BID ADVERTISEMENT
Sealed proposals will be received by the City Clerk of the City of Rome, New York, until 3:00 P.M. local time, June 29, 2017, for the following project:
RFP-2017-012
109 Canal Street Request for Proposals Redevelopment Project
Proposals will be publicly opened and read aloud at 3:00 P.M., local time, the same day, June 29, 2017 in the Council Chambers, 2nd Floor, City Hall, Rome, New York.
All proposals shall be made on forms furnished and shall be enclosed in a sealed envelope marked to the attention of the City Clerk as follows:
RFP-2017-012
109 Canal Street Request for Proposals Redevelopment Project
(Bidder’s Name)
Project Location: 109 Canal Street, Rome, NY 13440.
Owner: City of Rome.
Owner's Representative: Matthew J. Andrews
City of Rome Senior Planner
198 Washington St., Rome NY, 13440
315-339-7643
PROJECT DESCRIPTION: The City of Rome is requesting proposals from qualified developers to redevelop the former Rome Turney Site, a 1.4-acre site (with potential adjacent lands) located at 109 Canal Street along the Erie Boulevard corridor. This is a unique opportunity for development along one of Rome’s entrance corridors leading to the resurgent center city area known as Downtown Rome. The site located in a Brownfield Opportunity Area, not only offers possible NYS Brownfield tax credits, but coupled with a NYS RESTORE grant of $500,000 and possible National Grid funds of $300,000, provides a potential developer with the seed money necessary to assist a substantial redevelopment project.
Legal notice for the RFP will be advertise electronically at at www.romenewyork.gov; under the treasurer and purchasing tab. Notices are also advertised with the Mohawk Valley Builders Exchange at: www.mvbe.com; and the New York State Contract Reporter at: https://www.nyscr.ny.gov/ . The proposals notice will also be available on the American Planning Association New York Upstate Chapter website at http://www.nyupstateplanning.org/rfps-rfqs/; and Brownfield Listings at https://brownfieldlistings.com/.
The proposals documents with attachments will be advertised electronically at http://www.romerises.com/come-build-with-us/. The proposals are available for download (Adobe PDF) at the website at no charge; however, be advised that incomplete proposals will be disqualified.
Developers must notify the issuing office in order to be placed in the official proposal holder’s list, in order to receive addenda and other proposal correspondence. Please contact the City Engineer’s Office at (315)339-7635 with your name, proposal packet obtained, phone number, and email address to be placed on the official proposal holder’s list. Proposals received from developers other than those on the official proposal holder’s list will not be accepted.
Addenda, if any, will be issued only to those persons whose name and address are on record with the City as having obtained a proposal packet. Addenda to the proposal, when issued, will be on file in the Engineering Office at least five days before the proposal opening date. If addenda’s are issued for this proposal all official proposal holders will be issued with addenda by mail or email.
All questions should be directed to the Department of Community and Economic Development electronically at mandrews@romecitygov.com.
This project is partially funded through the New York State Empire State Development Corporation. This project is subject to the following conditions:
Participation Requirements For New York State Certified MWBEs
ESD is required to comply with and implement the provisions of New York State Executive Law Article 15-A and 5 NYCRR Parts 142-144 (MWBE Regulations) for all State contracts as defined therein, with a value (1) in excess of $25,000 for labor, services, equipment, materials, or any combination of the foregoing or (2) in excess of $100,000 for real property renovations and construction.
Approval of funding by ESD, a public benefit corporation of the State of New York, is conditioned upon and subject to the following requirements:
- Recipient agrees to fully comply and cooperate with ESD in the implementation of New York State Executive Law Article 15-A. These requirements include contracting opportunities for New York State certified Minority-owned Business Enterprises (“MBEs”) and Women-owned Business Enterprises (“WBEs”), collectively MWBEs.
- For purposes of this project, ESD hereby establishes the following MWBE participation requirements:
Overall MWBE Participation Requirement: 30% (totaling no less than $150,000)
- For purposes of providing meaningful participation by MWBEs on the project and achieving the project goals established herein, Recipient should reference the directory of New York State certified MWBEs found at the following internet address:
https://ny.newnycontracts.com
Additionally, Recipient may contact ESD’s Office of Contractor and Supplier Diversity (OCSD) to discuss additional methods of maximizing participation by MWBEs on the project.
- Recipient is required to submit a completed Non-Discrimination and Equal Employment Opportunity Policy Agreement (Form OCSD-1) prior to the first disbursement.
- For all incentives where ESD’s effective contribution is equal to or greater than $250,000, the Recipient and any contractors or sub-contractors are required to provide to OCSD a MWBE Staffing Plan (Form OCSD-2) prior to the first disbursement and a final Workforce Compliance Report (Form OCSD-3) prior to the final disbursement of project funds. If the first disbursement is also the final disbursement, the Recipient may submit only the final Workforce Compliance Report.
- Recipient is required to submit a MWBE Utilization Plan (Form OCSD-4, also known as the MWBE Participation Plan) not later than ten (10) days after the execution of this Incentive Proposal.
- If additional time is required to prepare an acceptable and effective MWBE Utilization Plan, the Recipient may submit a written extension request to the OCSD or the respective OCSD assigned project manager. The extension request must provide an explanation regarding why additional time is needed and provide an estimated date of submission for the MWBE Participation Plan.
- Any modifications or changes to the MWBE Participation Plan after the execution of this Incentive Proposal and during the performance of the project must be reported on a revised MWBE Utilization Plan and submitted to OCSD for approval.
- ESD will review the submitted MWBE Utilization Plan and advise the Recipient of acceptance or issue a notice of deficiency within twenty (20) days of receipt.
h) If a notice of deficiency is issued, Recipient agrees that it shall respond to the notice of deficiency within seven (7) business days of receipt by submitting to OCSD a written remedy in response to the notice of deficiency. If the written remedy that is submitted is not timely or is found by ESD to be inadequate, ESD shall notify the Recipient and direct the Recipient to submit, within five (5) business days, a request for a partial or total waiver of MWBE participation goals (Form OCSD-5, Waiver Request). Failure to file the waiver request in a timely manner may result in a finding that Recipient has intentionally or willfully failed to comply with the requirements of Article 15-A of the Executive Law and the MWBE provisions outlined herein.
i) ESD may find that Recipient has willfully or intentionally failed to meet the MWBE project requirements under the following circumstances:
- If a Recipient fails to submit a MWBE Utilization Plan;
- If a Recipient fails to submit a written remedy to a notice of deficiency;
- If a Recipient fails to submit a request for waiver; or
- If ESD determines that the Recipient has failed to document good faith efforts.
j) Recipient shall attempt to utilize, in good faith, any MBE or WBE identified within its MWBE Utilization Plan, during the performance of the project. Requests for a partial or total waiver of established goal requirements made subsequent to the execution of the Incentive Proposal may be made at any time during the term of the project to ESD, but must be made no later than prior to the submission of a request for final payment on the project.
k) Recipient is required to submit a Periodic MWBE Contractor Compliance & Payment Report (Form OCSD-6) to the OCSD by the 10th day following each end of quarter over the term of the project documenting the progress made toward achievement of the MWBE project goals. This report may be submitted monthly or quarterly. However, it may not be submitted less frequently than on a quarterly basis.
Periodic compliance and payment reports may also be submitted electronically through the New York State Contract System, found at https://ny.newnycontracts.com. The Contract System provides automated electronic alerts to the Recipient and any identified sub-contractors and sub-vendors and allows for the electronic reporting and confirmation of the relevant data by all tiers of identified subcontractors. For additional information regarding this process, please contact OCSD.
- Good Faith Efforts is the standard applied to the MWBE participation requirements in all applicable ESD incentives. Recipients shall adhere to this standard and ensure that proactive and ongoing efforts are made throughout the length of the project to include MWBE participation in all categories where MWBE participation potential exists. Good Faith Efforts include, but are not limited to, the following factors:
- Unbundling of contracts to facilitate MWBE participation in the project scope.
- Direct solicitation of New York State certified MWBE firms.
- Inclusion of enforceable MWBE requirements in all subsequent contractual agreements, in accordance with the goals stated herein (item b, above).
- Monitoring and enforcement of contractual MWBE requirements in subsequent agreements.
- Timely submission of relevant forms, including MWBE Participation Plans and Quarterly or Monthly Compliance Reports.
- Maintenance of detailed records supporting the Recipient’s efforts to include the participation of MWBE firms in the project.
For additional details regarding Good Faith Efforts, please review section 142.8 of NYCRR5 (MWBE Rules and Regulations), found at:
http://esd.ny.gov/MWBE/Data/OFFICIAL_COMPILATION_OF_MWBEREGS.pdf
- Where MWBE goals have been established herein, pursuant to 5 NYCRR §142.8, Recipient must document “good faith efforts” to provide meaningful participation by MWBEs as subcontractors or suppliers in the performance of the project. The Recipient acknowledges that if Recipient is found to have willfully and intentionally failed to comply with the MWBE participation goals and requirements set forth herein, such a finding may result in the recapture of grant proceeds. Such MWBE Recapture shall be calculated as an amount equaling the difference between: (1) all sums identified for payment to MWBEs had the Recipient achieved the MWBE project goals; and (2) all sums actually paid to MWBEs for work performed or materials supplied under the project.
- Recipient’s demonstration of Good Faith Efforts shall be a part of these requirements. These provisions shall be deemed supplementary to, and not in lieu of, other applicable federal, state or local laws.
Any questions relating to the MWBE requirements stated herein may be directed to ESD’s Office of Contractor and Supplier Diversity at ocsd@esd.ny.gov. Recipient may also address any inquiries relating to the above MWBE requirements to the respective OCSD project manager.
Documents relating to MWBE requirements outlined herein must be provided to OCSD in one of the following ways:
- In an email to ocsd@esd.ny.gov or
- the New York State Contract System (https://ny.newnycontracts.com) or
- through postal mail, addressed to:
Empire State Development
Office of Contactor & Supplier Diversity
633 Third Avenue, 35th Floor
New York, NY 10017
All communications to OCSD must clearly identify the project in question and provide pertinent details.
It is the policy of the City of Rome to encourage the greatest possible participation of minority and women-owned business enterprises. All qualified Minority and Women-Owned Business Enterprises (MWBE) suppliers, contractors, and/or businesses will be afforded equal opportunity without discrimination because of race, color, religion, national origin, sex, age, disability or sexual preference.
No proposal may withdraw their Bid within sixty (60) days after the date set for the opening thereof. Incomplete proposals will be disqualified.
The City of Rome, New York, reserves the right to reject any or all proposals or to accept any proposal deemed to be in its best interest.
Jean I. Grande
City Clerk
Board of Estimate & Contract
LEGAL SECTION: 1 TIME
DATE: 5/25/2017, 2017
DATE TO APPEAR: 5/30/2017