds may
24 CFR 92.505
of Payment Applicable be provided only as needed.
HOME regulations require separate documentation of any revenue
earned from use of HOME grant funds; this income must be used for
HOME-eligible activities. City contracts may require return of these
Program Income 92.503
funds, or restricted use of these funds to designated activities. Special
provisions may apply to program income earned by Community Housing
Development Organizations (CHDOs).
All records of HUD-grant-funded activities must be maintained for a
minimum of five years, and are subject to review by City and HUD
Record-Keeping and Always
92.508; 92.509 officials at any time. HOME regulations require annual reports on
Reporting Requirements Applicable
outcomes of all grant-funded activities; City contracts may require
detailed regular reporting to fulfill this requirement.
Programs funded with City HOME funds are subject to both State of
Public Access to Program Always
92.508 Texas and federal Freedom of Information Act requirements; members of
the public may request any HOME-related documents.
RFP 11-0358, Request for Proposals for Affordable Housing Developments, Page 36 of 40
Property (including real property) that is purchased with HOME funds
must be used for HOME-eligible purposes. The grantee will use legal
means of enforcement, including filing of notes and deeds of trust, to
Reversion of Assets / Real 92.503(2)(vii) ensure that properties purchased with HOME funds are used for HOME-
Property and (ix) eligible purposes. If the use of the property changes to an ineligible use
during the period of affordability, the city may require that the value of
that property be repaid to the City or that the property be returned to the
Acquisition of real property with HOME funds is governed by regulations
of the Uniform Relocation Act (URA). Purchasers must notify prospective
sellers as soon as they decide to seek federal grant funding for their
project, in a proscribed notice format, of their intent to provide just
Real Property Acquisition: compensation and whether or not they have the authority to exercise
Occupied or Un-Occupied 92.353 eminent domain. Appraisals are generally required. Templates for
Structures the required notice are available from the City. Regardless of
whether tenant displacement will occur, tenants must also receive City-
approved notification letters, also at the time of application for federal
grant funding, and at subsequent stages during the development
Recipients of HOME funding must have acceptable financial
Always management systems and internal controls; Program or project budgets
Financial Management 92.505
Applicable must include only eligible cost items that are appropriately allocated
(shared) between federal and non-federal funding sources.
Recipients that receive at least $500,000 in federal funds are required to
submit an A-133 Single Audit to the City within thirty (30) days of
92.506; OMB completion and no later than nine (9) months after the end of the fiscal
Circular A-133 year. Other recipients must submit financial statements, IRS 990 forms,
or copies of audits performed by independent certified public
No person involved in a HOME-funded transaction may obtain any
personal financial benefit. Persons involved are defined as "employees,
agents, consultants, officers, elected or appointed officials" of the City or
Conflict of Interest 92.356 of subrecipients or contractors receiving HOME funds, who make
decisions or are in a position to gain inside information regarding the
funds. HUD has frequently applied a standard of "perceived benefit" to
this requirement, in addition to actual financial benefit.
RFP 11-0358, Request for Proposals for Affordable Housing Developments, Page 37 of 40
Operating subsidies and reserve accounts (past 18 month lease-up
period); matching funds for other federal programs; assistance to public
Prohibited and Ineligible Always housing units; further investment in a previously assisted HOME project
Activities and Costs Applicable within its original affordability period; delinquent taxes, fees or charges;
any cost not specifically authorized as an eligible project or administrative
HUD procurement rules apply to purchasing and contracting by
Administrative governmental and non-profit subrecipient entities, but do not generally
Requirements and 92.505; 24 apply to private owners and developers, whether for-profit or non-
Procurement Methods: CFR Parts 84 profit., except as negotiated by the grantee as appropriate to a particular
Governmental Entities and and 85 project or program. Governmental and subrecipient entities should have
Non-Profit Organizations written procurement policies, and for contracts over $100,000, should
obtain appropriate performance bonds.
HOME regulations specify the provisions that must be included in all
written agreements, including provisions for enforcement of the period(s)
Written Agreement / Budget of affordability and monitoring or inspections throughout the contract
/ Project Schedule / 92.504 period or period of affordability. Generally, such contracts include a
Milestones budget and project schedule that is sufficiently detailed to provide a
sound basis for the City to effectively monitor performance under the
Federal Labor Standards are triggered on HOME-funded projects which
include construction on 12 or more HOME-assisted housing units. Under
Federal Labor Standards: -
the Davis-Bacon Act, contractors and subcontractors are required to pay
Davis Bacon; -Copeland
a wage not less than the prevailing wage determinations established by
Act (Anti-kickback); and - 92.354
the Department of Labor. These required wages, and accompanying
Contract Work Hours and
reporting and monitoring requirements, in some cases increase the costs
of federally funded construction projects as compared to privately funded
Before a contract can be awarded to a general contractor or
subcontractor, HOME regulations require that recipients document (via
List of Debarred or Always
92.350(a) the Excluded Parties List System) that debarred or suspended
Suspended Contractors Applicable
contractors or subcontractors do not receive federal funds.
RFP 11-0358, Request for Proposals for Affordable Housing Developments, Page 38 of 40
HUD regulations require that projects using HOME funds be reviewed to
verify that no negative environmental impact occurs, including potential
impacts to neighborhood historic preservation, flood or drainage, traffic
HUD Environmental Review 92.352; 24 Always patterns, existing wildlife or vegetation, or proximity to hazards, etc. For
Requirements CFR 58 Applicable large projects, this review requires a 30-day public comment period and
HUD approval (a total of 45 to 60 days should generally be allowed.) For
projects using combined private and HOME funds, no private funds
may be expended prior to receipt of HUD clearance of the project.
HUD Environmental 92.352; 24 Properties in a flood plain may be deemed infeasible, or may be subject
Review: Flood Plain CFR 58 to further lengthy review and drainage mitigation processes.
The environmental review includes assessment of noise from area roads,
HUD Environmental 92.352; 24
railways, etc. Depending on threshold decibel levels, construction
Review: Noise Mitigation CFR 58
techniques may need to be modified to mitigate area noise levels.
HUD Environmental For properties with structures older than 45 years, the HUD required
Review: Historic environmental review includes an additional (minimum) 30 days' review
Preservation by the Texas Historic Commission.
Structures built prior to 1978 must be tested for the presence of lead-
Lead Based Paint:
based paint; all lead hazards must be mitigated or abated depending on
the extent of hazard and extent of per-unit rehabilitation investment.
When tenants or businesses may be displaced as a result of acquisition,
rehabilitation, demolition or conversion in a federally-funded project, the
developer must have, and implement, a City-approved relocation plan.
Uniform Relocation Act: Tenants or other displaced parties must be notified of the potential for
Displacement displacement at the time of application for federal funds. (Approved
format for this required notice is available from the City.) If actual
displacement occurs, relocation payments must be made to displaced
Uniform Relocation Act
If a project includes demolition of occupiable affordable housing units,
92.353 one-for-one replacement of comparable affordable units is required for
each unit demolished.
RFP 11-0358, Request for Proposals for Affordable Housing Developments, Page 39 of 40
Specially designated non-profit housing organizations called Community
Applicable to Housing Development Organizations (CHDOs) are eligible for particular
CHDO Certification 92.2 flexible provisions of the HOME regulations. CHDOs must be certified by
the granting entity as having adequate housing development capacity, a
history of service to the community, and one-third board membership
representing low or moderate income populations or neighborhoods.
CHDOs demonstrating adequate capacity and experience may receive
operating cost grants of up to $50,000 per year, and may be eligible for
CHDO Operating Costs & 92.208; Applicable to forgivable predevelopment loans to cover the costs of feasibility studies
Pre-Development Loans 92.300 (c) CHDOs Only in the affordable housing project planning stage. Such loans may only be
forgiven if the project proves infeasible and does not go forward due to
circumstances beyond the CHDO's control.
Eligible HOME Activities: Applicable to CHDOs must act as the owner, developer or sponsor of a HOME-funded
CHDOs CHDOs Only project.
CHDO housing developers may retain program income earned from
development activity, to develop further affordable housing units, if
Applicable to authorized by their City Contract. After the first program income (CHDO
CHDO Proceeds 92.300(a)(2) Proceeds) is re-invested and results in additional housing units and
further revenue, this "second-time-around" revenue loses its federal
identity and no longer carries with it many of the HOME regulatory
requirements that remain with HOME program income.
CHDO Rental Housing: Rental housing developed, owned and operated by a CHDO, must follow
Tenant Participation 92.303 a program of tenant participation in management decisions, and a
Requirement grantee-approved grievance procedure.
RFP 11-0358, Request for Proposals for Affordable Housing Developments, Page 40 of 40