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Item 11 - Developer Selection Process for RDA Affordable Capital Program .-..\GENDA REPORT SUMMARY - - ~#~_...~ r(): Honorable Chairman and Members of the Redevelopment Agency INn4 FROM: James L. Bowersox, Executive Dire~ INITIATED BY: John D. Fitch, Assistant Executive Director /:;j Warren H. Shafer, Director of Redevelopment Services~ Pamela R. Colby, Redevelopment Project Administrator~ DATE: July 11, 1995 SlJBJECT: Developer Selection Process for Redevelopment Agency Affordable Housing Capital Program ABSTRACT The Redevelopment Agency has acquired three sites for the development of affordable housing. Over the past several months, staff and David Rosen have been evaluating methods for developer selection. The Redevelopment and Housing Advisory Committee has evaluated these methods for selecting developers and is recommending the process outlined in Attachment C to this report. The recommended process would be open to all interested parties through a Request for Qualifications, followed by a more detailed Request for Proposal of pre-screened developers. The Committee would participate in this process through the appointment of subcommittees to serve on a developer selection team. Final developer approval would be made by the Redevelopment Agency Board. -- Authorization to proceed with developer selection for the Bowron Road and Brookview sites is being requested at this time. ENVIRONMENTAL REVIEW This item is not subject to CEQA review. FISCAL IMPACT There is no fiscal impact resulting from the recommended action. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE Copies of this report were forwarded to the members of the Redevelopment and Housing Advisory Committee. RECOMMENDATION It is recommended that the Redevelopment Agency approve the developer selection process outlined in Attachment C, authorize staff to initiate the developer selection process for the Bowron Road and Brookview sites, charge the Redevelopment and Housing Advisory Committee to participate in the process as noted in this report, and if deemed appropriate, appoint 1 to 2 Agency Board members to directly participate in the selection of the development team. _ ACTION I of 23 JUL 111995 ITEM 11 '''- - AGENDA REPOR.L CITY OF POW A Y TO: Honorable Chairman and Members of~edevelopment Agency FROM: James L. Bowersox, Executive Dire INITIATED BY: John D. Fitch, Assistant Executive Director ~ Warren H. Shafer, Director of Redevelopment Services' Pamela R. Colby, Redevelopment Project Administrator~ DATE: July 11, 1995 SUBJECT: Developer Selection Process for the Redevelopment Agency's Affordable Housing Capital Program BACKGROUND Since approval of the Comprehensive Affordable Housing Strategy in June 1993, the Redevelopment Agency has primarily focused its attention on site acquisition with respect to its affordable housing program. With the acquisition of three significant sites completed (Bowron, Brookview, Breihan), the focus has changed to evaluating the options for developing these sites. In anticipation of this activity, the Agency approved a contract with the consulting firm of David Paul Rosen & Associates (DRA) to provide technical assistance with this complex work. Since approval of this contract with DRA, City/Agency and DRA staff have been working with the Redevelopment and Housing Advisory Committee on devising an appropriate process for selecting qualified developers to participate in the development of Agency owned affordable housing sites. FINDINGS On February 13, 1995, ORA presented a report to the Redevelopment and Housing Advisory Committee, Developer Selection Criteria and Selection Process Options (Attachment A) which reviewed: the role of the developer, developer selection criteria, and process options for selecting a developer. This was the Committee's first introduction to the options for pursuing developer selection, and no formal decision was requested or made at that time. The Committee did concur, however, that the process should be competitive and open to all interested participants. On June 12, 1995, DRA presented its recommendation (Attachment B) for a specific process for developer selection which incorporated DRA's understanding of the Committee input from the February 13, 1995 meeting. This process is summarized on Attachment 1, "Steps in a Recommended Development Process," to Attachment B of this report. ACTION: 2 of 23 - _. - Agenda Report July 11, 1995 Page 3 As recommended, the process would begin with a Request for Qualifications (RFQ) being developed and made available to all interested parties to respond to. The RFQ would require developers outline their experience as it relates to a specific Agency site/project. An emphasis would be placed on developers' experience and track record with developing affordable housing (senior and/or family) and securing appropriate sources of financing to "leverage" the Agency's Housing Fund assistance. A team would be formed to select a developer, comprised of Agency/City staff, David Rosen, and 2 to 3 members of the Redevelopment and Housing Advisory Committee. This developer selection team would review the RFQ responses and invite 3 to 5 developers to participate in a Request for Proposal (RFP) process. The RFP would require much more detailed information specific to the project, and would involve an interview with the selection team. The recommendation of the developer selection team would then be forwarded to the Redevelopment Agency for approval. This process would be repeated for the selection of the architect/civil engineer and management entity with one notable exception. The Agency's agreement to develop the site would be with the developer, most likely in the form of a Disposition and Development Agreement. The architect, general contractor and management company, while selected jointly by the Agency and develaper, would actually be under contract with the developer. With regards to the selection of a general contract, David Rosen expressed his preference for the "negotiated bid" process, but explained that he had included the competitive bid process due to his understanding of the Committee's strong preference for this option. The negotiated bid involves the selection of a general contractor immediately following the selection of the developer. The developer and Agency would identify general contractor candidate(s), conduct due diligence /reference checks and interview(s). The developer and Agency would jointly select the general contractor and negotiate the development fee. There are a number of methods for structuring a negotiated bid contract. The developer may enter into a agreement with a general contractor to work on a flat fee or a cost plus basis. Mr. Rosen indicated that in his experience, the negotiated bid process more often results in lower construction costs than those experienced with competitive bids. Change orders can drive project costs considerably higher than those agreed to under the original bid. In addition, the competitive bid process necessitates that the architectural drawings are completed before selection of the general contractor. This removes the general contractor, and their experience with estimating and containin9 construction costs, from the design process. Further, the selection of the general contractor and employing the negotiated bid can help create a true development team, where the competitive bid process can result in efforts to assign blame between the architect and the general contractor if problems occur during construction. JUL 11 1995 ITEM 11 '. 3 of 23 Agenda Report July 11, 1995 Page 4 After considerable discussion and deliberation, the Committee unanimously approved the developer selection process which included the negotiated bid process for general contractor as outlined on Attachment C. In order to involve the community in the process, the architect would hold a community design workshop to allow all interested members of the public to provide input regarding project design. The developer and City/Agency staff would then work together to prepare the Specific Plan required pursuant to the AH Overlay Zone, and to structure project financing. Once the financing and Specific Plan are in place, the balance of the project would proceed much like a private development. Various permits and City approvals would be obtained and construction would be undertaken. A separate developer selection process is being recommended for each of the Agency sites/projects for a number of reasons. First, different types of housing (senior/family) require different expertise and experience. Second, the developer must demonstrate that they have the financial and staff capacity to undertake each project. This may preclude one developer from undertaking any more than one Agency project at anyone time. At this point in time, it would probably not be prudent for the Agency to commit to one developer for more than one project. In addition to evaluating the developer selection process, the Committee considered their role in this process. The Committee is recommending the establishment of several subcommittees that would participate directly in the selection process. It was felt that separate subcommittees should be established for the various selection decisions to be made (developer, architect, general contractor), allowing individual Committee members to participate in areas where they may have special interest or expertise. Mr. Rosen recommended that a maximum of 2-3 members of the Committee serve on each subcommittee to be formed. As recommended, the developer selection team would be comprised of Agency staff, the designated subcommittee, and Mr. Rosen. The Redevelopment Agency Board may participate in this process through the appointment of 1 or 2 members to the developer selection team. Alternatively, the Agency Board may consider the matter after the developer selection team has made its recommendations. Under either scenario, the recommendation for project developer would be taken to the full Redevelopment Agency for final approval. The timing and sequencing of the development of the Agency owned sites is driven by different issues. The timing of the development of the Brookview site is likely to be dependent upon the regulatory review process involving the creek and other environmental resources. Alternatively, the timing of the Bowron Road site development is likely to revolve around the applications process for the highly competitive "9%" tax credits. It is anticipated that the unique aspects of each site will result in the "phasing" of the actual JUL 11 m5 ITEM 11 . oj 4 of 23 - - -- Agenda Report July 11, 1995 Page 5 development process. This phasing will be necessary to ensure that the in- house project management capacity is adequate at all times. With the information currently available and the number of variables outside the Agency's control, it is not possible to know which project, the Brookview or the Bowron Road site, will be under construction and completed first. At this time, it is recommended that the Redevelopment Agency authorize staff to initiate the developer selection process, following the process outlined in Attachment C. The Agency is also being asked to charge the Redevelopment and Housing Advisory Committee with participating in this process through the appointment of subcommittees to participate in the selection of the development team members. If deemed appropriate, the Agency may elect to appoint Board members to serve on the developer selection team. Under either scenario, the developer selection team will bring their recommendation regarding developer selection to the full Redevelopment Agency Board for approval. ENVIRONMENTAL REVIEW This item is not subject to CEQA review. -- FISCAL IMPACT There is no fiscal impact resulting from the recommended action. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE Copies of this report were provided to the members of the Redevelopment and Housing Advisory Committee. RECOMMENDATION It is recommended that the Redevelopment Agency approve the developer selection process outlined in Attachment C, authorize staff to initiate the developer selection process for the Bowron Road and Brookview sites, charge the Redevelopment and Housing Advisory Committee to participate in the process as noted in this report, and if deemed appropriate, appoint 1 to 2 Agency Board members ta directly participate in the selection of the development team. Attachment: "A" - "Developer Selection Criteria and Selection Process Options" by David Paul Rosen & Associates. "B" - Memo fr~m David Paul Rosen & Associates dated June 6, 1995. "C" - Revised Developer Selection Process Recommended by the Redevelopment and Housing Advisory Committee. -- C:\HOUSIHG\71195.RPT JUL 11 1995 ITEM 11 '. 5 of 23 ATTACHMENT A " -c~ '-' D A V I D P AU L R 0 S E N & ASS 0 C I ATE S HOUSING, COMMUNITY ECONOMIC DEVELOPMEN,. 3941 HENDRIX STREET IRVINE. CALIFORNIA 92~1':.6537 TEL 714/559.5650 FAX: 714/559-5706 DEVELOPER SELECTION CRITERIA AND SELECTION PROCESS OPTIONS POW A Y REDEVELOPMENT AGENCY February 13, 1995 Prepared For: Poway Redevelopment Agency 13325 Civic Center Dr. Poway, California 92064 Prepared By: David Paul Rosen & Associates 1330 Broadway, Suite 1035 3941 Hendrix St. Oakland, California 94612 Irvine, California 92714 (510) 451-2552 Tel (714) 559-5650 Tel (510) 451-2554 Fax (714) 559-5706 Fax JUL 11 1995 ITEM 11 . 6 of 23 - , - ""<'..- DAVID PAUL ROSEN & ASSOCIATES . TABLE OF CONTENTS ~ INTRODUCTION..................................................................................................................1 A. AGENCY ROLE ..........................................................................................................1 B. DEVELOPER ROLE(S) ................................................................................................2 1. Develorer .......................................................................................................2 2. Genera Contractor ........................................................................................2 3. Property Management ...................................................................................3 ... . C. DEVELOPER SELECTION CRITERIA........................................................................5 1. Track Record ..................................................................................................5 2. Capacity..........................................................................................................5 3. References.......................................................................................................6 4. Expense ...........................................................................................................6 5. Willingness to Abide by City Priorities.........................................................7 6. Construction Management Services.............................................................7 7. Comfort Level.................................................................... ..............................7 D. DEVELOPER SELECTION PROCESS OPTIONS.....................................................8 1. Sole Source Candidate...................................................................................8 2. Request for Qualifications, Pre-Screened Candidates................................8 3. Two-Stage RFQ/RFP Process ........................................................................8 4. Desigrv'Build Competition.............................................................................9 5. Provision for Potential Transfer of Managemern/Ownership to a Future City-Sponsored Nonprofit.........................................................9 . E. CONSULTANT RECOMMENDATION AND TIMELlNE..................................11 JUL 11 1995 ITEM 11 , 7 of 23 - . ~- . DAVID PAUL ROSEN & ASSOCIATES '- LIST OF TABLES ~ l. Alternative Developer Roles .........................................................................4 2. Developer Selection Process Options ...................................................... 1 0 3. Estimated Timeline for Two-Stage Developer RFQ/RFP Selection Process......................................................................................... 1 2 JUL 11 tI95 ITEM 11 , 8 of 23 - , - -... DAVID PAUL ROSEN & ASSOCIATES INTRODUCTION The purpose of this report is to describe and evaluate selection criteria and process options for selecting developers for affordable housing sites in the City of poway. We begin our discussion with the roles of the Poway Redevelopment Agency and the developer, including the potential for the developer also to serve as general contractor and/or property manager. Next, we outline recommended criteria for developer selection. Finally, we outline several process options for selecting an affordable housing developer, and present our recommendation and suggested timeline for affordable housing developer selection. A. AGENCY ROLE The Powd; Redevelopment Agency's role in the affordable housing development process will inclu e the following activities: . determine development program including number of units, income targeting, tenure (renter or owner), bedroom count and distribution, term of affordability, general product type, and amenities; . select developer and/or assemble development team; . serve as lender and/or funder; . underwrite development (evaluating the reasonableness of projected rental income, vacancy rates, construction costs, operating costs, debt coverage ratios, financing terms and other factors to determine financial feasibility); . . ensure maximum costlbenefjt leverage of the Agency's investment; . assist the developer in securing project financing; . assist and facilitate the project permitting and approval process; . monitor the Agenf7c's investment in the project, and ensure ongoing compliance with a ordability restrictions and quality maintenance of the project. The Agency may assemble or assist in assembling the development team, including the developer, architect and general contractor. To achieve maximum "buy in" on the part of the developer, we recommend that the Agency select the developer first and then the developer and the Agency jointly select the architect, general contractor and other development partners (or the developer does so with Agency approval). Developer Selection Criteria and Selection Process Options February 13, 1995 Page 1 JUL 11 1995 ITEM 11 , 9 of 23 . ~ - DAVID PAUL ROSEN & ASSOCIATES B. DEVELOPER ROLE(S) The role of the developer in the affordable housing develohment process is outlined below. In addition, we have discussed the additional roles if t e developer also serves as general contractor and/or property manager. Table 1 summarizes alternative developer roles. 1. Developer The primary roles of the developer include the following: . assembling the development team (architect, engineer, general contractor, property manager, construction manager, project attorney, lenders, . investors); . obtaining City and other regulatory approvals in conjunction with the project architect; . securing financing and providing construction loan guarantees as required; . selecting the general contractor; . serving as the owner's representative in construction management and oversight of the general contractor and architect. For these activities, the developer is compensated through the developer fee and/or icarticipation in cash flow and sales proceeds from the project. Some developers require a ong-term ownership interest in the project, possibly in joint venture with a second general partner. Other developers may be willing to transfer ownership (e.g. to a local nonprofit) once the project is stabilized and such transfer is approved by lenders/investors. Still others work under contract on a fee basis where they have no ownership interest. Affordable housin~ funding and financing sources will require at least a short-term ownership interest y an experienced affordable housing developer. .2. General Contractor In some cases, the developer may also serve as the general contractor for the project. The general contractor is responsible for construction of the project, including: . providing completion guarantees through a bond, letter of credit, escrow deposit or personal guarantee; . evaluating subcontractor bids, hiring and supervising subcontractors; . ensuring the project is built per plans and specifications; Developer Selection Criteria and Selection Process Options February 13, 1995 Page 2 JUL 11 1995 ITEM 11 . 10 of 23 - ~ - DAVID PAUL ROSEN & ASSOCIATES - . . completing construction within the time frame and budget specified in the construction contract; . managing inspections during construction by lenders, the City/Agency, and the construction manager; . maintaining all construction financial records and preparing draw requests. The general contractor is compensated through the payment of contractor profit and overhead, as well as the "general requirements" budget line which typically reimburses certain staffing costs and direct expenses related both to actual construction costs. 3. Property Management Some development firms also have in-house property management divisions. In these instances, the developer may view the development process as serving the added function of creating new properties to be managed. The primary advantage of a developer/ property manager is that the developer has the incentive and experience to develop the project with long-term property management and maintenance in mind. However, the number of developers, particularly nonprofit developers, with the capacity to both develop and manage a property in Poway needs to be carefully evaluated. . -- Developer Selection Criteria and Selection Process Options .,e 3 February 13, 1995 JUL 11 1995 ITE 11 , 11 of 23 Table 1 AL TERNA TIVE DEVELOPER ROLES . Developer Role Advanta2es Disadvanta2es 1. Development on a Fee · May be preferable if · Developer has less long Basis landowner wants to term interest in project maintain ownership and quality and control of project. maintenance. · Affordable housing lenderslfunding sources will require ownership by experienced developer. 2. Long-Term Ownership · Developer has long-term · Less local control than Interest interest in project quality ownership by a local and maintenance. entity. . 3. Future Transfer of . May increase · Capable ownership Ownership to Another capacity/assets of local entity may not be Entity nonprofit entity. available. 4. Developer Serves as · Saves time and effort in · Eliminates "creative General Contractor selecting separate tension" among general contractor. developer, contractor and architect. · Greater potential for local joint-venture · May be less incentive for partner to share in cost control, depending contractor overhead and on the structure of profit. construction contract. 5. Developer Serves as · Developer has ongoing · May be difficult to find a Property Manager interest in property developer/property management and manager with capacity to . maintenance and will be manage properties in more concerned about Poway. developing a project that is efficient to maintain. 4 JlJL 11 1995 "EM 11 . 12 of 23 - -~ - DAVID PAUL ROSEN & ASSOCIATES C. DEVELOPER SELECTION CRITERIA Developer selection should be based on the following criteria: 1. Track Record . The developer should have a demonstrated track record in affordable rental housing development and experience with the financing sources proposed. The review of the developer's track should include the number of projects completed, size of projects completed (number of units), type of product/construction, and financing sources used. Prior experience with proposed fundin~ sources is one of the criteria considered in the allocation process for many non-local undin~ sources (i.e. tax credits, HUD 202). The developer's track record and experience shou d be compared with and matched as closely as possible to the characteristics of the project to be developed. If the developer is being considered also as general contractor for the project, the A~ency should review the candidate's track record as a general contractor, including qua ity of construction, cost on a Jer square foot basis for comparable product type, ability to stay on time and budget, an whether they have worked as owner/contractor before. Capable developers are not always capable general contractors. Qualifications for the two functions should be evaluated separately. If the developer candidate is being considered also to manage the property, the Agen~ should review the quality and expense of property management services provided, as we I as experience with affordability restrictions, marketing, fair housing, lease-up, resident associations and reporting requirements associated with proposed financing source(s) Capable developers are not always capable property managers. Qualifications for the two functions should be evaluated separately. 2. Capacity The developer should have both the financial and staff capacity to develop the project. Financial capacity refers to the amount of developer's net worth and the developer's ability to use this net worth to provide personal construction financing guarantees for the project. This means the developer must have sufficient net worth that is not otherwise committed for the two to three year period, or longer, that the developer will need to remain available to provide financial guarantees. The developer's pipeline of projects should also be evaluated to determine the near-term availability of net worth. Developer Selection Criteria and Selection Process Options Februpry 13, 1995 Page 5 13 of 23 JUL 11 1995 ITEII 11 . ..... ' .~...,; - DAVID PAUL ROSEN & ASSOCIATES If the project is financed with Low Income Housing Tax Credits, the developer must meet a net worth requirement equal to 10% of equity raised. If the developer does not stay as general partner or the long term, a replacement sponsor must be found that meets the 10% net worth lest. Alternatively, the Agency could provide a letter of credit to satisfy the net worth requirement, although we would consider this a less desirable option. The developer's capacity to adequatelh staff the project also should be evaluated, including the number of projects on whic the developer is currently working, the percent of the principal(s)' time that will be spent on the project, and the experience and availability of other staff to assist during development. 3. References . The developer should provide references corroborating track record, capacity and character. The Agency should closely review the developers' references through personal and/or telephone interviews. The reference list should include previous project owners and general partners, City plannineuilding staff and Redevelopment Agency staff in locations where the developer has wor ed, subcontractors, architects, attorneys and bank/financial references. Reference checks provide invaluable information on past performance, reflecting the developer's ability to perform on-budget, on-time and to complete a quality project without liens or judgements. References may also provide information on the developer's character, integrity and ability to be a "team" player and resolve disputes efficiently and expeditiously. Agency staff may want to visit prior projects to get a first- hand view of development quality and how well the projects have aged. 4. Expense The developer should demonstrate ability to provide a quality project at a reasonable cost. The developer candidates should be asked to provide actual cost data on recently completed comparable projects. In addition, the Afency can ask for preliminary estimates of hard costs per square foot, based on a genera description of the project's size and construction type, soft costs, and the percentage basis and dollar cah, if any, for the developer fee. Proposed cost-containment measures should also be eva uated. If the developer md' also serve as the general contractor, pr10sed costs for contractor overhead, profit an general requirements should be evaluate as well. If the developer may also serve as property manager, current management fees should be reviewed in comparison with industry standards. Developer Selection Criteria and Selection Process Options February 13, 1995 Page 6 JUL 11 1995 ITEM 11 , 14 of 23 - ~. .-. DAVID PAUL ROSEN & ASSOCIATES 5. Willingness to Abide by City Priorities The developer should be willing to agree to City and Agency requirements and priorities. These include willingness to comply with local design standards, management structures ensuring long-term quality maintenance of the project and affordability restrictions which go beyond the requirements of the funding sources used (e.g. permanent affordability). Other examples of hotential local priorities include the the developer's willingness to transfer the owners ip and/or management of the development to another entity in the future. 6. Construction Management Services The developer should be willing to accept responsibility for delivering the product on time and on budget. The Agency and developer should discuss the type of construction and cost control management processes to be used. "Value engineering" during construction can identify areas where costs can be saved while maintaining project quality. Some developers have - adequate in-house construction management and value e1ineering capacity. In other cases, the 1ency may require the developer to hire a thir party construction manager responsible or value engineering and ensuring that the contractor builds the projects per plans and specifications. The Agency should explore incentives for cost savings and penalties for time overruns, while providng for the quality and long-term maintenance of project . 7. Comfort Level The Agency should feel comfortable with the developer. Since the Agency will be working closely with the developer for several years, the client's level of comfort and trust in the developer is important. This comfort level is best determined through personal interviews and reference checks. . - Developer Selection Criteria and Selection Process Options February 13, 1995 Page 7 15 of 23 JUL 11 1195 ITEM 11 I - ---------------...-- ~ . . .- DAVID PAUL ROSEN & ASSOCIATES D. DEVELOPER SELECTION PROCESS OPTIONS Below we describe several optional processes for selecting a developer for affordable housing sites in Poway. The primary advantages and disadvantages of these options are summarized in Table 2. 1. Sole Source Candidate The first process option involves identifying a single experienced developer and conducting due diligence to evaluate their track record, capacity and references. The prime advantage of this method is that it is quick, efficient and requires less Agency time and expense than other options. A potential disadvantage is that the Agency md; wonder whether it is getting the best possible candidate and deal. In addition, if eveloper candidates know they are in competition with others, they may be more responsive to cost. However, these disadvantages may be mitigated by consultant review of the developer's qualifications and cost proposal in comparison with industry standards. 2. Request for Qualifications, Pre-Screened Experienced Developers In the second option, Agency staff pre-screen a list of potential developer candidates and select five or six highly qualified candidates to receive a Request for Qualifications. The RFQ asks developers to provide information relating to each of the developer selection criteria listed above. Typically, the written submissions are evaluated and then the top candidates are interviewed before a final selection is made. The primary advantage of the RFQ approach is that it widens the range of candidates under consideration, while pre-screening assures that all of the candidates are fundamentally qualified. The competition created through the RFQ process may also make the developer candidates more responsive to cost than they would be if approached on a sole-source basis. 3. Two-Stage RFQ/RFP Process In a two stage Request for Qualifications/Request for Proposals process, an open RFQ is issued requesting general statements of qualifications from firms and or~anizations wishing to apply. Responses are then evaluated to select a smaller list of qua ified candidates to receive the RFP. The RFP then requests a more detailed response addressin~ the developer selection criteria discussed above. Then, as in Option 2, the proposa s are evaluated and the top candidates are interviewed before a final selection is made. 0 Developer Selection Criteria and Selection Process Options February 13, 1995 ITEM Page 8 JUl 11 1995 1l~ 16 of 23 - - ~ - DAVID PAUL ROSEN & ASSOCIATES The rimary advantage of the two-stage RFQ/RFP approach is that it opens the process up to al developers wishing to apply. At the same time, limiting the number of firms receiving the RFP focuses the more intensive due diligence effort on the most qualified firms. Disadvantages of this option are an increase in the amount of effort required to review a lar&er number of responses and in the amount of time required to complete the two-step review process. 4. Design/Build Competition In a des1n competition, the architect for a project is selected through an evaluation of propose designs. A designlbuild competition goes a step further and selects both the architect and the development team to build the project. Design and designlbuild competitions are useful in communities where the competitive process can be used to generate needed community support for affordable housin~ Disadvantages include the high cost of assembling a team and preparing submittals whic prohibits many develo~ers from entering, therefore limiting the response. The nature of the competition also imits the interaction between the Agency, developer, architect, general contractor and property manaJer during the design process and may result in projects that are more costly to build an maintain. - 5. Experienced Developer Candidate in Joint Venture with Local Nonprofit The fourth option involves selection of an e~erienced developer candidate through Options 1 through 4 above to joint venture wi a less experienced local nonprofit also selected through Options 1, 2 or 3. Advantages include the potential to build local nonprofit capacity and experience while keeping a portion of the developer fee in the local economy for use on future affordable housing projects in the area. Primary disadvantages include the added time and expense required to select the two development partners, negotiate the terms of the joint venture agreement, and complete added document requirements. In addition, the joint venture must be carefully structured to ensure that the local nonprofit partner adequately benefits from the relationship, both financially and in terms of increasing the local nonprofit's capacity to develop future projects on their own. Developer Selection Criteria and Selection Process Options February 13, 1995 Page 9 JUL 11 1995 ITEM 11 I 17 of 23 Table 2 DEVELOPER SELECTION PROCESS OPTIONS . Developer Selection Advantal!es Ootion Disadvanta2es 1. Due Diligence on Sole Fast; efficient; less Client may feel they're not Source Developer expensive in terms of getting the best possible Candidate Agency time required. candidate/deal. With competition, developer may be more sensitive to cost. 2. Request for Provides wider range of Requires more time and Qualifications to Pre- candidates for client expense than sole source; Screened Developer consideration and pre-screening may Candidates comparison; competition overlook possible may increase developer candidates responsiveness to cost. . 3. Two-Stage Request for Opens process up to all Two-step process requires Qualifications/Request developers wishing to more time and expense for Proposals apply than sole source or RFQ to pre-screened candidates 4. Design/Build Can be useful in High cost to prepare Competition generating support for submittals may limit affordable housing response; resulting project may be more costly, or infeasible, to build 5. Joint Venture Between Has the potential to build Generally more expensive Experienced Developer local capacity and keep and time consuming. In Candidate and local developer fee revenues in some cases, the capacity Nonprofit the local area. of the local nonprofit is not substantially increased. . May be difficult in locating local nonprofit with capacity to joint venture. 10 18 of 23 JUL 11 1995 ITEM 11 , - - .. . '-' DAVID PAUL ROSEN & ASSOCIATES E. CONSULTANT RECOMMENDATION AND TIMELlNE The consultant recommends the Agency use a two-stage RFQ/RFP process to select an affordable housing developer for the Bowron Road site. The two-stage format opens the process to all interested developers while allowing the Agency to focus detailed due dil~ence efforts on the most qualified candidates selected to receive the RFP. We consider wi ening the range of candidates worth the additional time and effort to evaluate the two sets of responses. We recommend that a subcommittee of two to three members of the Redevelopment and Housing Advisory Committee be established to assist in the review of qualificationsl proposals and to participate in interviewing finalists. This approach will ensure Committee involvement while maintaining a time-efficient process. For subsequent sites, the Agency may choose not to repeat the first-stage RFQ, rather selecting a list of candidates to receive an RFP from prior submittals. . We estimate the recommended two-stage RFQ/RFP selection process can be completed in approximately six to seven months, according to the draft timeline presented in Table 3. . - Developer Selection Criteria and Selection Process Options February 13, 1995 Page 11 19 of 23 JUL 11 1995 ITEM 11 4 .~ .~".~~: '-. DAVID PAUL ROSEN & ASSOCIATES Table 3 . ESTIMATED TIMELlNE FOR TWO-STAGE DEVELOPER RFQ/RFP SELECTION PROCESS Cumulative TIme TIme to Complete Task to Con,plete Process Prepare RFQ 2 weeks 2 weeks Developers Respond to RFQ 3 weeks 5 weeks Review Qualifications! Select Developers to Receive RFP/ Prepare RFP 5 weeks 10 weeks Developers Respond to RFP 3 weeks 1 3 weeks Perform Due Diligence and Reference Checks 4 weeks 1 7 weeks Review Proposals/ Select Finalists for Interviews 3 weeks 20 weeks Conduct InterviewslSite Visits 4 weeks 24 weeks Prepare Staff Report Agency/Council Action 4 weeks About 7 months . Developer Selection Criteria and Selection Process Options February 13, 1995 Page 1 2 20 of 23 JUL 11 1995 ITEM 11 1 .- ~ACHMENT B - , - DAVID PAUL ROSEN & ASSOCIATES i-tOUSiNG :::: M M ,~" I -', , ECONOM':; DEVE~C=M='~- 3 g.) ~ H E"< 0::<; I 3 -;:I E:;:;- ',"vINE. CAl'~::::::NIA 92-',,';EJ~ - =~ ~ 1.l ::::?:: e:: ~ ~A X ~. J. ::::,;.:: ~ ~\'5 June 6, 1995 To: Mr. Warren Shafer, Ms. Pamela Colby From: Mr. David Rosen, Ms. Nora Lake-Brown Subject: June 12, 1995 Redevelopment and Housing Advisory Committee Meeting Affordable Housing Development Process and Advisory Committee Role Agenda Item 4 One agenda topic for the June 12, 1995 meeting is a review of the development process and the Committee's role in affordable housing site development. Attachment 1 summarizes the steps of the development process. This process incorporates the recommendations of staff and the Committee for a two-stage developer - selection process involving an open RFQ followed by a limited RFP to selected developer candidates. Developer selection process options were discussed at the February 13, 1995 Committee meeting and are described in DRA's report to the Redevelopment Agency of the same date. Subsequent to developer selection, the architect/civil engineer and property manager would be selected in conjunction with the developer through similar two-step processes. Selection of the architect/civil engineer and property manager could occur concurrently. The process in Attachment 1 assumes a competitive bid process for selecting the general contractor, conducted after completion of the architectural (working) drawings for the project. An alternative to the competitive bid is the negotiated bid. One advantage of the negotiated bid is that the contractor can be selected earlier in the process (e.g. along with the architect and property manager) and the design and cost of the project can benefit from the contractor's experience. In DRA's experience, the negotiated bid is also less expensive than the competitive bid. DRA recommends the Committee's role in the development process be focused at the following key decision points: . one to three representatives of the Committee on interview panels to select developer finalists for each site; . one to three Committee members on interview panels to select architect finalists for each site; . Committee as a whole participates in community design workshops - required of architects for developments on each site. JUll11995 ITEM 11 I 21 of 23 Attachment 1 STEPS IN A A RECOMMENDED DEVelOPMENT PROCESS 1. Select Developer/Financial Partner a. Issue Developer RFQ (Open) b. Issue Developer RFP (3 to 5 Participants) c. Interview Selected Developer Candidates d. Select Developer/Negotiate Development Agreement 2. Select Architect/Civil Engineer a. Issue Architect RFQ (Open) b. Issue Architect RFP (3 to 5 Participants) c. Interview Selected Architect Candidates d. Select Architect/Negotiate Contract 3. Select Property Manager a. Issue Property Manager RFQ (Open) b. Issue Property Manager RFP (3 to 5 Participants) c. Interview Selected Property Manager Candidates d. Select Prof:'erty Manager/Negotiate Contract 4. Conduct Community Design Workshops 5. Prepare Specific Plan 6. Analyze Financial Feasibility/Structure Financing 7. Secure Financing 8. Complete Working Drawings 9. Select Contractor (Competitive Bid) 10. Secure Permits and Approvals 11. Construction 12. Lease-Up 13. Manage and Operate JUL11 1995 ITEM 11 . 22 of 23 - - ATTACHMENT C STEPS IN THE RECOMMENDED DEVELOPMENT PROCESS 1. Select Developer/Financial Partner a. Issue Developer RFQ (Open process) b. Issue Developer RFP (limited to 3 - 5 Participants) c. Interview Selected Developer Candidates d. Select Developer/Negotiate Development Agreement e. Select General Contractor 1) Identify General Contractor(s) 2) Interview General Contractor(s) 3) Select General Contractor/Negotiate Agreement f. Redevelopment Agency approval of Developer/General Contractor 2. Select Architect/Civil Engineer a. Issue Architect RFQ (Open process) b. Issue Architect RFP (3 to 5 Participants) c. Interview Selected Architect Candidates - d. Select Architect/Negotiate Contract e. Redevelopment Agency approval of Architect/Civil/Engineer 3. Select Property Manager a. Issue Property Manager RFQ (Open Process) b. Issue Property Manager RFP (3 to 5 Participants) c. Interview Selected Property Manager Candidates d. Select Property Manager/Negotiate Contract e. Redevelopment Agency approval of Property Manager 4. Conduct Community Design Workshops 5. Prepare Specific Plan 6. Analyze Financial Feasibility/Structure Financing 7. Secure Financing 8. Complete Working Drawings 9. Secure Permits and Approvals 10. Construction 11. Lease-Up 12. Manage and Operate JUL 11 1995 ITEM 11 23 of 23 -