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

REQUEST FOR QUALIFICATIONS FOR CO-DEVELOPERS OF 154 FRANKLIN AVENUE, 148 FRANKLIN AVENUE, AND 125 EAST 3RD ST ON THE CORNER OF EAST 3RD STREET AND FRANKLIN AVENUE IN MOUNT VERNON, NY

The purpose of this Request for Qualifications (RFQ) is to select a partner to serve as the Co-Developer with Oneness Community Development Corporation (OCDC) to redevelop the sites  located at 154 Franklin Avenue, 148 Franklin Avenue and 1225 East 3rd Street, Mount Vernon, NY (Project or Site). LISC NY selected OCDC to participate in its 2023 New York Land Opportunity Program (NYLOP) cohort.

The Request for Qualifications, comprised of the instructions and requirements governing this solicitation process, the scope of services to be performed, and other pertinent information, may be downloaded on the LISC NY website. In addition, all firms must provide an email address where all subsequent communications from LISC NY and OCDC will be sent.

Respondents can submit their responses to the RFQ by completing the application and uploading the required exhibits. The application deadline is no later than 3:00 P.M. EST Monday, December 9, 2024. Responses will be evaluated and scored based on the evaluation committee's criteria outlined in the RFP.

OCDC reserves the right to reject all proposals and to waive any informality in the procurement process. OCDC will not be liable for any claims, loss, damages, or respondent costs resulting from any part of this Request for Proposals process. This announcement complies with the requirements of applicable federal and local laws and regulations. 

Monica Dean
Director of Housing
LISC New York | Local Initiatives Support Corporation

RFP SCHEDULE

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

 

 

DATE

TIME

Issue Date:

Thursday, October 24, 2024

N/A

Non-Mandatory Information Session (Virtual and In-person):

Tuesday, October 29, 2024


2:00 P.M. EST 


Join us on Zoom


Join us in-person:

 

Oneness Rehoboth Apostolic Church

154 Franklin Avenue

Mount Vernon, NY 10550

 

Deadline for Questions:

Wednesday, November 13, 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


OCDC will not respond to questions submitted after the deadline.

Responses to Questions:  

Monday, November 18, 2024


Posted on the LISC NY Website

 

Proposal Due Date:

Monday, December 9, 2024

3:00 P.M. EST.


RFP Submission Form

 

NO APPLICATIONS WILL BE ACCEPTED AFTER THE DEADLINE

Team Evaluation Period:

Three Weeks

Team Meeting:

TBD

Interview (if applicable):

TBD


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

RFP CONTACT                                                                                       


The Point of Contact for this RFP is:

Jimmy Miller, Development Consultant

NYLOP@lisc.org


Communications


According to this RFQ, all procurement actions facilitated by LISC NY and OCDC will be conducted openly, transparently, and competitively. Subsequently, LISC NY and OCDC will consider competitive transaction pricing, quality of work, reputation, referrals, and understanding of the solicited deliverables and requirements. LISC NY and OCDC support soliciting proposals from all markets with a geographical preference for applicants with relevant 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 OCDC as contractors and subcontractors.


To maintain a fair and impartial competitive process, LISC NY, OCDC, and any outside consultants assisting LISC NY or OCDC 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 OCDC staff or outside consultants assisting OCDC 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. LISC NY or OCDC reserves the right to reject the proposal of any Respondent violating this provision.


BACKGROUND INFORMATION ON ONENESS COMMUNITY DEVELOPMENT CORPORATION


OCDC is a mission-driven 501(c) 3 organization whose priority is to develop affordable housing in Mount Vernon, NY. OCDC was formed on October 31, 2018, with a vision to lead in the development of a community free of violence, homelessness, poverty, and trauma, where youth, individuals, and families are safe, stable, and thriving.


The OCDC is under the auspices ORAC. ORAC was founded in 1982. Since its inception, ORAC’s mission is to provide spiritual, emotional physical and social services to its congregants and its community members.


For over 40 years, ORAC has provided Mount Vernon, New York and the surrounding areas with outreach services that include: prison ministry, teaching parolees anger management, teaching Life Skills to the community, serving the homeless and the formerly homeless, visiting nursing homes, providing displaced families with temporary shelter, food, and clothing pantries, as well as serving monthly community dinners.


The OCDC’s mission is to develop and implement programs that empower and improve the quality of life for youth, individuals and families through housing, economic empowerment, health, education, and employment.


Developing their property for affordable housing is aligned with their mission to provide economic empowerment, health, education, and employment. Examples include:


The utilization of the recreation/community spaces within our housing developments to promote financial literacy, health seminars, art, physical fitness, basketball clinic, voter registration, vocational, training, job fairs and employment opportunities.


Quality housing will attract teachers, police, nurses, firefighters, and other key service providers to the community which will in turn increase community governance.


The OCDC’s affordable housing will be the catalyst that will bring about all the other components we seek to attain in our mission and vison statements. The OCDC board of directors is the governing body, and all directors are in full support of the undertaking of this endeavor.


ORAC has approximately 500 congregants who are in support of this endeavor.


INTRODUCTION

OVERVIEW OF NYLOP


For years, LISC NY has partnered with Mission Driven and Faith-Based Organizations (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
  • Owner of Land in High Opportunity Areas
  • Tax-Exempt Status
  • Organizational Time, Volunteers, Finances, and Land


LISC NY New York Land Opportunities (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 to include 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/Architects (ESKW) as the architectural consultant, to help move the Oneness Community Development Corporation (OCDC) 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.


LISC NY in conjunction with the OCDC is issuing this Request for Qualifications (RFQ) to qualified developers to partner with OCDC properties to develop 154 Franklin Avenue, 148 Franklin Avenue and 125 East 3rd Street, and the Corner of 3rd Street, Mt. Vernon, NY (Project). The Project is currently owned by Oneness Rehoboth Apostolic Church (ORAC), an affiliated entity of OCDC. Per this RFQ, LISC NY is requesting qualifications from qualified Respondents to serve as a Co-Developer with OCDC to develop the Project. This 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.



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, December 9, 2024 at 3:00 P.M. EST. 

SCOPE OF SERVICES



SITE CONCEPT PLANS 



The first step in the conceptual planning process is that LISC NY’s experts work with the OCDC to develop a vision for their projects. OCDC expressed their desire to create up to mixed-use, mixed- income development containing up to 232 units of senior, affordable, market-rate, and homeownership housing. The proposed concept plan also calls for community and commercial facilities. Part of the visioning process is to try to determine obstacles that could impede the group’s ability to achieve its vision. Through the visioning process we have determined that zoning relief is needed for ORAC to optimize the number of affordable and market rate units that it can build on its two lots. OCDC is working with the City to achieve the zoning relief needed to accomplish its vision.

The development of market-rate and homeownership units acknowledges the need to increase diversity of housing in Mt. Vernon. Additionally, the Project is expected to create about 300 construction jobs and about 30 permanent jobs. The job creation will spur long-term sustainable economic growth in the community and the city.

Zoning Relief

The architectural firm ESKW developed two simple preliminary tests fits for the two lots employing the nearby MX-1 Commercial Corridor District Zoning requirements. The MX-1 Commercial Corridor District zoning regulations allow six-story buildings with the first floor being non-residential. The unit matrix outlined below assumes two nine-story buildings. The concept plans call for the development of 232 units as outlined below. The 232 units assume two nine-story buildings.

154 Franklin, 148 Franklin, and 125 East 3rd (Elderly, Mixed-Income)

 

Bedroom Size

Unit Mix

Percentage

1 Bedroom

72

90

2 Bedroom

8

10

Total

80

100


Corner of 3rd Street and Franklin (Mixed Income/Family/Rental/Homeownership)

 

Bedroom Size

Unit Mix

Percentage

1 Bedroom

104

68

2 Bedroom

40

27

3 Bedroom

8

5

Total

152100

The proposed Concept Plans is attached hereto as Attachment A.1 and Attachment A.2.

SUMMARY OF SERVICES

The Co-Developer and OCDC 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. The OCDC will undertake no financial or guaranty obligations unless explicitly accepted in writing by the OCDC.

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

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

ROLE OF THE OCDC

The OCDC will be a co-owner 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 OCDC having rights of review, approval, etc., shall mean the OCDC or its affiliates.

Predevelopment

  • OCDC 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—OCDC 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 Designs—OCDC expects the Co-Developer to review and incorporate the completed site conceptual design into the design documents. OCDC will be involved throughout the design processes to finalize the site plan, the building designs, and the floor plans. OCDC will also review and approve the construction drawings and specifications. Such approval shall not be unreasonably withheld.
  • Preferred Property Management Concept – OCDC expects 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 OCDC, 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

  • Purchase Price – As required by state law, ORAC must receive at least the fair market value of the Project in addition to any other consideration.
  • Predevelopment Funding – OCDC expects the Co-Developer to provide one hundred (100%) percent of the pre-approved third-party predevelopment costs.
  • Development Fees—OCDC or its affiliates will act as co-developers and receive a negotiated share of the Developer Fee.
  • Asset Manager—OCDC will have asset management responsibilities related to units in which they or their affiliates have an ownership interest.

MINIMUM REQUIREMENT 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 Project 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.
  • Developer with experience transitioning ownership and operation to non-profit after stabilization.

ROLE OF CO-DEVELOPER 

Throughout the development effort, including each component phase, the Co-Developer will work closely with all stakeholders, including OCDC 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.

With respect to the rental units and subject to lender and investor approval, OCDC prefers a fee developer who will exit the deal after stabilization. Typically, a fee developer exits the deal after successful completion of key development milestones which includes the development and lease up stages. In this case, OCDC expects the developer to exit the deal once the Project reaches stabilization and, therefore, would not have an ownership interest in the Project.

With respect to the homeownership units, the fee developer would be responsible for all aspects of the Project until the Project is completed, and a majority of the units have been sold, thereby 
ensuring a smooth transition to the homeownership association (HOA). The fee developer would also help ensure that the HOA has the capability to manage the property going forward.

General
  • Assist OCDC with refining its Site Concepts to achieve the desired objectives for the Project.
  • 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 OCDC 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 OCDC 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 OCDC. 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 OCDC, Lenders, Investors, All Key Stakeholders, and the Larger Public – OCDC 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 OCDC 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 Local Community, Neighborhood, and Governmental Interests – The Co- Developer will work with OCDC 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 OCDC’S Employment, Training, and Contracting Policy. LISC NY and OCDC’s 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 OCDC 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 Plans—In consultation with OCDC, 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 OCDC.
  • Plans and Specifications—Subject to the review and approval of OCDC, the Co-Developer, jointly with OCDC, will be responsible for refining and finalizing the infrastructure and building plans and specifications prepared to date by OCDC to ensure they comply with the requirements of all permitting and regulatory entities. All such documents and designs will be subject to OCDC's review and approval.
Financing
  • Produce an Overall Financing Plan –The Co-Developer, in conjunction with OCDC, 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 OCDC.
  • Financing Application(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 – OCDC 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 OCDC. 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, OCDC and the Co- Developer shall obtain equity financing commitments with the best terms currently available per the Master Development Agreement. OCDC 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 OCDC 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, OCDC 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, OCDC 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 – OCDC 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 OCDC. 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 OCDC, lenders, and investors.
  • Facilitate Necessary Site Improvements – According to the Master Development Agreement, the Co-Developer, in cooperation with OCDC, shall initiate and complete site work and infrastructure construction with review and approval by OCDC.
  • Implement Development Program – Per the final development plans approved by lenders, investors, and regulatory agencies and subject to review and approval of OCDC, 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 OCDC and the Co- Developer will jointly structure and organize an ownership entity approved by OCDC 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 – OCDC 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.

OCDC RESERVATION OF RIGHTS AND CONFLICT OF INTEREST

  1. OCDC is the sole judge of each proposal's conformance with the requirements of this Request for Proposals and the merits of such submission.
  2. OCDC 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 OCDC in its sole and absolute discretion.
  4. All submitted proposals are the property of OCDC. OCDC is not liable for any costs or expenses incurred by a Respondent in preparing proposals, negotiations, or discussions with OCDC 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.
  5. The  Project Site will be delivered in its "as is" condition, subject to any environmental conditions, hazards, or other title matters.
  6. The OCDC, 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.
  7. 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).
  8. 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 OCDC.


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 OCDC’s Board of Directors, Governing Body, or any member of the officer’s immediate family.
  2. Any OCDC employee who formulates policy or influences decisions concerning the OCDC 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 OCDC 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 Respondent is conducting business with OCDC, 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 OCDC. The Disclosure Statement must be presented on the Respondent's letterhead, notarized, and signed by the individual making the disclosure.  



CONTRACTOR RESPONSIBILITY


OCDC 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. OCDC will corroborate this information.


Each Respondent's principals, officers, directors, and Partner(s) must be in good standing with OCDC 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 OCDC according to this RFP become the property of OCDC upon receipt. Respondents shall not copyright, or cause to be copyrighted, any portion of any document submitted to OCDC because of this RFP.


REJECTION OF PROPOSALS


OCDC may reject any proposals. 


CO-DEVELOPER STATUS


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


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


ADVERTISING


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


OCDC 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.

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, November 13, 2024, at 3 P.M. EST. Questions will be addressed by addendum on or before Monday, November 18, 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 REQUIREMENTS

Respondents shall submit their responses to the RFQ by completing the application at the RFQ submission link.  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 OCDC 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 OCDC would contract.
  3. Provide resumes 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. Please provide an organizational chart.
  4. Please provide your last two years’ audited financial statements.
  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


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.


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

  1. Identify a shortlist of Respondents.
  2. Identify a First- and Second-ranked Respondent: OCDC will notify the Respondents selected for the shortlist and may ask them to participate in an interview to discuss their qualifications in further detail. OCDC 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 OCDC. If exclusive negotiations are conducted and an agreement is not reached, OCDC reserves 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 PROCESS

SELECTION CRITERIA


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

  1. Development Team Characteristics
    • Quality and completeness of information submitted in response to this RFQ
    • Evaluation of the organization’s relevant past projects and experience successfully completing projects of a comparable size and scope as the one outlined in this RFQ
    • Experience with affordable housing financing mechanisms, including Low- Income Housing Tax credits, particularly experience working with the New York State Homes and Community Renewal (HCR)
    • Relevant experience of key members successfully completing projects of a comparable size and scope as the one outlined in this RFQ
    • Experience with transitioning ownership or managing an MDO/FBO after project completion or stabilization
  2. Financial Capability
    • Demonstrated ability to secure funding, including experience with public- private partnerships
    • Degree of capitalization liquidity as an entity 


                                                                                 CANCELLATION OF RFQ


LISC NY, ORAC and OCDC 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 OCDC. LISC NY and OCDC 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 OCDC’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.