CITY OF SYRACUSE REQUEST FOR PROPOSAL

Transcription

1 CITY OF SYRACUSE REQUEST FOR PROPOSAL Syracuse $1 Home Redevelopment of City of Syracuse Owned Real Estate On behalf of the City of Syracuse Department of Community Development RFP REFERENCE # Division of Purchase Office of Management and Budget

2 SUBMISSION DUE DATE RFP Proposals must be delivered to: Mr. Robert Sprague Director Office of Management and Budget, Division of Purchase Room 221City Hall 233 East Washington Street Syracuse, NY RFP Proposals are due no later than 2:30 pm Thursday, November 13th, Proposals received after that date will not be considered. ADDITIONAL INFORMATION: Please direct any questions to: Mr. Andrew M. Maxwell The City of Syracuse Department of Community Development Division of Neighborhood Planning Room 412 City Hall Commons 201 East Washington Street Syracuse, NY (315) PRE-SUBMISSION CONFERENCE A pre-submission conference will be held on Monday, October 20,2008 at 9:00 a.m. in the Rural Metro Office,488 West Onondaga Street, Syracuse, New York. Attendance at the Pre-Submission Conference is not required. However, in submitting a proposal, a respondent is agreeing and representing that the respondent had all the information necessary for the respondent to complete and submit the proposal and is waiving any and all claims against the City, CPC and their agents and employees relating to the submission of the respondent s proposal. INSPECTION OF CITY OWNED REAL ESTATE Anyone considering submitting a proposal will be granted access to the City owned real estate on Monday, October 20,2008 after the Pre-Submission Conference until 4:00 p.m., for the purpose of inspecting the City owned real estate to assist in the preparation and submission of proposals. All City owned real estate can also be inspected on October 21, 2008 from 11:00 a.m. to 4:00 p.m. Before being allowed access to the City owned real estate being offered as part of this RFP, each person shall be required to execute a waiver of liability form. 9

3 TABLE OF CONTENTS Page Section I - General Information for Respondents...1 Deadline for Proposal Submission...1 Insurance...1 Duration...1 Termination...1 Unbalanced Proposals..2 Budgetary Funding...2 Exceptions 2 Award...2 Proposal and Qualifications Review 2 Purchase and Sales Contract 2 Notice to Respondents...3 Section II Scope of Proposal...4 Introduction...4 RFP Process...5 Program Guidelines...5 Selection Criteria...6 Submission Requirements...8 Submission Due Date...9 Additional Info contact personnel...9 Pre-Submission Conference...9 Inspection of City Owned Real Estate...9 Conditions, Terms and Limitations...10 Conflicts of Interest...11 Exhibits...12 Section III Proposal Forms...13 Proposal for the Syracuse $1 Home Redevelopment of City of Syracuse Owned Real Estate Program..14 Non-Collusive Certification...25 Non-Discrimination Statement...26 Disclosure Statement...27 Signature Page...30 Attachment A Syracuse $1 Home Redevelopment Program Asset Statement...end Attachment B Real Estate Owned...end Attachment C Rehabilitation Plan City $1 Program Estimate of Costs end Attachment D Sample Purchase and Sales Contract end i

4 SECTION I GENERAL INFORMATION FOR RESPONDENTS ALL PROPOSALS MUST BE RECEIVED PRIOR TO 2:30 P.M. THURSDAY, NOVEMBER 13 th, 2008 AT THE OFFICE OF MANAGEMENT AND BUDGET, DIVISION OF PURCHASE, ROOM 221 CITY HALL, SYRACUSE, NEW YORK. BE SURE THAT YOU HAVE COMPLETED AND ATTACHED ALL OF THE INFORMATION REQUIRED IN THESE SPECIFICATIONS. ONE (1) ORIGINAL AND EIGHT (8) COPIES OF YOUR PROPOSAL ARE REQUIRED. SPECIAL NOTE: PROPOSAL PACKAGES MUST BE SEALED AND CLEARLY MARKED ON THE EXTERIOR SHOWING THE PROPOSAL NAME AND REFERENCE NUMBER AS LISTED IN THIS SOLICITATION! PLEASE PRINT THE WORDS ORIGINAL ON YOUR ORIGINAL COPY RFP REFERENCE # INSURANCE: Successful respondents, who are not financing the rehabilitation of awarded City owned real estate through a Banking Organization as defined in Section 2 of New York Banking Law, as amended, shall be required to secure, at their expense, a homeowners insurance policy for the real estate being purchased and rehabilitated. The insurance shall be in the minimum amount of $1,000, per claim and $1,000, as the aggregate of liability. The homeowners insurance policy must include coverage for general liability and fire and cover all rehabilitation work being performed on the real estate as is required by the Purchase and Sales Contract between the City and the successful respondent. The insurance policy shall name the City of Syracuse as additionally insured. DURATION OF PROPOSAL: The duration of this proposal shall be for the period of time it takes for the successful respondent to both close on the real estate being purchased and successfully rehabilitate the real estate in accordance with the terms of the Purchase and Sales Contract. A successful respondent must complete the rehabilitation of the real estate no later than eighteen months from the date that legal title from the City owned real estate is transferred to the successful respondent. TERMINATION: The City of Syracuse reserves the right to terminate this contract, or any part of this contract with thirty (30) days written notice by the Director of the Office of Management and Budget, Division of Purchase of the City's intent to do so to the successful respondent. 1

5 UNBALANCED PROPOSALS: The City of Syracuse through the Director of the Office of Management and Budget, Division of Purchase reserves the right to reject any and all proposals not deemed in the best interest of the City and to reject as informal such proposals, as in the Director s opinion, are incomplete, conditional, obscure, or which contain irregularities of any kind, including unbalanced proposals. By an unbalanced proposal, it is meant one in which the rehabilitation work scope and/or cost of rehabilitation work proposed for a piece of real estate is substantially out of line with the actual condition of the real estate and/or current market costs for the work being proposed to be done on the real estate. A Purchase and Sales Contract shall be entered into between the City of Syracuse and the successful respondent following the approval of the Mayor and the Common Council. BUDGETARY FUNDING. It is understood by and between the parties hereto that this contract shall be deemed executory only to the extent of the monies appropriated and available for the purpose of this contract and no liability on account thereof shall be incurred by the City beyond monies appropriated and available for the purpose thereof. EXCEPTIONS: Any and all exceptions to this specification must be clearly and completely indicated here. Attach additional pages if necessary. AWARD: The City of Syracuse may award the contract(s), following the required approvals, if it determines such contract is in the best interest of the City of Syracuse. PROPOSAL AND QUALIFICATIONS REVIEW: Upon receipt of proposals, a project committee will review each proposal and recommend for award by the Mayor. The Mayor s award is subject to approval of the City of Syracuse Common Council. Proposals will be reviewed on the basis of competency, experience and ability to perform the services required. Respondents should be willing and able to provide additional information that may be required by the screening committee. The City of Syracuse reserves the right to waive any formalities and to reject or negotiate any and all proposals without assigning any reason. PURCHASE AND SALES CONTRACT: A contract utilized by the City of Syracuse is included for your information (Attachment D). After purchasers for the City of Syracuse owned real estate listed in this proposal are recommended and approved by the Mayor and the Common Council, a contract similar to this one incorporating the agreed upon final purchase price, scope of rehabilitation work, financing and deadline to complete the rehabilitation will be used. Appropriate modifications will be made to the contract reflecting the nature of the particular project. Contracts for the purchase and sales of City of Syracuse owned real estate 2

6 may be written with a sunset provision for the City of Syracuse to take back ownership if the real estate is not successfully rehabilitated in accordance with the milestones and/or deadlines set forth in the contract. Proposal Costs: The costs for this entire proposal effort shall be borne by the respondent. The City of Syracuse will not reimburse any firm for any costs associated with this proposal effort. RFP Cancellation/Postponement: The City of Syracuse reserves the right to cancel or postpone this Request for Proposals at any time without penalty. NOTICE TO RESPONDENTS EXCEPTIONS & DOCUMENT RETENTION Please retain a copy of this complete document for your records. This is the only copy you will receive. You will be forwarded notice of the awarded City of Syracuse owned real estate only. The City of Syracuse reserves the right to waive any formalities and to reject or negotiate any and all proposals without assigning any reason. Please be advised that any exceptions to these specifications may be cause for your proposal to be disqualified. Any and all exceptions to this specification must be clearly and completely indicated. Attach additional pages if necessary. The City in its sole discretion may amend or withdraw this RFP at any time. 3

7 SECTION II SCOPE OF REQUEST FOR PROPOSAL Redevelopment of City of Syracuse Owned Real Estate INTRODUCTION The City of Syracuse (the City ) is launching a new program to rehabilitate vacant, abandoned residential structures on City owned real estate (hereinafter referred to as Program ). The City owned real estate consists of vacant residential structures in various locations in the City, and will be offered through a Request for Proposal ( RFP ) process by the City in conjunction with the Community Preservation Corporation ( CPC ) to experienced housing developers and builders ( developers ) that are committed to providing quality housing for City residents. Developers must establish that they meet certain qualifications as part of the RFP process. This is being done to expedite the disposition of City owned real estate to qualified developers. The purpose of this RFP is to select developers to rehabilitate selected City owned real estate being offered in this round of the Program. To accomplish this, the City will sell the vacant, City owned real estate to the developers for one dollar ($1.00), and expect the developer to acquire their own construction and permanent financing. CPC will be offering construction and permanent financing as one option to credit qualified developers. However, developers are not required to use CPC for financing as part of their participation in this Program. The City will also make a limited public funding source available as a loan and second mortgage on the real estate to cover any gap in financing the rehabilitation to the real estate that a developer may require. In the event that certain conditions were met, the money loaned as gap financing to the developer would be forgiven and the mortgage satisfied. A list of the City owned real estate being offered in this RFP is attached as Exhibit A. Exhibit B contains a timetable for the rehabilitation of the City owned real estate. As set forth above, a City RFP Committee will evaluate the proposals with assistance from CPC, the City s Consultant. The RFP Committee is responsible for managing the RFP process on behalf of the City and will recommend awards to the Mayor. Successful respondents will be responsible for selecting development teams if necessary, subject to City approval, preparing rehabilitation plans, obtaining any building permits, complying with all applicable codes, rules and regulations, securing construction contracts, overseeing construction, and owning, marketing, and managing the completed residential housing units. The City in its sole discretion may amend or withdraw this RFP at any time. 4

8 RFP PROCESS Respondents will be selected based on their experience and qualifications in the rehabilitation of rental housing and other relevant factors as measured by the criteria described in Selection Criteria, pages 6-8. The City in conjunction with CPC and the RFP Committee will evaluate each respondent based on the information provided in the proposal and supporting documentation, and any other information about the respondent s performance available to the City. City staff may also visit respondents for on-site evaluations of their organizational and programmatic capabilities and financial management. Organizations deemed by the City to be most qualified, based on these criteria, will be chosen to purchase specific City-owned real estate listed in this RFP. Each respondent that is awarded City owned real estate will receive a notice of intent to award letter from the Director of the Office of Management & Budget, Division of Purchase, outlining the terms and conditions of the intended award. PROGRAM GUIDELINES A. USE The City owned real estate must be developed as 1 to 4-family rental housing as described below, and in accordance with all local building, zoning and land use regulations. B. INCOME LIMITS There are no income qualifications for tenants under this Program. Completed rehabilitation of the City owned real estate will be sold or rented to individuals and families without regard for specific income qualifications. The developer should be aware that the median income in Syracuse is $26,000. C. BUILDING DESIGN AND CONSTRUCTION The successful respondent is obligated to rehabilitate existing 1 to 4-family City owned real estate to comply with the character of the neighborhood and be in compliance with any building, zoning or land use laws, local laws, ordinances and/or regulations. After a parcel of City owned real estate is awarded to a successful respondent, the respondent will be required to submit a bank commitment letter by a specified date set forth in the Rehabilitation Timetable. The bank at that time will require plans and any necessary specifications for the City owned real estate. Therefore, the title transfer from the City to the respondent will occur simultaneously with construction loan closing, and any architect costs would be incurred after the City awards the parcel of City owned real estate, but not before actual title transfer. The City will then have the discretion to approve the final plans before title transfer. If the respondent is self-financing the rehabilitation, the respondent will be responsible for submitting a trade payment breakdown for each parcel of City owned real estate that they intend 5

9 to submit a proposal for. The trade payment breakdown will specify the number of bedrooms, any necessary square footage requirements and certify that the proposed development otherwise meets the legal requirements for room sizes. The submission of the trade payment breakdown should demonstrate that the respondent has the skill set to prepare a credible cost estimate for a parcel of real estate of the intended size and type. The City will provide the respondent with a form to submit the trade payment breakdown. Respondents will be responsible for obtaining all necessary permits and City approvals for the rehabilitation of the parcel of City owned real estate awarded to them. F. FINANCING Respondents are responsible for securing their own private financing. CPC will be offering construction and permanent financing as one option to credit qualified respondents. Respondents are not required to use CPC for financing to participate in the Program. Other State and Federal subsidies such as the Federal Low-income Housing Tax Credit may be utilized for these projects, with City approval. Individuals will be responsible for the continued program compliance associated with any of these State or Federal subsidies. In the event there is a demonstrated gap between the maximum amount of private financing, respondent s equity in the parcel of real estate being rehabilitated and other financing available, the City will provide limited public funding as a loan and mortgage to the respondent, in the amount set forth in Exhibit A. If the rehabilitation of the parcel of real estate is successful and the respondent meets certain conditions set forth in the loan and mortgage documents, the loan can be forgiven and the mortgage satisfied without the respondent repaying the loan. The public funding being offered differs by each parcel of City owned real estate and is based upon the City s determination as to the reasonable cost of rehabilitation of each parcel of real estate, the fair market value of the real estate after the rehabilitation is completed and the successful respondent having a ten percent equity in the parcel of real estate. SELECTION CRITERIA A. THRESHOLD CRITERIA Respondents must meet all of the following criteria in order to be considered for a parcel of City owned real estate: 1. The respondent (and co-respondent, if any) may be an incorporated organization with ongoing operations in the City of Syracuse, an LLC, an partnership, or an entity-tobe-formed. All of the principals of an respondent that is an corporation, LLC, partnership or entity-to-be-formed meet the other conditions of this RFP. 2. A corporate respondent must have a Good Standing Certificate from the New York State Secretary of State dated no more than one month prior to the proposal submission date; 6

10 3. The respondent (and principals thereof) must have experience in development and management of rental housing within the past ten (l0) years. The experience may be in new construction or substantial rehabilitation of rental housing developments of similar size and complexity; 4. There must be no adverse findings that would prevent the City from conveying a parcel of City owned real estate to the respondent or any person or entity associated with the respondent. These adverse findings, include but are not limited to the following: a. Arson conviction or pending case; b. Harassment conviction or pending case; c. Mortgage foreclosure proceedings or substantial loan arrears; d. In rem foreclosure or substantial arrears; e. Defaults under any City, State, or Federal sponsored program; f. A record of substantial building violations or of City litigation against properties owned by the respondent (and/or principals thereof). B. COMPETITIVE SELECTION FACTORS Respondents that pass all minimum threshold criteria set forth above, will be evaluated according to the following criteria: 1. Development Teams and Management Capacity. Respondents must have at least one member with prior comparable experience. Comparable experience means that the respondent has successfully completed, as a developer, substantial rehabilitation or new construction of residential projects of a similar size, in similar types of neighborhoods. Respondents without any prior comparable experience will be rejected. 2. A respondent will be rejected if any adverse findings are found demonstrating extensive evidence of: a. Unsuccessful record as a developer in a project of comparable size; b. Poor workmanship; c. Failure to move project expeditiously; d. Building violations or City litigation history against properties owned and managed by members of the respondent or members of the respondent s development tema; and/or e. Unsuccessful record of managing multiple dwellings. 3. A respondent, or any principal, will be rejected if any adverse findings are found demonstrating over-extension of a respondent that include, but are not limited to the following areas: a. Insufficient capacity/experience to do a site of the size and type for which the respondent has submitted a proposal; b. Poor progress on projects already under way; and/or c. Total of all development/construction projects under way already fully utilizes the existing capacity/experience of the respondent. 7

11 4. Organizational Capacity. This includes experience and qualifications of staff who would be involved in the development and management of the project; the organization s record of success in carrying out its stated mission; board leadership; and stability of staff and programs. 5. Financial Capacity. This includes financial stability of the organization and the quality of its financial management. 6. Housing Development Experience. This includes both the extent and quality of experience in developing rental housing. Attention will be given to the respondent's track record of bringing projects in within budget and on schedule and the role of the respondent in each project. 7. Housing Management Experience. Each respondent will be reviewed both for the extent and quality of managing rental housing. 8. Current Capacity. The respondent's current workload in relation to its staffing and other resources will be evaluated to determine whether the respondent has the capacity to undertake an additional project within the timeframe required by this RFP. 9. Management of Nearby Properties. Respondents who are or will be developing and/or managing other properties in the immediate area will be given additional consideration particularly where award of the City owned real estate can be expected to result in more effective management. Respondents, who are not disqualified as part of the above competitive selection factor review, will be rated as superior, acceptable or unacceptable depending on the quality of their previous experience. These ratings of respondents will be utilized to rank the quality of all submissions, and support any decisions made after the proposal and threshold criteria are reviewed. The City owned real estate that is being offered through this RFP will be awarded (if at all) to respondents with the highest overall ratings, and for a parcel or parcels that, based on the ratings, are most proportional to their development experience, development capacity, financial capacity, and other rated characteristics. SUBMISSION REQUIREMENTS One bound original and eight bound copies of all the Proposal Forms set forth in Section III and supporting documentation, including all required forms attached to this RFP, shall be submitted in response to this RFP. The original proposal shall be signed by an authorized representative of the respondent and notarized. Each copy shall be clearly labeled with the name of the respondent (and co-respondent, if applicable) and the date. Each copy must contain the required information for both the respondent organization and the co-respondent, if applicable. 8

12 SUBMISSION DUE DATE RFP Proposals must be delivered to: Mr. Robert Sprague Director Office of Management and Budget, Division of Purchase Room 221City Hall 233 East Washington Street Syracuse, NY RFP Proposals are due no later than 2:30 pm Thursday, November 13th, Proposals received after that date will not be considered. ADDITIONAL INFORMATION: Please direct any questions to: Mr. Andrew M. Maxwell The City of Syracuse Department of Community Development Division of Neighborhood Planning Room 412 City Hall Commons 201 East Washington Street Syracuse, NY (315) PRE-SUBMISSION CONFERENCE A pre-submission conference will be held on Monday, October 20,2008 at 9:00 a.m. in the Rural Metro Office,488 West Onondaga Street, Syracuse, New York. Attendance at the Pre-Submission Conference is not required. However, in submitting a proposal, a respondent is agreeing and representing that the respondent had all the information necessary for the respondent to complete and submit the proposal and is waiving any and all claims against the City, CPC and their agents and employees relating to the submission of the respondent s proposal. INSPECTION OF CITY OWNED REAL ESTATE Anyone considering submitting a proposal will be granted access to the City owned real estate on Monday, October 20,2008 after the Pre-Submission Conference until 4:00 p.m., for the purpose of inspecting the City owned real estate to assist in the preparation and submission of proposals. All City owned real estate can also be inspected on October 21, 2008 from 11:00 a.m. to 4:00 p.m. Before being allowed access to the City owned real estate being offered as part of this RFP, each person shall be required to execute a waiver of liability form. 9

13 CONDITIONS, TERMS AND LIMITATIONS This RFP is subject to the specific conditions, terms and limitations stated below: A. The City owned real estate is to be disposed of in their "as-is" condition. The City and its officers, agents, and employees make no representation whatsoever as to the physical condition of the sites. B. The projects shall be subject to real property taxes and charges. C. The proposed projects shall conform to and be subject to the provisions of existing Zoning regulations and all other applicable laws, regulations and ordinances of all Federal, State, and City authorities having jurisdiction. D. Valid permits as required by the City, and any State, and Federal agencies shall be obtained by the selected applicant prior to commencing work. License agreements, if any, must be obtained in order to enter the site prior to conveyance. E. Final designation of an respondent will depend on satisfaction of all additional documentation and review requirements of the City and will be subject to the subsequent approval by the Office of the Mayor. The City owned real estate will be conveyed by the City pursuant and subject to the provisions of the Purchase and Sales Contract. The City will recommend to the City Common Council the nominal basis for the acquisition price as stated herein. The deed shall be in form and substance satisfactory to the Corporation Counsel. The conveyance will be subject to satisfaction of Section 6-202(4) of the Syracuse City Charter, as amended. F. No transaction will be consummated if any selected respondent or principal of a selected respondent, or any member of the respondent s development team is in arrears or in default upon any debt, lease, contract or obligation to the City including without limitation real estate taxes and any other municipal liens or charges. The City reserves the right to reject any response to this RFP by any such respondent. G. No commission for brokerage or any other fee or compensation shall be due or payable by the City. The submission of a proposal will constitute the respondent's undertaking to indemnify and hold the City harmless from and against any such claim for any such fee or compensation based upon, arising out of, or in connection with any action taken by the respondent, the invitation to the respondent to respond to the RFP, the selection of the respondent's proposal, and the designation of a respondent pursuant to the RFP or the sale of the City owned real estate. The City is not obligated to pay nor shall it in fact pay any costs or losses incurred by any respondent at any time including the cost of responding to the RFP. H. The City reserves the right to: 1. Reject at any time any or all proposals and/or to withdraw this RFP in whole or in part; including the right to reject respondents (or to cancel previous awards) for failure to 10

14 timely complete or continue processing of proposals or rehabilitation plans on any parcel of City owned real estate that is part of this RFP; 2. To negotiate with one or more respondents, and/or negotiate and dispose of the City owned real estate subject to all applicable laws, rules and regulations promulgated by any Federal, State or local government (including to parties other than those responding to the RFP) on terms other than those set forth herein. 3. At any time, waive compliance with, or change any of the terms and conditions of this RFP, to entertain modifications or additions to selected proposals, or to withdraw individual parcels of City owned real estate from this RFP. I. This RFP does not represent any obligation or agreement whatsoever on the part of the City which may only be incurred or entered into by written agreement authorized by the Common Council, approved as to for by the Corporation Counsel, and executed by the Mayor. J. Selection of a respondent will not create any rights on the respondent's part, including, without limitation, rights of enforcement, equity or reimbursement, until after all required government approvals received, the Purchase and Sales Contract and all related documents are fully approved and executed. K. This Request for Proposals and any agreement or other documents resulting therefrom is subject to State, or Municipal authority having jurisdiction over the subject matter thereof, as the same may be amended from time to time. CONFLICTS OF INTEREST Employees of the City of Syracuse may respond to this RFP only in accordance with the City Charter governing ethics and conflicts of interest affecting City personnel. Section 8-110(3) of the Syracuse City Charter contains specific prohibitions that exclude enumerated groups of employees from participating in the sales process. Persons in the employ of the City considering the submission of qualifications are advised that opinions regarding the propriety of their purchase of City-owned property may be requested from the City of Syracuse Board of Ethics. This body is empowered to issue advisory opinions on conflict of interest questions and other matters of ethical consideration. It is not necessary, however, that such opinion be obtained before responding to this RFP. Former employees of the City of City of Syracuse are also advised that the Syracuse City Charter imposes certain restrictions on employment and business relationships with the City. Such individuals should consult the specific provisions on this issue contained on this issue. 11

15 EXHIBITS EXHIBIT A- LIST OF CITY OWNED REAL ESTATE BEING OFFERED IN RFP EXHIBIT B- REHABILITATION TIMETABLE EXHIBIT A- List of City Owned Real Estate Being Offered In RFP Information may include but not be limited to address of City owned real estate, number of units, number of stories and amount of public funding as loan and mortgage, i.e. gap financing. In the event there is a demonstrated gap between the maximum amount of private financing, respondent s equity in the parcel of real estate being rehabilitated and other financing available, the City will provide limited public funding as a loan and mortgage to the respondent, in the amount set forth below. Address Units Stories Funding 315 Merriman Avenue, Syracuse, New York 2 1 $33, Grace Street, Syracuse, New York 3 2 $22, Baker Avenue, Syracuse, New York 3 3 $45, East Bissell Street, Syracuse, New York 2 2 $30, West Colvin Street, Syracuse, New York 2 2 $45, Park Avenue, Syracuse, New York 2 2 $30, Grumbach Avenue, Syracuse, New York 2 2 $17, Emerson Avenue, Syracuse, New York 2 2 $26, Nelson Street, Syracuse, New York 2 1 $16, Elliott Street, Syracuse, New York 2 2 $9, South Salina Street, Syracuse, New York 3 3 $36,

16 EXHIBIT B- Rehabilitation Timetable After City owned real estate is awarded, the successful respondent is required to comply with all specified START/END dates for each major milestone needed to develop each parcel of City owned real estate within the RFP's time frames. Successful respondents will be given an automatic extension of 30 days if necessary, but the City will evaluate any subsequent requests for extension and have the discretion to grant those extensions based on the respondent s performance leading to the date of that request. Subsequent parcels of City owned real estate will be expected to be developed within similar timeframes. The Rehabilitation Timetable will be utilized by the City to disqualify respondents and even revoke awards of a parcel of City owned real estate for failure to continue to pursue the rehabilitation proposal(s) as required. The Timetable states objective steps respondents must take within particular time frames. If a respondent fails to perform, the Timetable establishes objective proof of the failure. Utilization of the Rehabilitation Timetable to disqualify respondents and even revoke awards of a parcel of City owned real estate is a sound legal basis for disqualification of non-performing respondents and for revocation of an award to a non-performing awardee. REHABILITATION MILESTONES 1. Respondent Pre-Submission Conference 10/20/08 2. City Owned Real Estate Open Houses 10/20/08, 10/21/08 3. RFP Proposals Due 11/13/08 4. Bank Commitment Letter Issued or Submission of Trade Payment Breakdown Within 60 days of Common Council and Mayor Approving Sale of City Owned Real Estate, but before Transfer of Title 5. Loan Closing/Construction Start Within 45 days of financing commitment 6. Construction Completion Within 18 months of the Transfer of Title 13

17 SECTION III PROPOSAL FORMS PROPOSAL FOR THE SYRACUSE $1 HOME REDEVELOPMENT OF CITY OF SYRACUSE OWNED REAL ESTATE PROGRAM Please complete all sections of this Proposal. If the space provided is insufficient to set forth a response, please attach additional sheets of paper, labeling each additional page with the number or heading of the item and the page number plus a suffix. For example, if two additional pages are provided in response to the item on Development and Management Experience on page 21, label these pages, Development and Management Experience (cont.), pages 21a and 21b. Each copy shall be clearly labeled with the name of the respondent (and co-respondent, if applicable), the statement Proposal for the Syracuse $1 Home Redevelopment Program and the date. Each copy must contain the required information for both the respondent organization and corespondent(s), if any. TO: Director of the Office of Management & Budget, Division of Purchase of the City of Syracuse, New York 223 City Hall Syracuse, New York

18 I. RESPONDENT INFORMATION & PARCEL OF CITY OWNED REAL ESTATE FOR WHICH PROPOSAL IS BEING SUBMITTED A. IDENTITY OF RESPONDENT AND PRINCIPALS: Provide the information requested below and attach resumes for all team members where applicable. *RESPONDENT: Name: Address: Phone: *CONTACT PERSON: Name: Address: Phone: *MANAGEMENT AGENT: Name: Address: Phone: ACCOUNTANT: Name: Address: Phone: *Indicates required completion CO-RESPONDENT: Name: Address: Phone: CONSULTANT: Name: Address: Phone: ARCHITECT: Name: Address: Phone: ATTORNEY: Name: Address: Phone: B. PARCEL OF CITY OWNED REAL ESTATE FOR WHICH PROPOSAL IS BEING SUBMITTED: Please indicate below the parcel of City owned real estate for which the proposal is being submitted. 15

19 C. ROLES: If there is a co-respondent, describe the roles that will be played by the respondent and co-respondent. D. TERMS AND CONDITIONS. Respondent and Co-Respondent, if applicable, understand and agree: 1. An award of a parcel(s) of City owned real estate, if any, is subject to all terms and conditions of this RFP 2. The City may cancel the RFP, or remove from the RFP any parcel(s) of City owned real estate listed in Exhibit A therein, at any time prior to construction loan closing on such parcel of City owned real estate. 3. Without limiting the generality of the foregoing, the City may cancel an award of one or more parcels of City owned real estate at any time prior to construction loan closing on such parcel or parcels, for a respondent or respondents failure to timely continue processing, or to consummate closing of title on such parcel of City owned real estate or, without limitation, to fail to perform steps required of respondent or respondents under the RFP within the time periods specified in the Rehabilitation Timetable contained in Exhibit B of the RFP. 4. That he/she/they/it are familiar with and are satisfied as to all federal, state, and local laws and regulations that may affect cost, progress, and performance of the rehabilitation of any parcel(s) of City owned real estate awarded to respondent and that the respondent and corespondent, if applicable, have included the costs of compliance with said federal, state, and local laws and regulations. 16

20 E. AUTHORIZATION TO SUBMIT AND CERTIFICATION: Acting as the duly authorized representative of, the Respondent, I am submitting this Proposal For The Syracuse $1 Home Program to participate in. I further state and declare under the penalty of perjury that all information contained herein is complete and true. (Type Name &Title) (Signature) (Date) STATE OF NEW YORK ) COUNTY OF ONONDAGA ) ss.: On this day of, 20, before me personally came, to me known, who being by me duly sworn, did depose and say: that he resides in ; that he is the of the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name There to by like order. Notary Public 17

21 II. LEGAL STATUS & ORGANIZATION DESCRIPTION Corporate respondents: Provide articles of incorporation and by-laws; list of directors and officers, their addresses, phones, s; list of shareholders of 10% or greater interests. Corporate respondents: Provide New York State Good Standing Certificate Partnership or LLC applicants: Provide partnership agreement or operating agreement; list of members and officers, their addresses, phones, s; list of principals holding 10% or greater interests. Respondents with affiliates: Provide organization charts showing the relationship of respondent to each subsidiary and affiliate, and the organizational structure within the respondent and each subsidiary and affiliate. Provide resumes for respondent s proposed members of the development team and staff members who will work on this project. A. LEGAL STATUS: 1. When was your organization established (month and year)? (If the organization or entity submitting this Proposal has not yet proposed to been formed, indicate here [ ], and state the intended form of the organization or entity (corporate, partnership, limited liability company, other). Note: The organization or entity shall have been duly formed prior to closing of title on awarded parcel of City owned real estate, if any.) 2. Date of incorporation or creation: 3. Is your organization a subsidiary of or affiliated with any other organization(s)? Yes[ ] No[ ] If yes, list on the chart below such organization(s) and describe the relationship between the respondent and such organization(s): Relationship Date Relationship Type of Organization To Respondent Originated Organization 18

22 B. MANAGING PRINCIPALS Provide the name(s) of the individual(s) who will be responsible for overseeing the project for construction closing, during construction on rental projects, and for reporting monitoring compliance requirements. Name Responsibility 19

23 III. FINANCIAL QUALIFICATIONS A. State the last date of your organization's fiscal year: B. Attach the organization s operating budgets for the current and previous two fiscal years. NOTE: If any or all subsidiaries receive income and have operating budgets separate and apart from the respondent organization please provide in addition the same information requested above and state the name of the subsidiary. C. Attach a a balance sheet (assets and liabilities) and an accounting of income and expenses over the current and past two years and provide any additional pertinent information about the respondent s finances. D. Are you financing the rehabilitation of the parcel of City owned real estate, for which this Proposal is being submitted, through a Banking Organization as defined in Section 2 of New York Banking Law, as amended, or through your own financial resources? Banking Organization[ ] Self-Financing[ ] If you checked Self-Financing, you must complete the Syracuse $1 Home Redevelopment Program Asset Statement form (Attachment A). If the space provided is insufficient to set forth a response, please attach additional sheets of paper, labeling each additional page with the number or heading of the item and the page number plus a suffix. The City reserves the right to request additional financial information from respondents. 20

24 IV. DEVELOPMENT AND MANAGEMENT EXPERIENCE A. Complete the Real Estate Owned form (Attachment B) and list all residential projects owned, sold and/or managed by the respondent, or principals thereof, during the last 10 years. B. Please answer the following questions for all the properties listed in the Real Estate Owned form: -Did the cost of any project exceed the projected budget? Yes[ ] No[ ] -Did any project experience significant delays in completion? Yes[ ] No[ ] -Do any of the projects listed as completed not have their permanent Certificate of Occupancy? Yes[ ] No[ ] -Was the financing restructured for any projects during or after construction? Yes[ ] No[ ] -Are any loan payments in arrears? Yes[ ] No[ ] -Has the mortgage on any project been foreclosed? Yes[ ] No[ ] -Are any projects vacant? Yes[ ] No[ ] -Are any of the projects currently delinquent in payment of real estate taxes, water and sewer charges and/or other municipal obligations? Yes[ ] No[ ] -Do any of the properties lack a permanent Certificate of Occupancy? Yes[ ] No[ ] -Are any of the properties currently collecting, in aggregate less than 95% of their gross collectable rent roll for the past three months? Yes[ ] No[ ] If the answer to any of these questions is YES, please identify the project(s), the name of the respondent, subsidiary or affiliate that could not complete the project, and provide an explanation below. In addition, include the name(s) of the financing source(s) and contact person and telephone number(s) for each project. If additional space is needed, please attach a separate piece of paper. 21

25 V. DEVELOPER DISCLOSURE A. Does the Respondent (or any subsidiary) have or has had a financial or ownership interest in any real estate which has been the subject of any of the following: * Arson conviction, or pending case; Yes[ ] No[ ] Harassment complaint filed by the New York State Division of Human Rights, New York State Division of Rent Control or the New York State Division of Housing and Community Renewal; Yes[ ] No[ ] Mortgage foreclosure, or currently more than 90 days in arrears on any loan; Yes[ ] No[ ] Defaulted on any contract obligation or agreement of any kind or nature whatsoever entered into with the City or of its agencies; Yes[ ] No[ ] Within the last 5 years, failed to qualify as a responsible bidder or refused to enter into a contract after an award has been made by any government agency? Yes[ ] No[ ] B. If the answer to any of these questions is YES, please state: 1. The name of the organization(s) involved: 2. The address, block and lot of the property: 3. The nature, date and current status of action: *FAILURE TO DISCLOSE INFORMATION SHALL RESULT IN DISQUALIFICATION OF YOUR PROPOSAL. 22

26 VI. REHABILITATION PLAN RESPONDENT S NAME AND ADDRESS ADDRESS OF PARCEL OF CITY OWNED REAL ESTATE Complete and attach form entitled Rehabilitation Plan City $1 Program Estimate of Costs (Attachment C). In completing the form, you must indicate all items you expect to do rehabilitation work and list the costs of the rehabilitation. If you do not intend to do rehabilitation work in a certain area, you must write N/A for that item. Your rehabilitation plan must include an estimate of costs for all work to be done. No work is to be omitted from the form and no change in the estimate of costs will be allowed after the proposal is submitted by respondent. All work to be done must comply with all applicable Federal, State and City laws, local laws, ordinances and rules and regulations. 23

27 VII. DATA SHEET RESPONDENT S NAME AND ADDRESS HAVE YOU ATTACHED: YES NO COVER LETTER? PROPOSAL FULLY COMPLETED AND EXECUTED WITH ALL DOCUMENTATION ATTACHED? ASSET STATEMENT FORM IF APPLICABLE? REAL ESTATE OWNED FORM IF APPLICABLE? REHABILITATION PLAN WITH ESTIMATE OF COSTS? IDENTIFY ALL MEMBERS OF APPLICABLE ORGANIZATIONS OR ENTITIES? CERTIFICATE OF INSURANCE IF SELF FINANCING? HAVE YOUR PROVIDED ONE (1) ORIGINAL AND EIGHT (8) COPIES OF PROPOSAL AS REQUIRED? HAVE YOU SIGNED AND DATED YOUR PROPOSAL ON THE SIGNATURE FORM PROVIDED ALONG WITH ADDRESS, PHONE & FAX NUMBERS, AND INCLUDED IT WITH YOUR PROPOSAL? SIGNED NAME TITLE COMPANY DATE PHONE # FAX # 24

28 CITY OF SYRACUSE NON-COLLUSIVE BIDDING CERTIFICATION SECTION 103-d OF NEW YORK GENERAL MUNICIPAL LAW, AS AMENDED By submission of this bid, each Bidder and each person signing on behalf of any Bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: 1. The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other Bidder, or with any competitor; 2. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and 3. No attempt has been made or will be made by the Bidder to induce any other person, partnership or corporation to submit or not to submit a bid for purpose of restricting competition. I hereby affirm under the penalties of perjury that the foregoing statement is true. I also acknowledge notice that a false statement made in the foregoing is punishable under Article 20 of the Penal Law. SIGN HERE. Signature of Respondent s Authorized Person Date Name of Respondent Name of Respondent s Authorized Person Title of Respondent s Authorized Person... 25

29 NON-DISCRIMINATION STATEMENT During the performance of this contract, the Contractor or Vendor agree: A. That he/she/it will not discriminate against employee or applicant for employment because of race, religion, age, color, sex, or national origin. B. That he/she/it will not discriminate against any employee or applicant for employment on the basis of sexual or affectional preference or orientation. C. That he/she/it will cooperate with the Human Rights Commission of Syracuse and Onondaga County in implementing the Fair Employment Program adopted pursuant to Ordinance No. 302 of 1973, adopted by the Common Council on May 21, 1973, a copy of which is on file in the office of the City Clerk. D. That he/she/it will provide to said Commission relevant information or reports required under said ordinance or administrative regulations adopted pursuant thereto. I hereby affirm under the penalties of perjury that the foregoing statement is true. I also acknowledge notice that a false statement made in the foregoing is punishable under Article 20 of the Penal Law. SIGN HERE. Signature of Respondent s Authorized Person Date Name of Respondent Name of Respondent s Authorized Person Title of Respondent s Authorized Person... 26

30 DISCLOSURE STATEMENT The City of Syracuse, by Ordinance No. 514 of 1973, adopted by the Common Council, on September 24, 1973, requires information from all persons, partnerships, corporation, trusts and associations transacting business with the City of Syracuse relative to any proposed business transaction including but not limited to land purchase, construction, purchase and lease agreement. To obtain said information, the Division of Purchase of the City of Syracuse requests that you provide the appropriate information by filling out the form below which applies to you. PERSON (Full Name) (Business Address) (Telephone Number) (Fax Number) PARTNERSHIP (Name of Each Partner) (Assumed Name) (Where Assumed Name Certificate Was Filed) (Business Address) (Telephone Number) (Fax Number) 27

31 FOREIGN OR DOMESTIC CORPORATION Foreign Corp. Domestic Corp. Yes No Yes No If Foreign, State of Incorporation Officers of Corporation: President Vice President Secretary Treasurer List other if any (Address) (Telephone Number) (Fax Number) List of Directors names and addresses 28

32 Names of Stockholders in privately owned and operated corporation: Name Address Number of Shares Total number of shares issued by aforementioned corporation: TRUST (Name) (Identify All Persons and Interests Comprising Trust) ASSOCIATION (Name) (Identify All Persons and Interests Comprising Association) The Ordinance specifically provides that a corporation required to file reports with the Security Exchange Commission need not provide such information. 29

33 TO: Director of the Office of Management & Budget, Division of Purchase of the City of Syracuse, New York 223 City Hall Syracuse, New York The undersigned hereby declares that he/she is the only person interested in this proposal, that the proposal is in all respects fair and without collusion or fraud, and that no member of the Common Council or other officer of the City of Syracuse, or any person in the employ of said City, is directly or indirectly interested in this quote, or in the supplies or work to which it relates or in any portion of the profits thereof. The undersigned also declares he/she carefully examined the form of contract and specifications and the drawings therein referred to on file in the office of the Division of Purchase, and will provide all necessary machinery, tools, apparatus, and other means of construction and do all the work and furnish all the materials called for by said contract and specifications, and the requirements under them. The undersigned hereby declares that he/she has read and acknowledged the non-collusive bidding certifications, non-discrimination statement, disclosure statement and quote signature page set forth above, agrees to abide by the requirements therein and affirms under the penalties of perjury that all statements, figures or affirmations set forth therein are true and accurate. Entity Making Proposal SIGN HERE Signature of Authorized Agent Entity s Address Print Name and Title of Authorized Person Dated Telephone Number Fax Number Address FAX Number 30