The following RFP Schedule represents MOMBC’s estimate of the timetable that will be followed in connection with this solicitation:

MOMBC reserves the right, at its sole discretion, to adjust this RFP Schedule as it deems necessary. If necessary, MOMBC will communicate adjustments to the RFP Schedule as an amendment to this RFP.

The Point of Contact for this RFP is:

Jimmy Miller, Development Consultant

NYLOP@lisc.org

Communications

All procurement actions facilitated by MOMBC will be conducted openly, transparently, and competitively. MOMBC will consider competitive transaction pricing, quality of work, reputation, and referrals, and understanding of the solicited deliverables and requirements. MOMBC supports the solicitation of proposals from all markets with no geographical preferences and gives all qualified businesses, including those that are owned by minorities, women, and small business enterprises, opportunity to do business with MOMBC as contractors and subcontractors.

To maintain a fair and impartial competitive process, MOMBC and any outside consultants assisting MOMBC with this solicitation shall avoid private communication concerning this procurement with prospective Respondents during the entire procurement process. Accordingly, from the issue date of this RFP until the final award is announced, Respondents are not allowed to communicate about this RFP for any reason with any MOMBC staff or outside consultants assisting MOMBC with this solicitation except:

Through the RFP Point of Contact named below,

As otherwise specified in this RFP or

As provided by existing work agreement(s) (if any)

Prohibited communications include all contact, including but not limited to telephonic communications, emails, faxes, letters, or personal meetings, such as lunch, entertainment, or otherwise. MOMBC reserves the right to reject the proposal of any Respondent violating this provision.

OVERVIEW OF NYLOP

LISC NY has partnered with Mission-Driven Organizations (MDOs) and Faith-Based Organizations (FBOs) to promote community and economic development for many years. MDOs and FBOs often provide much-needed services to their communities. These services include housing, feeding those in need, helping individuals find stable family-sustaining employment, building up businesses to create jobs, providing wrap-around mental health services, and improving community safety to help stabilize neighborhoods.

 MDOs and FBOs have several vital resources that contribute to these goals, including:

• Community Relationships & Leadership
• Land in High Opportunity Areas
• Tax-Exempt Status
• Organizational Time, Volunteers, and Finances & Land

The LISC NY NYLOP focuses on helping MDOs, and FBOs use these resources to develop affordable housing on their vacant or underutilized property. LISC NY issued a Request for Expression of Interest (RFEI) to MDOs and FBOs to participate in the 2023 round of NYLOP). The program was expanded to include localities outside of New York City and to Western New York. MOMBC was one of the seven groups selected as a member of the 2023 cohort.

LISC NY has engaged Censere Consulting LLC as the development consultant to lead a team of housing development experts, including Goldstein Hall as the legal consultant and ESKW as the architectural consultant, to help these organizations move from an idea to a conceptual plan to building affordable housing on their real estate. The NYLOP model calls for these organizations to develop a conceptual plan that will be used as the basis for them to issue a Request for Proposals to select a Developer Partner.   

BACKGROUND INFORMATION ON MOMBC

Background:

Mount Olive Missionary Baptist Church, a cornerstone in the Lackawanna, NY community for 87 years, is currently engaged in a significant development project to address the evolving needs of the area. The church's commitment to providing essential services and facilities for its residents is at the forefront of this initiative.

The church owns the lot at 66 Wasson Avenue. The development project was conceived in response to the community's lack of beneficial facilities. The absence of a gathering space and the demolition of the Friendship House on Ridge Road, which once hosted various community activities, prompted the church's leadership, including Pastor Keith Mobley, to initiate this endeavor.

The envisioned outcome of the project is to establish a safe haven for families and children. This comprehensive facility aims to provide medical services, social and educational programs, daycare facilities, and forty units of affordable housing. The church's development project aligns with its historical commitment to serving the community and contributing to its well-being.

Concept:

The Project is located at 64-66 Wasson Avenue, Lackawanna New York and MOMBC owns property. The project calls for the development of a mixed-use property at 64 Wasson containing approximately 7,500 square feet of medical space and twenty residential units, a second building containing an additional 20 residential units, a third property containing 7,000 square feet field house, and a fourth one containing a 2,700 square feet daycare facility. The property has received zoning approval for forty units as well as civil engineering drawings.

Status:

The MOMBC submitted application has received zoning approval for forty residential units.  Additionally, MOMBC has completed the following development activities:

• Selected a Project Architect
• Completed 90 percent construction drawing for the proposed mixed-used building
• Completed schematic design documents for the residential building
• Obtained zoning approval for the proposed Project
• Completed site and civil drawings
• Engaged a financial consultant

INVITATION FOR PROPOSALS

The MOMBC invites qualified firms to submit responses to this RFP to serve as Co-Developer for the Development of the Site. Interested respondents must submit their responses per the guidelines outlined in this RFP by Monday, March 11, 2024 at 3:00 P.M. EST. 

Attached, please find a copy of the Project's site map as Attachment A identifying the subject Site.

SITE CONCEPT PLANS 

As stated, the Project is located at 66 Wasson Avenue, Lackawanna, New York and MOMBC owns property. An existing one-story building and asphalt parking must be demolished. Site grading and installation of utilities must be completed. Subsequent to the completion of the infrastructure work, the project calls for the development of a mixed-use property at 64 Wasson Avenue containing approximately 7,500 square feet of medical space and 20 residential units, a second building containing an additional 20 units, a third property containing a 7,000 square feet field house, and a fourth one containing 2,700 square feet daycare facility. The property has received zoning approval for forty units as well as civil engineering drawings.  Attachment B illustrates the site plan and conceptual plan for the Project along with the proposed floor plans.

The existing site is currently occupied by the Mount Olive Missionary Baptist Church (7,023+/- GSF) that will remain. The proposed daycare and field house will be connected to the existing church. The overall site area is approximately 2.25 acres and has frontage along both Wasson Avenue and Steelawanna Avenue in the City of Lackawanna, the current zoning of the property in Mixed Residential.

Design Principles

• Include replacement unit requirements and preferred concept plans in the proposal
• Explore a multi-faceted approach to create a vibrant mixed-income and mixed-use neighborhood that is the highest and best use of the land
• Integrate environmental sustainability “green” construction and design practices, optimal energy efficiency through the incorporation of on-site renewable energy, and adherence to LEED or green community certification standards
• Establish an accessible, pedestrian-oriented environment that can serve as a model of adequate accessibility through quality streetscape, open space, and design
• Promote community interconnectivity between residents, neighborhood, and the community
• Foster meaningful engagement of residents and other stakeholders throughout the implementation period
• Feature high-quality, context-sensitive architectural design that is respectful to the surrounding neighborhood
• Develop a creative and viable financial plan that does not require MOMBC funding
• Coordinate with other local and community-driven development plans

SUMMARY OF SERVICES

The Co-Developer shall, subject to consultation with and the reasonable approval of MOMBC, manage a full-service Development Team to refine and implement the Site Concept Plan and direct design, development, and financing of the Project. The Co-Developer, subject to the consultation and reasonable approval of MOMBC, will be responsible for developing a feasible financing and implementation plan that incorporates a variety of funding sources such as Low-Income Housing Tax Credits (LIHTC), Bond Financing, Federal Home Loan Bank, Permanent Debt, CDBG, CDBG-DR, FEMA, HOME Investment Partner(s)ships (HOME), Private Foundation Funds and such other sources as may be available and appropriate. The Co-Developer is expected to be experienced with the requirements of all financing programs it proposes to use. MOMBC will undertake no financial or guaranty obligations unless explicitly accepted in writing by MOMBC. 

The selected Co-Developer will implement the development program per a MOMBC-approved schedule. MOMBC's goal is to commence construction in an initial phase in the first quarter of 2024.

MOMBC also reserves the right to select one or more Co-Developers. The Co-Developer will be solely responsible for working with MOMBC to redevelop the Project.

ROLE OF MOMBC 

MOMBC, though an affiliate will be a co-owner (preferably with a majority interest) and must be included in and have the approval of key decisions in all aspects of planning and development of the Project, including but not limited to preparing documents, discussions with potential and selected investors, meetings with contractors, consultants and stakeholders and selecting key team members.  Any reference in this RFP to MOMBC having rights of review, approval, etc. that reference to MOMBC in those contexts shall mean MOMBC and/or MOMBC's affiliate.

Predevelopment

As noted above, MOMBC has completed a significant part of the required pre-development activities and will be involved in refining and completion of the predevelopment process, including review and must approve all project contracts, invoices, and draws for approval. 

Investor Solicitation – MOMBC will review the Co-Developer construction financing and equity investor solicitation, the list of potential investors, and the responses. The Co-Developer shall conduct the investor solicitation process in a form that ensures maximum participation.

Participation in Site/Unit Designs – MOMBC expects the Co-Developer to review the conceptual design completed for the Site and use it as the basis for preparing further design documents. Note that MOMBC has completed 90 percent of the construction drawing for the mixed-use building. MOMBC will be involved throughout the design process and will work with the Co-Developer to finalize the design and construction documents. Also, MOMBC will review and approve the construction drawings and specifications.

Property Management – MOMBC, in conjunction with the Co-Developer shall select the property manager, subject to the reasonable review and approval of the Co-Developer, lender, and investor. 

Marketing and Lease-up - The property manager, selected by MOMBC and approved by the Co-Developer, shall create, and implement a marketing and lease-up strategy for the rental units and, if applicable, commercial, or retail space, to ensure that stabilized occupancy is achieved in compliance with all applicable financing and land-use agreements.

Financing

Predevelopment Funding – MOMBC expects the Co-Developer to provide one hundred (100) percent of the pre-approved third-party predevelopment costs.

Development Fees – MOMBC or its affiliate will act as co-developer and expects a minimum thirty (30) percent share of the Developer Fee (paid and deferred), but a more significant amount of development fee is preferred.

Acquisition Financing – MOMBC owns the project site. Per State law, MOMBC must receive fair and reasonable compensation to transfer the property to the ownership entity. MOMBC expects the Co-Developer to obtain the financing necessary to compensate the Church for the transfer of the property. MOMBC also expects the Co-Developer to assist with structuring the acquisition of the Site through a sale or ground lease, whichever is mutually agreeable to MOMBC and the Co-Developer and acceptable to lenders and investors.

Insurance Requirements – The Co–Developer shall comply with the insurance requirements outlined in Attachment C of this RFP and the insurance requirements of lenders and investors.

Asset Manager – MOMBC will have asset management responsibilities related to units in which MOMBC or its affiliate has an ownership interest. MOMBC will monitor and enforce the terms of its lease and the Regulatory and Operating Agreement with the Co-Developer and require that all housing units be managed following applicable local, state, and federal requirements.

Contract Administration

MOMBC will attend all construction meetings and reviews. Approve all construction drawings, amendments, and monitor the construction process from bidding to contract closeout.

                                                    MINIMUM REQUIREMENT FOR CO-DEVELOPER

Respondents to the RFP must meet the following minimum requirements:

• Must have at least five years of experience developing affordable housing of comparable size and scope to the Project outlined in this RFP
• Must have developed and completed within the last ten years at least two projects of comparable size and scope to the Project outlined in this RFP
• Must have experience successfully accessing private equity, debt financing, and government grants or loans

1. MOMBC is the sole judge of each proposal's conformance with the requirements of this Request for Proposals and the merits of such submission.
2. MOMBC reserves the right to waive any condition or modify any provisions of this document concerning one or more Respondents, to negotiate with one or more Respondents, to require supplemental statements and information from any Respondents, to modify any of the terms and conditions herein, and to reject any or all proposals in its sole and absolute discretion.
3. If all proposals are rejected, the disposition of the Project may be conducted by any means, terms, or conditions chosen by MOMBC in its sole and absolute discretion.
4. Upon selecting a Respondent, if any, MOMBC will notify the Respondent of the terms and conditions upon which MOMBC will be willing to negotiate definitive development documents. However, nothing will be binding on MOMBC or the Respondent unless and until final documents are executed and delivered by both.
5. The timing of the conditional selection will depend upon the degree to which supplemental information regarding individual proposals may be required or due to any other factors that MOMBC, in its sole discretion, considers pertinent.
6. All submitted proposals are the property of MOMBC. MOMBC is not liable for any costs or expenses incurred by a Respondent in preparing proposals, negotiations, or discussions with MOMBC or in connection with any other work. A proposal may be modified at any time before the submission deadline. Only the final version of the proposal will be considered.
7. The Site will be delivered in its "as is" condition, subject to any environmental conditions, hazards, or other title matters.
8. The MOMBC, its officers, employees, consultants, attorneys, and agents make no representation or warranty and assume no responsibility of any kind for the accuracy of any of the information set forth herein or otherwise provided by Church Personnel, the physical condition, the status of title or usability of the Site, or any other matter. All due diligence is the sole responsibility of the Respondents, and Respondents are encouraged to satisfy themselves concerning any aspect of the proposed development or condition of the Site.
9. All proposals must conform to and be subject to all applicable laws, regulations, and rules of any governmental authority having jurisdiction over the Site or the development thereof (including, without limitation, any zoning or applicable land use regulations).
10. The MOMBC invites the participation of real estate brokers acting on behalf of and with authorization of identified principals, provided that the broker arranges for the payment of its commission or other compensations exclusively by the selected Co-Developer. It is a condition to the designation of a developer of the Project that the chosen developer agrees to pay any commission or compensation brought by any broker because of the Project or the development of the Site other than Development Site Advisors.
11. Upon submission of a proposal to this RFP, Respondents and the representatives and agents will treat their proposals and all information obtained in connection with the RFP (“Confidential Information”) in a confidential manner, and will not discuss, publish, divulge, disclose or allow to be disclosed the Confidential Information to any other respondents or any other person, firm or entity, including press or other media, without the prior written approval of the MOMBC.

EXTERNAL ORGANIZATIONAL CONFLICTS

Co-Developer certifies that neither it nor any of its contractors or subcontractors include persons who have an interest (direct or indirect) in this proposed contract and who, during their tenure or for one (1) year after that, are:

1. A present or former member or officer of MOMBC’s Board of Directors, Governing Body, or any member of the officer’s immediate family.
2. Any MOMBC employee who formulates policy or influences decisions concerning the MOMBC project(s) that are connected to this proposed contract, any member of the employee's immediate family, or the employee's Partner(s).
3. Any public official, member of the local governing body, State/Territory or local legislator, or any member of such individual's immediate family.

Respondents may submit a response to this RFP so long as any potential conflict is disclosed. In its sole discretion, the MOMBC will determine if any such conflict warrants the Respondent's disqualification.

NOTE: "Immediate family" member means the spouse, mother, father, brother, sister, or child of a covered class member, whether related as a full-blood relative or as a "half" or "step" relative (e.g., half-brother or stepchild).

INTERNAL ORGANIZATIONAL CONFLICT

It is MOMBC's policy to avoid situations that place a Respondent in a position where its judgment may be biased because of any past, present, or currently planned interest, financial or otherwise, that the Respondent may have that relates to the work to be performed according to this solicitation or where the Respondent's performance of such work may provide it with an unfair competitive advantage.

If necessary, Respondents shall provide a signed statement (“Disclosure Certification") that describes all relevant facts concerning any past, present concisely, or currently planned interest (financial, organizational, or otherwise) relating to the work to be performed hereunder and bearing on whether the Respondent has a possible organizational conflict of interest concerning (1) being able to render impartial, technically sound, and objective assistance or advice, or (2) being given an unfair competitive advantage.

In the Disclosure Certification, the Respondent may also provide relevant facts that show how its organizational structure or management systems limit its knowledge of possible organizational conflicts of interest relating to other divisions or sections of the organization and how that structure or system would avoid or mitigate such organizational conflict.

In the absence of any relevant interests identified in a signed Disclosure Certification, Respondents certify by their signature on this solicitation that the Respondent, to the best of its knowledge and belief and except as otherwise disclosed, does not have an organizational conflict of interest which is defined as a situation in which the nature of work to be performed under this proposed contract and the Respondent's organizational, financial, contractual or other interests may, without some restriction of future activities (1) result in an unfair competitive advantage to the Respondent, or (2) impair the Respondent's objectivity in performing the contract work. Accordingly, the Respondent's signature on this solicitation certifies that to the best of the Respondent's knowledge and belief, no actual or apparent conflict of interest exists regarding the Respondent’s possible performance of this procurement.

No award shall be made until the Disclosure Certification and a Financial or Personal Interest Disclosure Statement, if applicable, have been evaluated by the MOMBC. Failure to provide the Disclosure Certification or the Financial or Personal Interest Disclosure Statement, if applicable, will be deemed a minor infraction. The Respondent will be permitted to correct the omission within a period established by the MOMBC.

Refusal to provide the Disclosure Certification, the Financial or Personal Interest Disclosure Statement, if applicable, and any other additional information required by the MOMBC, or the willful nondisclosure or misrepresentation of any relevant information shall disqualify the Respondent.

In the event that MOMBC determines that a potential conflict exists, in that case, the selected Respondent shall not receive an award unless the conflict is addressed to the satisfaction of MOMBC and applicable law.

Respondents must disclose the following:

• Actual, apparent and potential conflicts
• Ownership interests
• Identification of officers and directors of bidding entities
• Overlapping ownership interests or directorships in other companies. 

DISCLOSURE STATEMENT

Before awarding, and while Respondent is conducting business with MOMBC, Respondent must disclose any direct or indirect conflicts of interest and organizational conflicts of interest as soon as such conflict becomes known or should have become known. Respondents with a conflict of interest must provide full and complete disclosure, in writing, to MOMBC. The Disclosure Statement must be presented on the Respondent's letterhead, notarized, and signed by the individual making the disclosure.  

CONTRACTOR RESPONSIBILITY

MOMBC shall make awards only to responsible Co-Developers who can perform successfully under the terms and conditions of a proposed contract. Consideration shall be given to such matters as contractor integrity, public policy compliance, past performance record, and financial and technical resources. Contracts shall not be awarded to any Co-Developer whose previous business or performance indicates that it was not responsible.

MUNICIPAL CHARGES 

All buildings managed or owned by the Respondent must be current with all real property taxes, water, and sewers charges, or have entered into, and be in compliance with binding payment agreements for all outstanding taxes and charges.

CODE VIOLATIONS

A respondent may be rejected at any time during the evaluation process if findings of a substantial record of serious New York City Building Code violations with regard to properties owned or managed by the Respondent or any of its principals or related entities, and such findings have not been adequately addressed.

ADVERSE FINDINGS

A Respondent may be rejected at any time during the evaluation process if adverse findings are made with regard to the Respondent or any of its principals or related entities, including, but not limited to, adverse findings with respect to any of the following:

• Past or pending government or private mortgage foreclosure proceedings or arrears with respect to any property owned or managed by the Respondent
• Past or pending governmental tax or lien foreclosure, or substantial tax arrears
• Findings of tenant harassment or a pending case of harassment
• Arson, fraud, bribery, or grand larceny conviction or a pending case.
• Past or pending default on any obligation to, unsatisfied judgment or lien held by, or contract with, any governmental agency
• Past or pending suspension, debarment, or finding of non-responsibility by any government agency
• A past or pending voluntary or involuntary bankruptcy proceeding
• A negative history with New York City or any other government agency.

CERTIFICATION REGARDING DEBARMENT

Respondent certifies by submitting its proposal that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by a federal department, state, or city agency.

If any of the Respondent's principals, officers, directors, or Partner(s) have been debarred, suspended, or otherwise lawfully precluded from participating in the Scope of Services outlined in the RFP, the Respondent shall disclose that information in its proposal. All Respondents must submit a Disclosure Statement if this is not the case. Failure to provide such information or to complete (Exhibit A – Disclosure Form) shall result in the rejection of the proposal. MOMBC will corroborate this information.

Each Respondent's principals, officers, directors, and Partner(s) must be in good standing with MOMBC and any Federal or local agency with a contractual relationship with the Respondent or any of its principals, officers, directors, and Partner(s).

REQUIRED MOMBC RESPONDENT REGISTRATION

Respondent is responsible for contacting local authorities to ensure that Respondent has complied with all laws and is authorized or licensed to do business in the State of New York. In addition to that, all applicable fees are the responsibility of Respondent now or hereafter in effect during the contract. Respondent and its employees, agents, and subcontractors shall also comply with all Federal, State, and local laws regarding business permits and licenses that may be required to conduct the services performed under the contract. 

OWNERSHIP OF DOCUMENTS

All documents and information generated, prepared, assembled, and provided to MOMBC according to this RFP become the property of MOMBC upon receipt. Respondents shall not copyright, or cause to be copyrighted, any portion of any document submitted to MOMBC because of this RFP.

REJECTION OF PROPOSALS

MOMBC may reject any or all proposals. Action to reject all proposals shall be taken only for unreasonably high prices, error in the solicitation, cessation of need, unavailability of funds, failure to secure adequate competition, or any other reason deemed appropriate by MOMBC.

CO-DEVELOPER STATUS

The Co-Developer shall be an independent contractor and will not be an employee of MOMBC.

GOVERNMENT RESTRICTIONS

In the event any governmental restrictions may be imposed which would necessitate alteration of the material, quality, or performance of the goods or the material, quality, workmanship, or performance of the goods or services offered, it shall be the responsibility of the successful Respondent to immediately notify MOMBC in writing specifying the regulation which requires an alteration. MOMBC reserves the right to accept any such alteration, including any reasonable price adjustments, or to cancel the contract at no expense to MOMBC.

ADVERTISING

Respondent agrees not to use the fact of or the results from the proposal submitted as part of any commercial advertising. MOMBC does not permit the use of MOMBC’s relationship with an entity for marketing efforts unless MOMBC agrees explicitly otherwise.

NOTICES

All notices, demands, requests, and claims about the award of this contract must be addressed in writing to the following:

Monica Dean

Director of Housing

LISC New York | Local Initiatives Support Corporation

NYLOP@lisc.org

COMPLIANCE WITH LAW

The Co-Developer shall comply with all applicable Federal, State, Territory. Local laws, regulations, ordinances, and requirements applicable to the work described herein, including, but not limited to, those applicable laws, rules, and requirements governing equal employment opportunity programs, subcontracting with small and minority firms, women's business enterprises, and labor surplus area firms, and equal opportunity for businesses, the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, the Davis-Bacon Act, and those laws and regulations concerning the abatement and remediation of asbestos and lead-based paint, and shall provide for such compliance in the contract documents. The Co-Developer shall obtain, at Co-Developer's expense, such permits, certificates, and licenses as may be required to perform the work specified

INDEMNIFICATION

MOMBC cannot, and by the Agreement relating to this RFP, does not agree to indemnify, hold harmless, exonerate, or assume the defense of the Co-Developer or any other person or entity whatsoever, for any purpose whatsoever.

STANDARDS OF CONDUCT

The Co-Developer shall be responsible for maintaining satisfactory standards of employees' competency, conduct, courtesy, appearance, honesty, and integrity and for taking such disciplinary action concerning any employee as necessary.

Each submission will be evaluated based on its responsiveness to this RFP and primarily per the Evaluation Criteria in the following table. Respondents are required to respond thoroughly to each of the following evaluation factors, with a focus on providing answers that are both clear and concise. In its sole discretion, MOMB will select the Respondent whose proposal is in the best interest of the MOMB.

If your business or non-profit is selected as a finalist, you will be notified via email. Being selected as a finalist does not guarantee acceptance as Master Developer for these sites. As a finalist, additional documentation will be required, including but not limited to tax returns/990s, Certificate of Good Standing from the New York Secretary of State (except if you're a micro-entrepreneur), a 501(c)(3) letter for non-profits, and an SSN,TIN/ITIN and/or EIN for the applicant and/or the business in order for us to perform the due diligence required by the program’s funding source.

This due diligence inquiry may include background search that we will conduct at our expense. If the due diligence step is successfully completed, we will ask for W-9 and appropriate banking information so that we may transfer funds by ACH to your designated account.