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

EDLI reserves the right, at its sole discretion, to adjust this RFP Schedule as it deems necessary. If necessary, EDLI 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 EDLI will be conducted openly, transparently, and competitively. EDLI will consider competitive transaction pricing, quality of work, reputation, and referrals, and understanding of the solicited deliverables and requirements. EDLI 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 EDLI as contractors and subcontractors.

To maintain a fair and impartial competitive process, EDLI and any outside consultants assisting EDLI 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 EDLI staff or outside consultants assisting EDLI 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. EDLI 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. EDLI 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 EDLI

Background:

The Episcopal Diocese of Long Island spans Kings, Queens, Nassau and Suffolk counties, totaling 135 parishes. The organization has two full-time asset managers, two construction managers, and a real estate administrator overseeing the various real estate related matters of the diocese. EDLI has a long history and boasts six royal charter churches within the diocese, all of whom continue to cater to and flourish within the fabric of their communities.

Due to EDLI’s rich and long history, many of its churches were established prior to the towns and villages that grew around them. As a result, many of the Diocesan properties continue to be situated in local hubs of activity. As their communities evolve, they seek to both utilize the properties to carry on ministry while also addressing housing needs of the community.

The subject property is owned by The Trustees of The Estate Belonging to the Diocese of Long Island. It is located in the Woodside transit hub, offering access to the rest of the city via the Long Island Railroad and the 7 train. It consists of two buildings, the first of which was constructed in 1874. Unfortunately, this building suffered significant interior damage and some obvious historic stained-glass windows were destroyed in a fire on December 26, 2007. The second building houses a sanctuary and office space that was renovated recently following the church’s closure. This building is currently occupied by a non-profit tenant organization that provides overnight shelter housing for the homeless men in Queens. During the day, the tenant also utilizes other portions of the property to provide immigration services and run a food pantry for the community. 

Concept:

The property is situated at Block 1229, Lot 90 and is 12,000 square feet. The property is zoned R5B. The zoning floor area (ZFA) is 21,000 square feet.

The preferred concept plan (Option A) calls for 24 affordable housing units. This plan calls for the use of AIRS to increase density and requires a waiver from CPC for height. The alternative concept plan (Option B) calls for 25 affordable housing units, with no need for a height waiver. (See Attachment B) Concept A is the preferred because it allows for more two additional two-bedroom units, which allow the client to assist more larger families.

Both concepts require the demolition of two existing structures. Currently, one of the buildings is being rented by a 501(c)(3) to provide immigration services and will have to be relocated. The second structure is vacant.

Status:

To date, The LISC NY team and EDLI have completed the concept plan. As stated above, EDLI has assembled a team of consultants, including a tax accountant and land use attorney. This project will require a City Planning Commission (CPC) waiver for height (24-57).

INVITATION FOR PROPOSALS

The EDLI 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 18, 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 above, the property, located at Block 1229, Lot 90, spans 12,000 square feet and falls under the R5B zoning. The zoning floor area (ZFA) is specified at 21,000 square feet.

The preferred concept plan, labeled Option A, outlines a proposal for 24 affordable housing units (refer to Attachment B). This plan utilizes AIRS to boost density and necessitates a waiver from CPC for height. On the other hand, the alternative concept plan, Option B, calls for 25 affordable housing units without the need for a height waiver (refer to Attachment B). Concept A is favored due to its ability to accommodate two additional two-bedroom units, enabling the client to assist larger families.

Both concepts entail the demolition of two existing structures. At present, one of the buildings is leased by a 501(c)(3) for immigration services and will need to be relocated, while the second structure is currently vacant.

Up to this point, the LISC NY team and EDLI have completed the concept plan. As previously mentioned, EDLI has assembled a team of consultants, including a tax accountant and a land use attorney. This project will require a City Planning Commission (CPC) waiver for height (24-57).

As stated above, Attachment B illustrates the concept plan for the Project along with the proposed floor plans. 

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 EDLI 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 EDLI, 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 EDLI, 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. EDLI will undertake no financial or guaranty obligations unless explicitly accepted in writing by EDLI. 

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

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

ROLE OF EDLI

EDLI, 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 EDLI having rights of review, approval, etc. that reference to EDLI in those contexts shall mean EDLI and/or EDLI's affiliate.

Predevelopment

As noted above, EDLI 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 – EDLI 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 – EDLI 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 EDLI has completed 90 percent of the construction drawing for the mixed-use building. EDLI will be involved throughout the design process and will work with the Co-Developer to finalize the design and construction documents. Also, EDLI will review and approve the construction drawings and specifications.

Property Management – EDLI, 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 EDLI 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 – EDLI expects the Co-Developer to provide one hundred (100) percent of the pre-approved third-party predevelopment costs.

Development Fees – EDLI 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 – EDLI owns the project site. Per State law, EDLI must receive fair and reasonable compensation to transfer the property to the ownership entity. EDLI expects the Co-Developer to obtain the financing necessary to compensate the Church for the transfer of the property. EDLI 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 EDLI 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 – EDLI will have asset management responsibilities related to units in which EDLI or its affiliate has an ownership interest. EDLI 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

EDLI 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. EDLI is the sole judge of each proposal's conformance with the requirements of this Request for Proposals and the merits of such submission.
2. EDLI 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 EDLI in its sole and absolute discretion.
4. Upon selecting a Respondent, if any, EDLI will notify the Respondent of the terms and conditions upon which EDLI will be willing to negotiate definitive development documents. However, nothing will be binding on EDLI 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 EDLI, in its sole discretion, considers pertinent.
6. All submitted proposals are the property of EDLI. EDLI is not liable for any costs or expenses incurred by a Respondent in preparing proposals, negotiations, or discussions with EDLI 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 EDLI, 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 EDLI 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 EDLI.

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 EDLI’s Board of Directors, Governing Body, or any member of the officer’s immediate family.
2. Any EDLI employee who formulates policy or influences decisions concerning the EDLI 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 EDLI 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 EDLI'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 EDLI. 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 EDLI.

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

In the event that EDLI 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 EDLI 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 EDLI, 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 EDLI. The Disclosure Statement must be presented on the Respondent's letterhead, notarized, and signed by the individual making the disclosure.  

CONTRACTOR RESPONSIBILITY

EDLI 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. EDLI will corroborate this information.

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

REQUIRED EDLI 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 EDLI according to this RFP become the property of EDLI upon receipt. Respondents shall not copyright, or cause to be copyrighted, any portion of any document submitted to EDLI because of this RFP.

REJECTION OF PROPOSALS

EDLI 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 EDLI.

CO-DEVELOPER STATUS

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

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 EDLI in writing specifying the regulation which requires an alteration. EDLI reserves the right to accept any such alteration, including any reasonable price adjustments, or to cancel the contract at no expense to EDLI.

ADVERTISING

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

EDLI 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.