LISC NY New York Land Opportunity Program Request for Proposals - Master Developer

REQUEST FOR QUALIFICATIONS FOR VARIOUS WESTERN NEW YORK AND DOWNSTATE NEW YORK PROJECTS

In February and March 2024, LISC NY issued several Request for Proposals to select Co-Developers to partner with various mission-driven organizations (MDOs) and faith-based organizations (FBOs) to develop affordable housing on land owned by these organizations. LISC NY is reissuing the previous solicitations as a Request for Qualifications (RFQ). This RFQ is designed to streamline and simplify these solicitations by requesting minimal information from respondents to determine whether they have the experience and financial capability needed to bring these projects to fruition. Once Respondents are ranked and pre-qualified, LISC NY, in conjunction with the MDO/FBO, will negotiate the terms and conditions of the Master Development Agreement (MDA).

Per this RFQ, LISC NY is requesting qualifications from qualified Respondents to serve as Co-Developers with two Western New York and three New York City MDOs/FBOs. The Co-Developer will partner with these MDOs/FBOs to develop affordable housing on land owned by these organizations. Respondents may submit qualifications for one or more projects.  Please complete Exhibit C to indicate which Project or projects you would like to be considered as a co-developer.

LISC NY selected seven organizations to participate in the 2023 cohort of their New York Land Opportunity Program (NYLOP). Respondents who wish to serve as Co-Developers for five of these organizations are being requested to submit qualifications. While the size of three of the projects may concern some Respondents, please be assured that LISC NY is fully committed to collaborating with you to bring these projects to fruition. We are actively engaged with lenders about this issue.

The RFQ package includes the instructions and requirements governing this solicitation process, the scope of services to be performed, and other pertinent information. This information may be downloaded from the LISC NY website at www.lisc.org. In addition, all firms must provide an email address where LISC NY will send subsequent communications.

Respondents can submit their responses to the RFQ by visiting the LISC NY NYLOP page completing this form and uploading the required exhibits. The application deadline is 3:00 P.M. EST, JUNE 10, 2024. The MDOs/FBOs and LISC NY will evaluate and score the responses based on the evaluation criteria outlined herein.

LISC NY and each MDO/FBO reserve the right to reject all proposals and waive any informality in the procurement process. LISC NY and the MDOs/FBOs will not be liable for any claims, loss, damages, or respondent costs resulting from any part of this RFQ process. 

At their sole discretion, LISC NY and the MDOs/FBOs reserve the right to adjust the RFQ Schedule as necessary. LISC NY will communicate adjustments to the RFQ Schedule as an amendment hereto.

RFP SCHEDULE

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

 

 

DATE

TIME

Issue Date:

May 13, 2024

N/A

Non-Mandatory Information Session:

May 23, 2024

2:00 P.M. EST.


Register via Zoom

 

Passcode: QgqADG5x

 

Deadline for Questions:

 May 27, 2024

3:00 P.M. EST

 

Responses to these questions will be addressed in writing and issued as an addendum to this RFP.


Please email all questions to NYLOP@lisc.org


LISC NY will not respond to questions submitted after the deadline.

Responses to Questions:  

June 3, 2024


Posted on the LISC NY Website

 

Proposal Due Date:

June 10, 2024

3:00 P.M. EST.

 

NO APPLICATIONS WILL BE ACCEPTED AFTER THE DEADLINE

Team Evaluation Period:

Three Weeks

Team Meeting:

TBD

Interview (if applicable):

TBD


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

RFP CONTACT                                                                                       

RFQ Point of Contact:

Monica Dean

Director of Housing

LISC New York | Local Initiatives Support Corporation

NYLOP@lisc.org


Communications


According to this RFQ, all procurement actions facilitated by LISC NY and the MDOs/FBOs will be conducted openly, transparently, and competitively. Subsequently, LISC NY and the MDOs/FBOs will consider competitive transaction pricing, quality of work, reputation, referrals, and understanding of the solicited deliverables and requirements. LISC NY and the MDOs/FBOs support soliciting proposals from all markets with a geographical preference for applicants with New York City experience. It gives all qualified businesses, including those owned by minorities, women, and small business enterprises, competitive opportunities to do business with LISC NY and the MDOs/FBOs as contractors and subcontractors.


To maintain a fair and impartial competitive process, LISC, the MDOs/FBOs, and any outside consultants assisting LISC NY or the MDOs/FBOs 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 RFQ until the final award for each respective Project is announced, revised, or abandoned, Respondents are not allowed to communicate about this RFQ for any reason with any MDO/FBO staff or outside consultants assisting MDO/FBO with this solicitation except:

  • Through the RFQ Point of Contact named below,
  • As otherwise specified in this RFQ or 
  • As provided by existing work agreement(s) (if any)


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

INTRODUCTION

OVERVIEW OF LISC NYLOP 


For years, LISC NY has partnered with MDOs/FBOs to promote community and economic development. MDOs/FBOs provide much-needed services to their communities. These services include housing, feeding those in need, helping individuals find stable, family-sustaining employment, supporting small businesses and job creation, providing wrap-around mental health services, and improving community safety to help build and stabilize vulnerable neighborhoods.


MDOs/FBOs offer vital resources that contribute to these goals, including: 

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

LISC NY NYLOP focuses on helping MDOs/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/FBOs to participate in the 2023 round of NYLOP. The program was expanded to localities outside New York City and Western New York.


LISC NY has engaged Censere Consulting LLC as the development consultant to lead a team of Housing Development Experts, including Goldstein Hall PLLC as the legal consultant and ESKW as the architectural consultant, to help move the MDO/FBO project 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 an RFQ to select a Co-Developer Partner.


BACKGROUND INFORMATION ON PARTICIPATING MDO/FBO



WESTERN NEW YORK


The Women’s Economic Institute (TWEI)


Background:


TWEI is a Central New York-based, minority, women-led, and centered 501(c)(3) focused on supporting Black and Indigenous People of Color (BIPOC), women, girls, and marginalized communities through economic development and the creation of affordable housing. Their board members are minority women educators, entrepreneurs, and leaders who reside in NY, IL, AZ, and MD. TWEI partners with local and national agencies and stakeholders committed to economic parity, health equity, and social justice, focusing on Black women and girls. Eighty (80) percent of TWEI's service area is BIPOC women, girls, and communities.


TWEI expanded into Central New York during COVID-19, with a particular focus on eradicating health and economic disparities among BIPOC/Black women and girls. The data shows Black women, girls, and inner-city communities like the Southside of Syracuse have disproportionate rates of metabolic syndrome (i.e., three or more core health morbidities—cancer, diabetes, high blood pressure, hypertension, heart disease) primarily due to systemic inequality, poverty, poor food quality, poor housing, and trauma.


The Project is at 1500-1610 South Avenue in Syracuse, New York. TWEI has a purchase agreement with the Greater Syracuse Land Bank for three vacant or underutilized properties containing nine parcels (1525, 1531, 1532-36, 1535, 1537-39, 1542, 1546-48, 1550-54, 1600-1610) on the south side of the city of Syracuse. The purchase agreement was executed on April 19, 2022, and gives TWEI a 24-month due diligence period and requires closing 90 days after that. The organization is in the process of requesting an extension of the due diligence period. The Agreement calls for the seller to demolish the existing structure at 1500-1610 South Avenue before the closing (See Attachment A for Concept Plan).


Concept:


SRP is a mixed-use micro-community within three sites along the 1500-1610 blocks of South Avenue. Two structures (East and West) will include the program with commercial and residential parking. The third Site will be commercial parking only. The West side is a 4-Story building with a restaurant commercial on the first floor, residential housing and a community room/computer lab on the second floor, residential housing and a fitness center on the third floor, and a fourth floor with a public event space, a catering kitchen, and a suite of administrative offices. The West-site structure will accommodate 26 one-bedroom units. Greater Syracuse Landbank will demolish the remaining structure on the West site before the construction loan closes. The Project is designed per LIHTC guidelines and requirements.


The East site is a four-story building with retail commercial on the first floor, three levels of affordable senior housing above, and a partial rooftop garden on the fourth floor. The structure will accommodate 35 units (34 one-bedroom units and one two-bedroom unit). It will also house a fitness center, a workforce/computer lab, and residential units.


The Project will meet green and energy efficiency standards by incorporating a Passive House energy model. Residential utilities will be fully electric, with Energy Star residential appliances. Visual art assets, green spaces, a public event venue, and interior and exterior seating areas are incorporated into the Project to encourage planned community gatherings, engagement, placemaking, and neighborhood building. There are separate courtyards, gardens, and seating areas between tenants and the public and residential and commercial elevators and parking


Bedroom Size

Unit Mix

Percentage

1 Bedroom

60

98.4

2 Bedroom

1

1.6

Total

61

100



Mount Olive Missionary Baptist Church (MOMBC)

Background:

Mount Olive Missionary Baptist Church, a cornerstone of the Lackawanna, NY, community for 87 years, is currently engaged in a significant development project to address the area's evolving needs. 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 need for more 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 Project's envisioned outcome 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 40 affordable housing units. The church's development project aligns with its historical commitment to serving the community and contributing to its well-being.

Concept:

The Project calls for the development of a mixed-use property 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 a 2,700 square feet daycare facility. The Project has received zoning approval for 40 units and has civil engineering drawings Attachment B illustrates the conceptual plan for the Project along with the proposed floor plans.

An existing one-story building and asphalt parking must be demolished. Site grading and installation of utilities must be completed. The Site is currently occupied by the Mt Olive Baptist Church (7,023+/- GSF), which will remain. The proposed daycare and field house will be directly connected to the existing church. The overall site area is approximately 2.25 acres and has frontage along both Wasson Ave. and Steelawanna Ave. in the City of Lackawanna. Current zoning of the property in Mixed Residential.

UNIT MIX

Bedroom Size

Unit Mix

Percentage

1 Bedroom

30

75

2 Bedroom

10

25

Total

40

100

 

NEW YORK CITY


Episcopal Diocese of Long Island (EDLI)

Background: 

The Episcopal Diocese of Long Island spans Brooklyn, Queens, Nassau, and Suffolk Counties, totaling 153 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 which continue to cater to and flourish within the fabric of the community. 

Due to EDLI's rich and long history, many churches were established before 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 our communities evolve, we seek to utilize the properties to continue ministry while also addressing the community's housing needs where we can.

The Trustees of The Estate Belonging own the subject property 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 number 7 train. It consists of two buildings, the first constructed in 1874. Unfortunately, this building suffered significant interior damage, and some prominent historic stained-glass windows were destroyed in a fire on December 26, 2007. The second building houses a sanctuary and office space renovated recently following the church's closure. This building is occupied by a non-profit tenant organization that provides overnight shelter housing for homeless men in Queens. During the day, the tenant also utilizes other portions of the property to offer immigration services and run a food pantry for the community.

Concept:

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

The preferred concept plan calls for 24 affordable housing units (See Attachment C). This plan uses AIRS to increase density and requires a waiver from CPC for height.

The concept plan requires the demolition of the two existing structures.

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



UNIT MIX

Bedroom Size

Unit Mix

Percentage

Studio

12

5050

1 Bedroom

5

                       21

2 Bedroom

  77

                       29

Total

24

                    100

While these are the preferred concept plans, we welcome input from the selected co-developer.

Mt. Olivet Baptist Church (MOBC)

Background:

Located in St. Albans, Queens, Mount Olivet Baptist Church has been a vital part of the community for 62 years, offering food, affordable housing, and support to needy individuals. Founded by Rev. Phillip Hawkins and his wife, S.O. Hawkins, at 201-11 Hollis Ave, the church initially served as a worship space for African Americans relocating to a predominantly White neighborhood. Despite facing racial threats, vandalism, and destruction during its early years, the church persevered, eventually purchasing the property and expanding its presence.

Under the leadership of Pastor Frankco Harris, MOBC remains committed to its community service mission and aims to extend its impact by providing affordable housing tailored to local needs. The current church, designed by architect Henry Simmons, showcases stone and wood construction elements that the congregation would like to see incorporated into the new development. With ownership of three lots adjacent to the church, totaling 9,632 square feet, Mount Olivet is actively involved in affordable housing initiatives, currently owning seven units.

Concept:

The proposed concept plan outlines the development of a 23-unit building on the available lot, capitalizing on the as-of-right allowances. Situated within the C1-3/R5-B zoning district, the lot dimensions of 102(87.25) x 100 feet and a total lot area of 9,389 square feet provide the foundation for an optimized design. The plan adheres to the zoning regulations, considering a maximum Residential Zoning Floor Area (RZFA) of 12,675 square feet in conjunction with Affordable Independent Residences for Seniors (AIRS). The envisioned development allocates the proposed zoning floor area for residential use, totaling 12,675 square feet, and designates 4,900 square feet for community facilities. Notably, the concept plan accommodates the requirement for AIRS to enhance density and parking, ensuring a harmonious integration of housing and community amenities. Additionally, the plan includes provisions for three residential parking spaces, contributing to a thoughtful and balanced utilization of the available space.

The LISC NY team and MOBC completed the concept plan, detailed in Attachment D. As stated above, the Project spans three lots, with two existing two-story structures that need to be demolished. The third lot, a parking lot, has no existing structure. MOBC is exploring the ULURP process for potential Zoning Relief, aiming to increase the unit count to 33 with AIRS. However, the formal process is pending, providing insight into current progress and future development possibilities.

 

UNIT MIX

Bedroom Size

Unit Mix

Percentage

0 Bedroom

19

83

1 Bedroom

4

17

Total

23

100


While these are the preferred concept plans, we welcome input from the selected co-developer.

Mt. Olivet Baptist Church (MOBC)

Background:

Located in St. Albans, Queens, Mount Olivet Baptist Church has been a vital part of the community for 62 years, offering food, affordable housing, and support to needy individuals. Founded by Rev. Phillip Hawkins and his wife, S.O. Hawkins, at 201-11 Hollis Ave, the church initially served as a worship space for African Americans relocating to a predominantly White neighborhood. Despite facing racial threats, vandalism, and destruction during its early years, the church persevered, eventually purchasing the property and expanding its presence.

Under the leadership of Pastor Frankco Harris, MOBC remains committed to its community service mission and aims to extend its impact by providing affordable housing tailored to local needs. The current church, designed by architect Henry Simmons, showcases stone and wood construction elements that the congregation would like to see incorporated into the new development. With ownership of three lots adjacent to the church, totaling 9,632 square feet, Mount Olivet is actively involved in affordable housing initiatives, currently owning seven units.

Concept:

The proposed concept plan outlines the development of a 23-unit building on the available lot, capitalizing on the as-of-right allowances. Situated within the C1-3/R5-B zoning district, the lot dimensions of 102(87.25) x 100 feet and a total lot area of 9,389 square feet provide the foundation for an optimized design. The plan adheres to the zoning regulations, considering a maximum Residential Zoning Floor Area (RZFA) of 12,675 square feet in conjunction with Affordable Independent Residences for Seniors (AIRS). The envisioned development allocates the proposed zoning floor area for residential use, totaling 12,675 square feet, and designates 4,900 square feet for community facilities. Notably, the concept plan accommodates the requirement for AIRS to enhance density and parking, ensuring a harmonious integration of housing and community amenities. Additionally, the plan includes provisions for three residential parking spaces, contributing to a thoughtful and balanced utilization of the available space.

The LISC NY team and MOBC completed the concept plan, detailed in Attachment D. As stated above, the Project spans three lots, with two existing two-story structures that need to be demolished. The third lot, a parking lot, has no existing structure. MOBC is exploring the ULURP process for potential Zoning Relief, aiming to increase the unit count to 33 with AIRS. However, the formal process is pending, providing insight into current progress and future development possibilities.

Located in St. Albans, Queens, Mount Olivet Baptist Church has been a vital part of the community for 62 years, offering food, affordable housing, and support to needy individuals. Founded by Rev. Phillip Hawkins and his wife, S.O. Hawkins, at 201-11 Hollis Ave, the church initially served as a worship space for African Americans relocating to a predominantly White neighborhood. Despite facing racial threats, vandalism, and destruction during its early years, the church persevered, eventually purchasing the property and expanding its presence.

Under the leadership of Pastor Frankco Harris, MOBC remains committed to its community service mission and aims to extend its impact by providing affordable housing tailored to local needs. The current church, designed by architect Henry Simmons, showcases stone and wood construction elements that the congregation would like to see incorporated into the new development. With ownership of three lots adjacent to the church, totaling 9,632 square feet, Mount Olivet is actively involved in affordable housing initiatives, currently owning seven units.

Concept:

The proposed concept plan outlines the development of a 23-unit building on the available lot, capitalizing on the as-of-right allowances. Situated within the C1-3/R5-B zoning district, the lot dimensions of 102(87.25) x 100 feet and a total lot area of 9,389 square feet provide the foundation for an optimized design. The plan adheres to the zoning regulations, considering a maximum Residential Zoning Floor Area (RZFA) of 12,675 square feet in conjunction with Affordable Independent Residences for Seniors (AIRS). The envisioned development allocates the proposed zoning floor area for residential use, totaling 12,675 square feet, and designates 4,900 square feet for community facilities. Notably, the concept plan accommodates the requirement for AIRS to enhance density and parking, ensuring a harmonious integration of housing and community amenities. Additionally, the plan includes provisions for three residential parking spaces, contributing to a thoughtful and balanced utilization of the available space.

The LISC NY team and MOBC completed the concept plan, detailed in Attachment D. As stated above, the Project spans three lots, with two existing two-story structures that need to be demolished. The third lot, a parking lot, has no existing structure. MOBC is exploring the ULURP process for potential Zoning Relief, aiming to increase the unit count to 33 with AIRS. However, the formal process is pending, providing insight into current progress and future development possibilities.

Mt. Moriah AME Church (MMAME)

Background:

Rev. Melvin D. Brown organized MMAME in February of 1959. The first service was held in a rented storefront at 146-06 Rockaway Boulevard, South Ozone Park, NY.

In February 1986, MMAME received its present Pastor, Rev. Robert Reese Lowe, who has served for over 38 years and continues to do so to this present date. The membership of MMAME has grown from a few members in a house to a ministry serving over 2,400 families. There are two Sunday morning services and a Friday Night Youth Service. Under his leadership, a two-million-dollar tower was erected and dedicated in October 1991. Because of MMAME's exponential growth, a new $16 million building is scheduled for construction. The plans for the new multi-media, state-of-the-art facility propose five levels: 1,500 seat sanctuary, a fellowship hall with outdoor gardens, a parking garage, a crisis and counseling center, an administrative level with an outdoor terrace, and a five-story glass atrium connecting the new tower with their present facility that will be utilized as their youth church, called the Promise House.

MMAME services the lives of men, women, singles, married couples, young adults, and children to enhance their spiritual, educational, economic, social, and community empowerment, thereby fulfilling their mission statement, "Building Believers to Build the Body" (See Attachment E for Concept Plan.)

Concept:

Over the past years, MMAME has acquired an 8,000 square feet property at 206-14 Linden Blvd. The concept plan envisions the development of a 14-unit building on this property in compliance with the as-of-right zoning regulations for the C1-3/R3-2 zoning district. The maximum Residential Zoning Floor Area (RZFA) allowed with Affordable Independent Residences for Seniors (AIRS) is 7,600 square feet, which aligns with the proposed residential floor area. Furthermore, the concept plan allocates 5,200 square feet for community facilities. The design also accounts for a total of five residential parking spaces. This comprehensive plan aims to optimize the use of the available space while adhering to zoning regulations and providing valuable community amenities. (See Attachment E.)

As stated above, the proposed concept plan involves constructing a 14-unit building and 5,200 square feet of commercial space. The breakdown of the proposed unit mix is as follows:

UNIT MIX

Bedroom Size

Unit Mix

Percentage

0 Bedroom

14

100

Total

14

100


                                                          SCOPE OF SERVICES



SUMMARY OF SERVICES


The Co-Developer and MDOs/FBOs shall co-manage a full-service Development Team to refine and implement the Site Concept Plan and direct the Project's design, development, and financing. The Co-Developer, subject to the financing and implementation plan, shall propose and incorporate a variety of funding sources, including 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 proposed for use. MDOs/FBOs will undertake no financial or guaranty obligations unless explicitly accepted in writing by MDOs/FBOs.


The selected Co-Developer will implement the development program pursuant to the Master Development Agreement (MDA) between the Co-Developer and the MDO/FBO.


MDOs/FBOs also reserve the right to select one or more Co-Developers. The Co-Developers will work solely with MDOs/FBOs to develop the Project.




ROLE OF MDOs/FBOs


MDOs/FBOs will be co-owners and must be included in and approve critical decisions in all aspects of the Project's planning and development, 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 RFQ to MDOs/FBOs having rights of review, approval, etc., shall mean MDOs/FBOs or their affiliates.

Predevelopment

MDOs/FBOs will be involved in the predevelopment process and review and must approve all project contracts, invoices, and draws for approval. Such approval shall not be unreasonably withheld.

  • Investor Solicitation - MDOs/FBOs will review the Co-Developer's construction financing and equity investor solicitation, list of potential investors, and responses. The Co-Developer shall conduct the investor solicitation process in a way that ensures maximum participation. Such approval shall not be unreasonably withheld.
  • Participation in Site/Unit Design - MDOs/FBOs expect the Co-Developer to review and incorporate the completed site conceptual design into the design documents. MDOs/FBOs will be involved throughout the design processes to finalize the site plan, the building designs, and the floor plans. MDOs/FBOs will also review and approve the construction drawings and specifications. Such approval shall not be unreasonably withheld.
  • Preferred Property Management Concept - MDOs/FBOs expect to participate in selecting the residential property manager. Such approval shall not be unreasonably withheld.
  • Marketing and Lease-up - The property manager(s), selected by the Co-Developer with the approval of the MDO/FBO, 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 - MDOs/FBOs expect the Co-Developer to provide one hundred (100%) percent of the pre-approved third-party predevelopment costs.   
  • Development Fees - MDOs/FBOs or their affiliates will act as co-developers and receive a negotiated share of the Developer Fee.
  • Asset Manager - MDOs/FBOs will have asset management responsibilities related to units in which they or their affiliates have an ownership interest.


MINIMUM REQUIREMENTS FOR CO-DEVELOPER



Respondents to the RFQ must meet the following minimum requirements:
  • Must have at least five (5) years of experience developing affordable housing of comparable size and scope to the Projects outlined in this RFQ, including knowledge of and experience with 9% (LIHTC) Low-Income Housing Tax Credits.
  • Must have developed and completed at least two projects of comparable size and scope to the Projects outlined in this RFQ within the last ten (10) years.
  • Must have experience successfully accessing private equity, debt financing, government grants, and/or loans and/or be able to do so reasonably.


ROLE OF CO-DEVELOPER



MDOs/FBOs will be co-owners and must be included in and approve critical decisions in all aspects of the Project's planning and development, 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 RFQ to MDOs/FBOs having rights of review, approval, etc., shall mean MDOs/FBOs or their affiliates.

Throughout the development effort, including each component phase, the Co-Developer will work closely with all stakeholders, including MDO/FBO and its consultants, the surrounding community, the municipalities, and appropriate federal/local agencies. In addition, the Co-Developer will ensure that the development plan is approved, financed, and implemented promptly. 

General

Assist MDOs/FBOs with refining their Site Concepts to achieve the desired objectives for the Projects
Implement Development Efforts – Provide the necessary expertise, supervision, and guarantees to implement all aspects of the development fully and expeditiously as required by the Master Development Agreement (MDA). The MDA is a contract between MDO/FBO or an affiliate thereof and the Co-Developer that details the obligations of both parties and specifies the standards and conditions that will govern the development of the Site.
Acquisition Financing –Co-Developer will obtain all financing necessary to satisfy all site acquisition requirements in a manner mutually agreeable and acceptable to all lenders, investors, and parties in interest.
Hire and Manage Additional Consultants and Development Team Members Necessary for Planning and Implementation – The Development Team shall include, at a minimum, the Co-Developers, Project Architect, Attorney, Energy Consultant, and Property Manager. Proposed Development Team members must be submitted with the Offeror’s response to this RFQ.
Partner with MDOs/FBOs to Develop Funding Applications as Necessary to Fully Implement the Development Strategy - Procure other consultants or contractors and coordinate all tasks required for all financing applications, finalizing the site-specific development plans and all implementation tasks. At a minimum, the Co-Developer will jointly procure, oversee, and manage consultants appropriately as necessary to complete funding applications, master planning, architectural, environmental review, market analysis, geotechnical studies, civil, mechanical, and electrical engineering, and any other activities deemed necessary by the Co-Developer and MDOs/FBOs. Respondents are strongly encouraged to demonstrate participation on their team, whether by joint-venture arrangements or otherwise, of local expertise in areas relevant to the planning and development process, including LIHTC financing, design, and construction matters.
Maintain Communication Regarding Project Progress with MDOs/FBOs, Lenders, Investor, All Key Stakeholders, and the Larger Public – MDOs/FBOs will establish a regular schedule of team meetings in which the Co-Developer will participate. Moreover, the Co-Developer will be responsible for submitting monthly progress reports to MDOs/FBOs in such formats and media as it might direct on the project status and schedule, including but not limited to design, permits, financing, resident coordination, etc.
Develop and Maintain Quality Control Measures—The Co-Developer is responsible for ensuring the Project is constructed and managed with the highest-quality materials and workmanship. In addition, the Co-Developer will be required to implement quality assurance and control measures to ensure adequate performance by all parties in all aspects of the program.
Develop and Maintain a Detailed Development Schedule and Critical Path Schedule - The Co-Developer will develop and maintain a detailed schedule of events predicated on financing deadlines that include predevelopment activities, construction start, project stabilization, and permanent loan close. In addition, they will develop a Critical Path Schedule for all phases of construction, lease-up, and stabilization.
Be Responsive to the Local Community, Neighborhood, and Governmental Interest – The Co-Developer will work with MDOs/FBOs to promote and maintain good relations with community and neighborhood groups and federal, state, and local governments.
Compliance with Laws and Regulations – The Co-Developer will comply with all applicable federal and local laws, rules, and regulations for the activities required by the Master Development Agreement.
MBE/WBE/BIPOC Opportunities – The Co-Developer will take all necessary affirmative steps to assure that disadvantaged, minority, women-owned business, and BIPOC-led enterprises (MBE/WBE/BIPOC) are used to the greatest extent feasible in compliance with federal policy and consistent with LISC NY and MDOs/FBO's Employment, Training, and Contracting Policy. MDO/FBO’s goals and expectations are that the Co-Developer will meet or exceed 30% of the total value of all contracts and subcontracts awarded to MBE/WBE/BIPOC-led firms.
Local Contracting —The Co-Developer shall undertake reasonable efforts to involve qualified local consultants and contractors in the redevelopment effort. For this purpose, "local" means firms located in the locality in which the Project is being developed. It is important to note that any proposed architect of record and engineers must be licensed to work in the State of New York and included in the Respondent's Statement of Qualifications in response to this RFQ.

Predevelopment

Planning and Design - The selected Co-Developer and MDOs/FBOs shall work jointly to lead a progressive architectural team rendering a signature state-of-the-art design in affordable housing utilizing the Principles for Building Resilience in housing in New York State.
Prepare Development Plan - In consultation with MDOs/FBOs, the residents, the community, leaders, and other interested stakeholders, the Co-Developer will refine the concept plan for the Project to be consistent with program goals and acceptable to MDOs/FBOs.
Plans and Specifications - Subject to the review and approval of MDOs/FBOs, the Co-Developer, jointly with MDOs/FBOs, will be responsible for refining and finalizing the infrastructure and building plans and specifications prepared to date by MDOs/FBOs to ensure they comply with the requirements of all permitting and regulatory entities. All such documents and designs will be subject to MDOs/FBOs' review and approval.

Financing

Produce an Overall Financing Plan - The Co-Developer, in conjunction with MDOs/FBOs, will finalize the financing plan for the overall development effort. The comprehensive financing plan and market analysis will be developed alongside the development plan. The development plan shall reflect the realities of the overall financing plan, market analysis, and programmatic goals of MDOs/FBOs.
Financing Applications (s) - Per the Master Development Agreement, the Co-Developer will be required to pursue diligently and use best efforts to obtain all financing necessary to implement the development plans in a timely fashion, which may include, but not be limited to - tax credits, tax-exempt bonds, federal/state/local funds, and private debt.
Maximize the Leveraging of Public and Private Resources - MDO/FBO and Co-Developer shall maximize and leverage public and private resources to pursue all reasonable financing and funding sources from wherever situated. The parties shall jointly coordinate, discuss, and negotiate all financing terms with financial institutions and private partners, etc. Said negotiations shall be subject to review and approval by MDO/FBO. Any identity of interest between the Co-Developer and any lender, syndicator, or other financing Partner(s) must be timely disclosed, and the Co-Developer must demonstrate how the proposed terms are most favorable to other terms available in the market.
Obtain Equity Investment - Utilizing an open and competitive process, MDO/FBO and the Co-Developer shall obtain equity financing commitments with the best terms currently available per the Master Development Agreement. MDO/FBO intends to participate in developing the solicitation documents for investors by reviewing the letters of interest received and ranking and scoring all responses. All investors for the Project will require the approval of MDO/FBO and the co-developer.
Guarantees - In accordance with the Master Development Agreement, provide all guarantees required for the successful financing of the development effort, including completion guarantees, operating deficit guarantees, tax credit adjuster or recapture guarantees, and guarantees of performance under the Agreement. In addition, MDO/FBO will require that the Co-Developer demonstrate financial ability to honor the guarantees.
Operating Feasibility – As required in the Master Development Agreement, structure such reserves and other devices as necessary to guarantee the long-term operating feasibility of the Project reasonably.
Accounting/Financing - Pursuant to the Master Development Agreement, MDO/FBO and the Co-Developer shall maintain all accounting and finance records, and the Co-Developer shall ensure Project financing is available at the appropriate times and utilized in the appropriate manner.

Construction

Hire a Qualified General Contractor or Construction Manager to Oversee Construction Activities – MDO/FBO and Co-Developer will create and implement a competitive process for selecting the most qualified General Contractor or Construction Manager. During construction, the Co-Developer shall provide oversight and management of construction activities to ensure the expeditious implementation of the Project, subject to the review and approval of MDO/FBO. As regular on-site construction monitoring is critical to the success of the Project, the Co-Developer must have a reasonable on-site presence during the term of construction. Any identity of interest between the Co-Developer and the General Contractor or Construction Manager must be disclosed and approved by MDO/FBO, lenders, and investors.
Facilitate Necessary Site Improvements – According to the Master Development Agreement, the Co-Developer, in cooperation with MDO/FBO, shall initiate and complete site work and infrastructure construction with review and approval by MDO/FBO.
 Implement Development Program – Per the final development plans approved by lenders, investors, and regulatory agencies and subject to review and approval of MDO/FBO, the Co-Developer will develop all improvements associated with the development program.

Ownership and Asset Management

Organize Ownership Entity - Upon completion of the development plan, the MDO/FBO and the Co-Developer will jointly structure and organize an ownership entity approved by MDO/FBO and meeting the requirements of any and all other financing entities. Said entity shall be subject to approval by lenders, investors, et al.
Ensure the Short- and Long-term Viability of the Project -  MDO/FBO and Co-Developer shall jointly develop and implement marketing, re-occupancy, asset, and property management plans to ensure the Project’s short- and long-term viability.

            MDO/FBO RESERVATION OF RIGHTS AND CONFLICT OF INTEREST


                                    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 the MDO/FBO’s Board of Directors, Governing Body, or any member of the officer’s immediate family.

2.     Any MDO/FBO employee who formulates policy or influences decisions concerning MDO/FBO project(s) 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 RFQ so long as any potential conflict is disclosed. In its sole discretion, MDO/FBO 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).

 

DISCLOSURE STATEMENT

Before awarding and while conducting business with MDOs/FBOs, 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 disclosure, in writing, to the MDO/FBO. The Disclosure Statement must be presented on the Respondent's letterhead, notarized, and signed by the individual making the disclosure.

 

CONTRACTOR RESPONSIBILITY

MDOs/FBOs will only 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 records, 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 local real property taxes, water, and sewer charges or have entered into and comply 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 Local Building Code violations concerning properties owned or managed by the Respondent or any of its principals or related entities, and such findings need to be adequately addressed.

ADVERSE FINDINGS

 

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

·      Past or pending government or private mortgage foreclosure proceedings or arrears concerning 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, 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

·      An adverse history with the City of New York 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 RFQ, the Respondent shall disclose that information in its proposal.

 

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

 

OWNERSHIP OF DOCUMENTS

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

REJECTION OF PROPOSALS

Each MDO/FBO may reject any proposal.

CO-DEVELOPER STATUS

The Co-Developer shall be an independent contractor, not an employee of LISC NYC or the MDOs/FBOs.

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 LISC NY and the MDOs/FBOs in writing specifying the regulation which requires an alteration. Each MDO/FBO reserves the right to accept any such alteration, including any reasonable price adjustments, or to cancel the contract at no expense to MDO/FBO.

                                                                      ADVERTISING

Respondent agrees not to use the facts or results from the proposal submitted as part of any commercial advertising. The MDOs/FBOs do not permit using the MDOs/FBOs’ relationship with an entity for marketing efforts unless such MDO/FBO 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

LISC NY, 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, and Local laws, regulations, ordinances, and requirements relevant to the work described herein, including, but not limited to, those applicable laws, rules, and provisions 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, Section 501 of the Internal Revenue Code, 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. At the Co-Developer's expense, the Co-Developer shall obtain such permits, certificates, and licenses as may be required to perform the work specified.

 

INDEMNIFICATION

LISC NY and MDOs/FBOs cannot, and by the Agreement relating to this RFQ, do 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.

QUESTIONS

Due Date for Questions: Questions regarding matters related to this RFP or requests for further information must be submitted in writing no later than Monday, May 27, 2024, at 3 P.M. EST. Questions will be addressed by addendum on or before Monday, June 3, 2024, which will be published on LISC NY’s website.  

It is the responsibility of the Respondent to check the website before submission of a proposal to review and download the addenda issued. The Respondent shall also note on their cover letters that they acknowledge any addendums posted.

                                                 SUBMITTAL LAYOUT



Respondents shall submit their responses to the RFQ by completing this application.

The following documentation must be uploaded to the LISC NY website as part of the Respondent's response to the RFQ. Respondents shall provide the following information. Responses must address all items and clearly label all sections, graphics, and tables within the response if necessary. LISC NY and the MDOs/FBOs have not set a specific page limit for Responses; however, there is an expectation to receive thorough and concise Responses. Respondents must complete the Non-Collusive Affidavit. (See Exhibit A)

 

1.         Qualifications and Experience. Provide a description of your qualifications and relevant experience with at least two examples but at most five comparable projects in the past 10 years. Examples should highlight experience with developing and operating projects of similar size and scope, with particular emphasis on complex mixed-use projects located in an urban environment and projects developed through public-private partnerships. Respondents must also complete the Residential Development Experience Worksheet. (See Exhibit B)

2.         Describe the legal entity with whom the MDO/FBO would contract.

3.         Provide bios for and descriptions of the roles of key individuals in the development team and any consultants who would be involved in negotiations, project management, project design, and implementation, including their background and experience, reflecting their capabilities and experience with similar projects.

4.         Describe your financial capacity, liquidity, debt to equity, and ability to secure financing. The Developer must submit additional financial information about the development entity and its owners while negotiating the MDA with the MDO/FBO.

5.         Disclose any litigation that could materially adversely affect the development entity's financial condition and disclose any bankruptcy filings by the development entity or affiliates within the past five (5) years.

EVALUATION CRITERIA

SELECTION PROCESS


Each submission will be evaluated based on its responsiveness to this RFQ and primarily per the Evaluation Criteria in the following table. MDOs/FBOs will make every effort to ensure that all Responses are treated fairly and equally throughout the selection process. MDOs/FBOs will select the Respondent whose proposal is in the best interest of the MDO/FBO. MDOs/FBOs intend to follow the following selection process:


  1. Identify a shortlist of Respondents.
  2. Identify a First- and Second-ranked Respondent: MDO/FBO will notify the Respondents selected for the shortlist and may ask them to participate in an interview to discuss their qualifications in further detail. MDO/FBO may select a first-ranked and second-ranked Respondent.
  3. Negotiations with First-ranked Respondent: The first-ranked Respondent will be given a defined period to negotiate and execute an MDA with the MDO/FBO. If exclusive negotiations are conducted and an agreement is not reached, MDOs/FBOs reserve the right to enter into negotiations with the next highest-ranked Respondent without the need to repeat the formal solicitation process.
  4. Final selection and subsequent agreements are subject to approval by LISC NY.


SELECTION CRITERIA

 

The following is a guide to the criteria that will be used in evaluating development teams:

            1.         Development Team Characteristics

                           a.             Quality and completeness of information submitted in response to this RFQ

                           b.             Evaluation of past projects and experience

                           c.          Experience with affordable housing financing mechanisms, including Low-Income Housing Tax credits

                           d.             Experience of key members

                       

            2.         Financial Capability

                       a.         Demonstrated ability to secure funding, including experience with public-private partnerships

                             b.           Degree of capitalization as an entity

SELECTION PROCESS


CANCELLATION OF RFP


LISC NY and the MDOs/FBOs reserve the right to cancel this RFQ or to reject, in whole or in part, all submissions received in response to this RFQ upon their determination to be in the best interest of MDOs/FBOs. LISC NY and the MDOs/FBOs further reserve the right to waive any minor informality in any submissions. The decision as to who shall receive a contract award or whether an award shall be made because of this RFQ shall be at the MDO/FBO’s sole discretion.

SUBMISSIONS
















Final Step: Please review the information below, e-sign and submit your application

Thank you for completing your application. Please click 'Submit' below to complete your submission. 

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.

For general questions, please check the LISC NY NYLOP page regularly for updates about the New York Land Opportunity Program. For additional questions not answered by the FAQ, please email NYLOP@lisc.org.
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For updates on additional resources and programs, visit the LISC NY NYLOP page.

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