Professional Documents
Culture Documents
FOR
PROPOSALS
P U R C H A S E & D E V E LO PM E N T O F 2 7 AC R E S
O N H A R R I MA N O F F I C E C A M P U S
THE SITE
TABLE OF CONTENTS
I. Introduction.........................................................................................................................................................................................................................................................................
A.
Opportunity Overview ....................................................................................................................................................................................................................................
3
B.
History and Future Plans ................................................................................................................................................................................................................................
3
C.
RFP Submission Process .................................................................................................................................................................................................................................
4
D.
Restrictions on Communication Summary of Policy and Prohibitions on Procurement Lobbying ................................................................................
5
E.
RFP Inquiries .......................................................................................................................................................................................................................................................
5
F.
Site Tour ................................................................................................................................................................................................................................................................
6
II.
Site Description & Development Plan........................................................................................................................................................................................................................
7
A.
Site Description .................................................................................................................................................................................................................................................
8
B.
Development Objectives ...............................................................................................................................................................................................................................
8
III.
Market Area Description ................................................................................................................................................................................................................................................
13
A.
Regional Area .....................................................................................................................................................................................................................................................
14
B.
Neighborhood ...................................................................................................................................................................................................................................................
14
IV.
Proposal Requirements ..................................................................................................................................................................................................................................................
20
A.
Submission Requirements .............................................................................................................................................................................................................................
23
B.
Purchase Price ....................................................................................................................................................................................................................................................
23
C.
Part I Submission ...............................................................................................................................................................................................................................................
24
D.
Part II Submission ..............................................................................................................................................................................................................................................
25
V.
Evaluation ............................................................................................................................................................................................................................................................................
26
A.
Selection Criteria ...............................................................................................................................................................................................................................................
27
B. Finalists..................................................................................................................................................................................................................................................................
27
C.
PART II Evaluation...............................................................................................................................................................................................................................................
28
VI.
Miscellaneous .....................................................................................................................................................................................................................................................................
28
A.
Developer Due Diligence Condition of Sale ........................................................................................................................................................................................
29
B.
Disposition Process ..........................................................................................................................................................................................................................................
29
C.
Statement of Limitations ................................................................................................................................................................................................................................
29
D.
Procurement Requirements ..........................................................................................................................................................................................................................
30
31
The following are available on www.NYSHarrimanCampusLandForSale.com:
- PART I SUBMISSION COMPONENTS CHECKLIST
- APPENDIX A - STANDARD CLAUSES FOR NEW YORK STATE CONTRACTS
- PART I RFP WORKBOOK
- ENVIRONMENTAL ANALYSIS
- DEMOLITION REPORTS
- UTILITY STUDY
- ELECTRIC & GAS UTILITY MAP
- SANITARY & WATER CONNECTION MAP
HARRIMAN OFFICE CAMPUS | 2
INTRODUCTION
A. OPPORTUNITY OVERVIEW
The New York State Office of General Services (OGS) is seeking proposals for the purchase and
development of 27 acres (the Project) in the southeastern portion of the Harriman Office Campus (the
Site or Property), located in Albany, NY. OGS envisions a project with a vibrant and synergistic mix
of usespotentially including corporations; companies in the healthcare, technology, research and
education sectors; retailers; hospitality uses; and ancillary parking.
Each party that submits a response (Proposal) to this Request for Proposals (RFP) is referred to herein
as a Respondent, and the Respondent that is conditionally selected or designated through this RFP
process is referred to herein as the Designated Developer. Respondents to this RFP may propose mixed
commercial developments, including office and retail, that will advance the development objectives
discussed in Section II(B).
Located in one of the fastest growing areas of New York States Capital Region, the Site is contained within
the dynamic Harriman Campus, which is currently being extensively redeveloped. New York State (NYS)
will continue to maintain offices in the central portion of the campus, investing $152 million in renovation
and office space restacking of many of its office buildings. The northwestern portion of the Campus is
being redeveloped by the University at Albany as its new Emerging Technology and Entrepreneurism
Complex (ETEC) Campus. When the New York State office renovations and ETEC projects are completed
in 2020, the Campus will have a daytime population of approximately 12,400 employees and students.
This large population will be a tremendous source of demand for any supporting retail developed at the
Site, which is within walking distance.
The Site and the Campus are located along Albanys Washington Avenue corridor, an important
educational, medical and governmental hub in the Capital Region. In addition to the State Offices and
future ETEC development, this area includes the uptown campus of the 17,300-student State University
of New York at Albany (University at Albany), SUNYs College of Nanoscale Science and Engineering
(SUNY Poly), hundreds of thousands of square feet of medical and professional office space, two
super regional malls, a cluster of hotels with 590 guest rooms and residential neighborhoods. The local
workforce is highly educated and skilled, and demographics suggest continued long-term growth in
the area. These factors, combined with the Sites proximity to bus service and major highways, providing
direct access to downtown Albany, Albany International Airport and Amtrak train service, support the
Sites position as a premier location for commercial development.
HARRIMAN
o f f i ce c a m p u s
INTRODUCTION
INTRODUCTION
Designated Contacts:
Fall 2016
For Media Inquiries:
Heather Groll (OGS) - P: 518.474.5987 | E: Heather.Groll@ogs.ny.gov
INTRODUCTION
E. RFP INQUIRIES
OGS has engaged the real estate company CBRE to represent it as a broker for this sale. Three CBRE employees have been designated contact persons on this
solicitation. Any potential Respondents may engage in conversations with these specific three CBRE employees. All conversations and inquiries involving
CBRE and potential Respondents will be reported to OGS on a routine basis. All applicable questions and answers will be published on the RFP website, www.
NYSHarrimanCampusLandForSale.com, in a timely manner in order to ensure that all Respondents have access to the same information when preparing their
development plans and Proposals. OGS will accept written questions via email from prospective Respondents regarding the RFP. Please submit questions to
HarrimanRFP@ogs.ny.gov.
Written questions should include the requestors name, email address, and the Respondent represented if the inquiry is submitted by an agent. Responses to
all appropriate questions will be posted on the RFP website, www.NYSHarrimanCampusLandForSale.com. When responses to inquiries are posted on www.
NYSHarrimanCampusLandForSale.com, OGS will notify all Respondents that have provided a contact person and associated email address to OGS.
As described on page 5, no contact related to this solicitation with OGS officers, employees, or consultants, other than to the designated contact people
identified above, will be allowed by Respondents or representatives of a Respondent during the Restricted Period of this RFP. Any other contact with an OGS
employee by a potential Respondent is grounds for disqualification.
The Procurement Requirements (1) govern permissible communications between potential Respondents and OGS or other involved governmental entities
with respect to this RFP; (2) provide for increased disclosure in the public procurement process through identification of persons or organizations whose
function is to influence procurement contracts, public works agreements, and real property transactions; and (3) establish sanctions for knowing and willful
violations of the provisions of the Procurement Requirements, including disqualification from eligibility for an award of any contract pursuant to this RFP.
NOTE TO POTENTIAL RESPONDENTS: OGS requests that all interested Respondents submit a contact person and associated email address to
HarrimanRFP@ogs.ny.gov immediately to stay best informed about updates or addenda to this RFP. There are no scheduled dates for such updates or
addenda, so interested Respondents should check www.NYSHarrimanCampusLandForSale.com regularly, from the date of RFP issuance through the bid
opening. Although OGS intends to notify Respondents contact persons via email of updates or addenda, it is the sole responsibility of the Respondents to be
knowledgeable of all addenda related to this RFP.
INTRODUCTION
F. SITE TOUR
For those wishing to participate in a site visit, please notify the real estate company CBRE at least 48 hours in advance by emailing Eric Simonds at
Eric.Simonds@cbre-albany.com with contact information for all attendees, including name and email address.
Any information gathered verbally at the site tour will be considered unofficial and should not be relied on. Official responses will be posted to the RFP website,
www.NYSHarrimanCampusLandForSale.com, and all interested parties who have provided their email address will be notified by email on the day that official
responses are posted.
II
A. SITE DESCRIPTION
The 27-acre Site being offered for sale was further improved for redevelopment with the demolition of Campus Buildings 1 and 1A. This improvement is continuing
with the demolition of Building 2, which is underway and will be completed by the end of 2016. The sites of Buildings 1 and 1A are cleared and free of hazardous
materials. As part of the demolition, the building foundations were taken down at least two feet below grade, and their concrete slabs were broken up into
material of 2-inch diameter or less. Remaining material was then compacted in place. Building 2 will be demolished, and the site will be left in the same condition
as the sites where Buildings 1 and 1A previously stood.
1. ZONING
The Site is located in the City of Albany Commercial Office (CO) zoning district, as indicated by the City Zoning Map. However, the City of Albany is currently in
the midst of rewriting its zoning code and land development regulations (http://rezonealbany.com). Having commenced in October 2014, ReZone Albany will be
the first major rewrite of the zoning regulations since 1968 and is expected to take two years to complete. Respondents are encouraged to submit Proposals that
comply with the City of Albany zoning at the time of submission. The goal of this effort is to encourage smarter and more efficient building design, and create a
more straightforward and predictable process for building improvements and new development.
Development of the Site should be considered within the context of Albany 2030, the Comprehensive Plan for the City of Albany, which identified the Harriman
Campus as one of Albanys regional activity centers. These centers are described as major urban hubs that draw residents and visitors from throughout the region
and beyond. The Plan specifically refers to the 330-acre campus, which includes the Site, as an unparalleled opportunity for redevelopment and reinvestment.
In the Plans implementation section, it seeks to develop the Harriman Campus as a mixed-use, transit-oriented community and is listed as an ongoing project
combining the efforts of City, State and institutional partners. For your reference, the Plan is available online at www.albany2030.org/general/final-plan.
For more information, please use the following links:
City of Albany Board of Zoning Appeals and Zoning Ordinance
http://www.albanyny.org/Government/Departments/DevelopmentandPlanning/BZA.aspx
http://www.ecode360.com/7686425
Zoning Map
http://www.arcgis.com/home/item.html?id=f17b89cd5e424e878446728328cd56dc
2. ECONOMIC DEVELOPMENT
The Site is also located within the region covered by the Capital Region Economic Development Council (CREDC). In 2011, Governor Cuomo created 10
Regional Councils to develop long-term strategic plans for their regions economic growth. These Regional Councils are a key component of Governor
Cuomos transformative approach to economic development. They are public-private partnerships made up of local experts and stakeholders from
business, academia, local government and non-governmental organizations. The CREDC is one of the 10 regions across the State and has produced an
innovative strategic plan and implementation agenda for the region. The CREDCs Strategic Plan, recent Progress Report (2015) and other documents can
be found at http://regionalcouncils.ny.gov/content/capital-region.
HARRIMAN OFFICE CAMPUS | 8
II
A. SITE DESCRIPTION
3. ACCESS, VISIBILITY AND TOPOGRAPHY
TOPOGRAPHY
Albany
International
Aiport
THE SITE
Downtown
Albany
II
A. SITE DESCRIPTION
4. UTILITIES
New York State is investing in several infrastructure access upgrades that make the Site prime for redevelopment.
Sanitary Sewer A new sanitary pumping station will be constructed on OGS property, west of the Sites property line. OGS will provide a connection point
(manhole) in the vicinity of the southwestern corner of the parcel. This manhole will provide a gravity connection to the future sanitary pumping station, which
will ultimately be pumped, via force main, north to a City of Albany sanitary discharge point.
A sanitary main that serves the balance of the Campus, traverses the west side of the Site heading south, then turns east into the Site and then south again.
This main sanitary line is anticipated to be abandoned in place once the new sanitary pumping station is online, but until such time remains an active
discharge line for Harriman Campus facilities west of the Site.
Electric Service and Natural Gas The Designated Developer will be responsible for acquiring electric and gas services from National Grid. Please see the Table
Potable Water Services - City water service will be made available to the Site at the northwest corner of the Site via an existing 12-inch water main that services
the Harriman Campus from the City of Albanys water main supply pipe routed along Washington Avenue.
Communication Support System - A NYS Information Technology Services (ITS) conduit system crosses the property. It consists of three manholes that ITS
is working to vacate as well as two manholes that once interconnected Campus Bldgs. 1 and 2 with the ITS conduit system. The three manholes represent
a segment of the original conduit system that was installed when the Campus was first developed. The other two manholes are a segment of the conduit
ring that was installed around the Campus in the 1990s. NYS-ITS is working on a plan to vacate the ducts of all NYS cable plant and if present, other carriers
facilities within these ducts.
The conduit duct bank can be used to support fiber optic and copper cabling facilities for the Site with minimal need to install new conduit facilities. The
manholes on the site interconnect to others on the ITS-owned conduit system (not part of the sale). However, communications carriers will be allowed access
to several conduits through the eastern most manholes. Carriers will be required to coordinate with ITS to plan facility routes through the ITS conduit system
or they may construct entrances to the manhole(s) that provide access to the vacated duct system.
5. ENVIRONMENTAL
As stated previously, Buildings 1 and 1A were removed by the State in 2014. The remaining Building 2 will be demolished by the end of 2016. As part of the
demolition an underground storage tank (UST) was removed. Additional information on those demolitions and a report on the removal of the UST can be
found on www.NYSHarrimanCampusLandForSale.com. A Phase 1 Environmental Study for the Site has been prepared by OGS and will be available to
interested parties on www.NYSHarrimanCampusLandForSale.com. Any additional studies beyond Phase 1 and any necessary cleanup will be the responsibility
of the Designated Developer. As part of the disposition process (see Section VI(B) herein), OGS intends to conduct an environmental review of the sale and
development of the Site that is compliant with the State Environmental Quality Review Act (SEQRA) and the regulations promulgated thereunder. The
Designated Developer shall be responsible for, among other things, submitting a full environmental assessment form. Information on SEQRA can be found at
http://www.dec.ny.gov/permits/357.html.
HARRIMAN OFFICE CAMPUS | 10
II
A. SITE DESCRIPTION
6. TAXES
Currently, the property is owned by the People of the State of New York and therefore is exempt from property taxes. Under a purchase and private re-use of the
Site, property taxes would be assessed for the entire Site by the City of Albany through its Department of Assessment and Taxation (the Department) and would
be the responsibility of the Designated Developer to pay.
The Designated Developer may consider available State and local incentive programs. The Designated Developer should work with the Capital Region Economic
Development Council and City of Albanys economic development organization, Capitalize Albany Corporation, to identify potential resources and programs to
the project, including, but not limited to:
City of Albany Industrial Development Agency and Capital Resource Corporation
The purposes of the City of Albany Industrial Development Agency (CAIDA) and Capital Resource Corporation (CACRC) are to promote, develop, encourage and
assist in acquiring, constructing, improving, maintaining or equipping certain eligible projects. Both the CAIDA and CACRC provide specific financial assistance
that serves to lower the costs of undertaking and financing projects. More information about the organizations and incentives can be obtained by using the
following link: http://albanyida.com/.
Capitalize Albany Corporation Real Estate Loan Program
Capitalize Albany Corporation is a registered 501(c)(3) not-for-profit organization that implements economic development programs and resources to create,
retain, and attract both business and investment in the City of Albany. Capitalize Albany Corporation administers a real estate loan program that provides financing
to qualifying real estate development projects. More information about the Corporation and the loan program can be obtained by using the following link: http://
capitalizealbany.com/.
New York State Regional Economic Development Council Programs
Through the Regional Economic Development Council initiative, a Consolidated Funding Application (CFA) was created to give businesses and other entities
streamlined and expedited access to economic development funding from various State funding agencies. Awards for CFA projects located in the Capital Region
are based on endorsement of the CREDC and the state agency. Since 2011, the Regional Councils have collectively awarded nearly $3 billion to more than 3,100
job-creation and community development projects across the State, supporting the creation or retention of more than 150,000 jobs. Read more about the REDC
programs here: http://regionalcouncils.ny.gov/.
II
A. SITE DESCRIPTION
7. SITE MAP
4
5
3
2
1
1
2
3
4
5
II
B. DEVELOPMENT OBJECTIVES
The States objective is to select a project that is compatible with the existing Campus, reflects the areas character and increases tax base for the City of Albany.
Permitted uses include office, medical office, laboratory, retail and lodging, along with ancillary parking. The State will not accept any Proposal that includes
residential use. The project should complement the Campus and should not create negative impacts for existing uses and the States future plans on the Campus, as
stated in Section I (B). This includes functional arrangement of facilities, traffic circulation (vehicular and pedestrian), parking and green space. Closing documents
shall include, among other terms and conditions, a Declaration of Restrictive Covenant, or alternatively, a deed with restrictive covenant prohibiting residential use
at the Site for 20 years.*
OGS is seeking Proposals that are responsive to, but not limited to, the following development priorities:
Be of quality and character that is aesthetically and functionally consistent with the existing offices and the States future plans on the
Campus.
Emphasize pedestrian interaction with the existing office buildings on the Campus and provide retail opportunities for Campus employees
Introduce sustainable development initiatives and align with green principles, including incorporating green space and maintaining as many
of the existing mature trees as possible to preserve a perimeter buffer along the Campus ring road.
Minimize traffic disruption by utilizing existing access points with the State-owned Campus ring road. Minimize congestion by maintaining at
increase the tax base of the City, and include meaningful participation of New York businesses, including small businesses, certified Minorityand Women-Owned Business Enterprises (MWBEs), and certified Service-Disabled Veteran-Owned Businesses (SDVOBs).
*Residential use shall include single- or multi-family dwellings or other dwelling units, apartments or apartment buildings, dormitories or other student housing, boarding or rooming houses,
adult or senior living facilties, or other structures intended to be occupied on a permanent or temporary basis and that include kitchen or cooking facilities. Residential use shall not include
lodging, hotel, or motel uses that contain rooms intended and designed to be occupied for sleeping purposes by transient guests.
HARRIMAN OFFICE CAMPUS | 13
III
The following describes the Sites market area, highlighting the many advantages of the location for a new commercial project.
A. REGIONAL AREA
III
Troy, NY
7 MIL
ES
Albany
International
Aiport
THE SITE
Albany Medical
Center
Albany Central
Business District
III
A. REGIONAL AREA
1. DEMOGRAPHICS
Select demographic and economic data that illustrate the desirability of the Site as the location for new private developement are presented below.
Population and Age
Esri ArcGIS, a nationally recognized source of economic data, estimates that 418,000 residents lived within a 10-mile radius of the Site in 2015. This reflects steady
growth since 2000, with more than 22,000 residents added to the market over this 15-year period. Growth is expected to continue through 2020, when the
number of residents in this area is expected to increase to nearly 423,000.
Household Income
The local residents achieve high income levels for this region. Households within a 10-mile radius of the
Site have an average household income of nearly $78,600, with more than one in four households having
incomes over $100,000. By 2020 the areas average household income is expected to increase to $89,100,
compared to the projected national increase to $84,910.1
Educational Attainment
The local population is highly educated and skilled. In 2015, half of all residents older than 25 years old had
associates, bachelors or graduate/professional degrees. Further, only 8% of residents had no high school
diploma or GED. Compared to national educational attainment rates the local population is consistent in
all areas but exceeds the national average in graduate/professional degree attainment.1
Graduate/
Professional
Degree
18%
No
Diploma
8%
High School
or GED
25%
Bachelors
Degree
21%
Associates
Degree
11%
Some College
No Degre e
17%
III
A. REGIONAL AREA
2. LARGEST PRIVATE SECTOR EMPLOYERS
The combination of State government, which employs more than 30,000 in Albany County, and the large and growing educational and health care sectors in the area
has resulted in a strong and stable regional economy in this market. These institutions are complemented by a wide range of private sector employers. The following
table presents the largest private sector employers in the Capital Region that are within commuting distance of the Site.
Employer
No. of
Employees
Industry
12,130
Health care
8,652
8,208
General Electric
7,000
Hannaford Supermarkets
5,000
Supermarkets
Ellis Medicine
3,479
Stewart Shops
3,099
Convenience stores
3,000
2,736
10
2,651
Disability services
11
Global Foundries
2,400
Semiconductor Manufacturing
12
2,187
Health care network with acute care, surgery and specialty care
13
1,968
14
1,610
15
1,600
Insurance
16
1,250
17
National Grid
1,100
18
Regeneron Pharmaceuticals
1,100
Biopharmaceutical company
19
1,000
20
KeyCorp
905
Financial Services
21
M+W US Inc.
850
22
AngioDynamics Inc.
874
23
866
Private college
24
Union College
864
Private college
25
800
III
A. REGIONAL AREA
3. HIGHER EDUCATION
The Capital Region also includes a number of well-known colleges and universities, with more than 100,000 students located in the area. These institutions
include: State University of New York at Albany, SUNY Polytechnic Institutes College of Nanoscale Science and Engineering, Rensselaer Polytechnic Institute, Siena
College, Skidmore College, Union College, Albany Medical College, Albany Law School, Albany College of Pharmacy and Health Sciences, College of Saint Rose,
SUNY Empire State College, Excelsior College, Hudson Valley Community College, Maria College and The Sage Colleges. Many of these educational institutions
have large research components that contribute to the growth of the regions economy.
COLLEGES/UNIVERSITIES MAP
THE SITE
III
A. REGIONAL AREA
4. OFFICE MARKET OVERVIEW
According to CBRE Research, the Capital Region office market contains approximately 30 million square feet of space, with a vacancy rate of 13.4% as of year-end
2015. The Site is located in the Suburban Albany submarket, which at 13.9 million square feet, is the Regions largest submarket. Even with a vacancy rate of 13.9%
in the suburban Albany County there is still a deficiency in large, contiguous Class A, suggesting that new Class A office development could be supported.
Market Area
Inventory
Vacancy
Under
Construction
Total RBA
Total SF
Suburban Total
19,529,624
2,559,549
13.1
237,000
$16.63
Albany
13,973,657
1,944,687
13.9
60,000
$16.86
Saratoga
27,064,431
257,988
9.5
60,000
$16.31
448,540
11,425
2.5
27,000
$12.00
Rensselaer
2,548,314
347,565
13.6
90,000
$14.63
4,759,818
941,244
19.8
$17.08
1,152,793
252,765
21.9
$21.47
3,401,738
561,836
16.5
$16.11
205,287
126,643
61.7
$12.11
1,140,835
174,256
15.3
$13.79
618,747
24,284
3.9
$20.68
Schenectady
1,943,424
153,664
7.9
Troy
1,350,751
81,849
6.1
$15.69
Total
29,343,199
3,934,839
13.4
$16.62
Schenectady
Glens Falls
Saratoga
Quoted
Rates
Average PSF
16,000
$15.62
III
B. NEIGHBORHOOD
1. NEIGHBORHOOD MAP
The neighborhood surrounding the Site is extremely conducive to the development of a first-class commercial and retail development. It is one of the fastest
growing areas within the Capital Region and is experiencing significant private- and public-sector investment. In addition to the Harriman Office Campus, which
hosts more than 8,000 employees, the local area includes two universities, hundreds of thousands of square feet of general and medical offices, supporting and
destination retail, and lodging accommodations at a variety of price points. In addition, single-family neighborhoods and an increasing number of mid-rise
residential rental properties in the area allow residents proximity to working and shopping. Additional office, medical office, lodging and retail in the surrounding
neighborhood are depicted on the map, below.
Colonie
Center (Mall)
Hotels
Crossgates
Mall
Patroon Creek
SUNY Poly
Development
CNSE
SUNY Albany
Uptown Campus
HARRIMAN
OFFICE
CAMPUS
THE SITE
III
B. NEIGHBORHOOD
2. EDUCATION
III
B. NEIGHBORHOOD
3. COMMERCIAL
Patroon Creek Development
Patroon Creek is a highly successful development located near the Site, directly
across Washington Avenue. This mixed-use property includes 260,000 square
feet of Class A office space with more than 1,000 employees, supporting retail
space and 300 luxury rental apartments. The office portion consists of medical
users and corporate tenants.
Crossgates Mall
Crossgates Mall is located 2.4 miles
northwest of the Site, near the intersection
of Washington Avenue Extension and I-87.
This 1.7 million-square-foot super regional
mall contains numerous well-known tenants,
including Macys, Lord & Taylor, H&M,
Apple, Best Buy, DSW, Dave & Busters,
Forever 21, Dicks Sporting Goods, Regal
Cinemas, and JCPenney.
Hotels
Colonie Center
Colonie Center is a 1.2 million-square-foot
super regional mall located 2.8 miles northwest
of the Site, along Wolf Road. Tenants at this
property include L.L. Bean, Whole Foods,
Macys, Boscovs, Sears, Whole Foods, Express,
Sephora, Barnes & Noble, Regal Cinemas and
American Eagle.
IV
PROPOSAL REQUIREMENTS
A. SUBMISSION REQUIREMENTS
The following are the submission requirements for all Proposals in response to this RFP. All Respondents are requested to provide Part I Proposals. Selected Finalists
will then be requested to submit Part II of their Proposal. Upon selection, Finalists should be prepared to provide more detailed information concerning the sources
of financing and equity, and the certainty of their commitments. Specific requirements for Part I and Part II sumbissions are detailed, below.
Respondents should submit Proposals that clearly and concisely provides all of the information requested. Proposals that do not comply with these instructions or
do not meet the full intent of all the requirements of this RFP may be subject to scoring reductions during the evaluation process or may be deemed non-responsive.
Initial Proposals should not be longer than 100 pages of text and graphic renderings.
Respondents should submit eight (8) hard copies and one (1) electronic copy (USB drive or CD/DVD) of their Proposal. Submission of a Part I Proposal must be
received by OGS by 3PM on September 15, 2016 at the following address:
Office of General Services Real Estate Center
Corning Tower 41st Floor
Empire State Plaza Albany, NY 12242
Respondents assume all risks for timely, properly submitted deliveries. Respondents are strongly encouraged to arrange for delivery of Proposals to OGS prior
to the date of the Proposal deadline. An envelope and/or package containing a Proposal should be clearly marked PROPOSAL ENCLOSED and state the RFP
Name, Proposal Opening Date, and time. Proposals will be submitted in two parts. The first submission will be due on the Proposal deadline identified in the RFP,
September 15, 2016, and should include all components stated in Part I Submission Components Checklist. Part II submissions will be requested by the State of only
those Respondents that are identified as finalists. OGS reserves the right, in its sole discretion, to reject any Proposal that it deems incomplete or unresponsive to
the RFP requirements. OGS also reserves the right, in its sole discretion, to cancel this RFP and make no award for any reason or for no reason.
Hand deliveries: Respondents must allow extra time to comply with the building access procedures in effect at the Empire State Plaza, Corning Tower when
hand delivering Proposals or using deliveries by independent courier services. Respondents assume all risks for timely, properly submitted deliveries. To access
the Corning Tower, all visitors must check in by presenting photo identification at the security desk. Respondents who elect to hand deliver their Proposals are
encouraged to pre-register for building access by contacting the designated contacts at least 24 hours prior to the Proposal submission. Visitors who are registered
can check in directly with the security desk. Visitors who are not pre-registered shall be directed to a designated phone to call the designated contact. Building
access procedures may change or be modified at any time.
Any Proposal received at the designated location after the established time will be considered a Late Proposal. A Late Proposal may be rejected and disqualified
from award. Notwithstanding the foregoing, a Late Proposal may be accepted in OGSs sole discretion where (i) no timely Proposals meeting the requirements of
the Solicitation are received, or (ii) the Respondent has demonstrated to the satisfaction of the Commissioner that the Late Proposal was caused solely by factors
outside the control of the Respondent. However, in no event will OGS be under any obligation to accept a Late Proposal.
The basis for any determination to accept a Late Proposal shall be documented in the procurement record.
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PROPOSAL REQUIREMENTS
B. PURCHASE PRICE
The purchase price must be a minimum $5.1 million, and must be expressed in a fixed, non-contingent dollar amount to purchase the complete 27 acres.
The Designated Developer will be required to enter into an Agreement of Sale that provides the terms of sale and a commitment to develop the property in
compliance with the proposed development plan. A non-refundable good-faith earnest money deposit of 10% of the purchase price shall be made by the
Designated Developer upon signing the Agreement of Sale. All costs and out-of-pocket expenses for studies required for the proposed development will be
paid by the Designated Developer, as well as any costs of environmental tests or consultants, or other due diligence required prior to closing. The deposit will be
credited toward the full purchase price, which will be paid in full at closing.
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PROPOSAL REQUIREMENTS
C. PART I SUBMISSION
To assist Respondents, a Proposal checklist Part I Proposal Submission Checklist is attached to this RFP. A Part I Proposal that does not include all of the information
requested in the Checklist may be subject to rejection and may not be evaluated.
A complete Part I Proposal for this RFP consists of two primary components:
1. Development Proposal
2. RFP Workbook
1. DEVELOPMENT PROPOSAL
Each Respondent submitting a Proposal must demonstrate the ability to develop the Site in a manner consistent with its Proposal. Below is a listing of the
information to be provided in the Development Proposal. OGS requests that all Development Proposals be bound and organized with dividers for ease of reference
for reviewers. The Development Proposal should address each of the items specified in the attached Checklist.
A.
B.
C.
D.
E.
Respondent Information
Development Team
Project Description
Site Plan and Architectural Design
Zoning Calculation
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PROPOSAL REQUIREMENTS
D. PART II SUBMISSION
Finalists, selected by OGS based on review of Part I, will be afforded approximately 30 calendar days to complete the Submission. The deadline will be established by
OGS when notification and formal submission components are requested of Finalists. Upon notification by the State that a Respondent has been deemed a Finalist,
the State will provide Finalists with a Part II Submission Components Checklist. Part II Submission Components is anticipated to include the following:
1. FINANCIAL DOCUMENTS
Letters of interest from equity or debt sources
Current operating budget and previous three years of audited financials for all entities with an ownership percentage in the Proposal
A workbook will request rent and expense assumptions for the developed property.
2. RFP WORKBOOK PART II
Key Financial Assumptions, Including Purchase Price
Development Budget
Sources of Fund
Pro Forma Inputs
Pro Forma pg. 2-5
3. ADMINISTRATIVE REQUIREMENTS
In addition, all finalists must complete and submit the NYS Vendor Responsibility Questionnaire, which can be accessed at: http://www.osc.state.ny.us/vendrep/.
EVALUATION
A. SELECTION CRITERIA
When evaluating Responses, the following selection criteria will be considered:
OGS also reserves the right to conduct interviews with, or pose questions in writing to, all Respondents in order to clarify the content of their Proposals and to ensure
a full and complete understanding of each Proposal. OGS shall take steps to pursue uniformity in the questions it asks to Respondents to the extent practicable.
OGS may ask different, or additional questions, to Respondents in any individual interview or in writing. OGS designated contacts shall conduct any interviews, and
Respondents who are invited to be interviewed shall receive additional instructions upon invitation.
In evaluating the capabilities of the Respondent, OGS may utilize any and all information available to it. This includes information not provided by the Respondent.
Responses should clearly and concisely state the unique capabilities, experience and advantages of the Respondent, and demonstrate the Respondents capability to
satisfy the requirements and objectives set forth in this RFP.
EVALUATION
B. FINALISTS
Part I Proposals will be evaluated, pursuant to selection criteria in Development Plan & Associated Components Part A, Section V of the RFP. The Respondents
whose Part I Proposals receive the three highest scores will be invited to participate in Part II of the RFP submittal process.
C. PART II EVALUATION
Finalists will be notified of their finalist status and will be asked to submit the additional Part II proposal submission components defined in Section IV. The State
will then evaluate Part II submissions according to the appropriate scoring criteria identified above to select the Designated Developer.
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C. STATEMENT OF LIMITATIONS
1. This RFP, submissions from Respondents to this RFP, and any relationship between OGS and Respondents arising from or connected or related to this RFP, are subject to the
specific limitations and representations expressed below, as well as the terms contained elsewhere in this RFP. By responding to this RFP, Respondents are deemed to accept
and agree to this Statement of Limitations. By submitting a response to this RFP, the entity acknowledges and accepts OGSs rights as set forth in the RFP, including this
Statement of Limitations.
2. The issuance of this RFP and the submission of a response by any firm or the acceptance of such response by OGS does not obligate OGS in any manner whatsoever. Legal
obligations will only arise upon execution of a formal contract by the OGS and the firm(s) selected by the OGS. Pursuant to Public Lands Law section 33, subdivision 5,
clarifications may be sought from Respondents for purposes of assuring a full understanding of responsiveness to the requirements of this RFP. Revisions may be permitted
from all Respondents determined by OGS to be responsive and responsible, and otherwise eligible for award as the Designated Developer. All responses to this RFP or
separable parts thereof may be rejected by OGS. Accordingly, OGS reserves the right (i) to amend, modify, or withdraw this RFP, (ii) to revise any requirements of this RFP,
(iii) to require supplemental statements or information from any Respondent, (iv) to accept or reject any or all responses thereto or separable parts thereof, (v) to extend
the deadline for submission of responses thereto, (vi) to hold discussions with any Respondent and to correct deficient responses which do not completely conform to the
instructions contained herein, and (vii) to cancel, in whole or part, this RFP, if OGS deems it in its best interest of the State to do so. OGS may exercise the foregoing rights at
any time without notice and without liability to any Respondent or any other party for its expenses incurred in the preparation of responses hereto or otherwise. Responses
hereto will be prepared at the sole cost and expense of each Respondent.
3. All information submitted in response to this RFP is subject to Article 6 of the NYS Public Officers Law, also known as the Freedom of Information Law (FOIL), which generally
mandates the disclosure of records in the possession of OGS upon the request of any person unless the content of the document falls under a specific exemption to disclosure.
During the evaluation process, OGS will not disclose the content of competing Proposals, other than clarifications or revisions thereto. FOIL provides for an exemption from
disclosure for trade secrets or information that, if disclosed, would cause injury to the competitive position of commercial enterprises. This exception to disclosure, if granted,
would survive the evaluation process and eventual contract award. If any Respondent wishes to claim that any information submitted in its Proposal constitutes a trade secret
or that disclosure of such information, even after a Designated Developer is selected, would cause injury to Respondents competitive position, Respondent may submit such
a claim at the time of submission of its Proposal, in writing, and support such a claim with relevant and material reasons in accordance with subdivision 5 of section 89 of
the Public Officers Law. Requests for exemption of the entire contents of a Proposal from disclosure have generally not been found to be meritorious and are discouraged.
Requests for exemption of information from disclosure should be limited to bona fide trade secrets or specific information, the disclosure of which would cause a substantial
injury to the competitive position of your firm. In accordance with FOIL, the determination as to whether records may be excepted from disclosure lies with OGS, not with
the Respondent.
4. OGS reserves the right, in its sole discretion, without liability, to utilize any or all of the RFP responses in its planning efforts. OGS reserves the right to retain and use the
materials and information, as well as the ideas and suggestions, submitted in response to this RFP, and each Respondent by submitting a response, grants to OGS an
unconditional and perpetual license without charge, to use any copyrighted or other protected information.
5. This RFP shall not be construed in any manner to implement any of the actions contemplated herein, nor to serve as the basis for any claim whatsoever for reimbursement
of costs for efforts expended in preparing a response to the RFP. OGS will not be responsible for any costs incurred by Respondents related to preparing and submitting a
response to this RFP, attending oral presentations, or for any other associated costs.
6. To the best of OGSs knowledge, the information provided herein is accurate. Respondents should undertake appropriate investigation in preparation of responses.
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D. PROCUREMENT REQUIREMENTS
1. OVERVIEW & COMMUNICATION
New York State Finance Law sections 139-j and 139-k (collectively, the Procurement Requirements) apply to this RFP. Compliance with the Procurement
Requirements requires that OGS staff (1) govern permissible communications between potential Respondents and OGS or other involved governmental
entities with respect to this RFP; (2) provide for increased disclosure in the public procurement process through identification of persons or organizations
whose function is to influence procurement contracts, public works agreements, and real property transactions; and (3) establish sanctions for knowing and
willful violations of the provisions of the Procurement Requirements, including disqualification from eligibility for an award of any contract pursuant to this RFP.
Compliance with the Procurement Requirements requires (1) the completion by Respondents of the Offerer Disclosure of Prior Non-Responsibility Determinations,
and the Offerers Affirmation of Understanding of and Agreement pursuant to State Finance Law (each form is accessible at the Required Forms for Vendors
link at the OGS web site under RFPs/RFQs); and (2) periodic updating of such forms during the term of any contract resulting from this RFP. Respondents must
submit the Offerer Disclosure of Prior Non-Responsibility Determinations, and the Offerers Affirmation of Understanding of and Agreement pursuant to State
Finance Law as part of their submittal.
The Procurement Requirements also require OGS staff to obtain and report certain information when contacted by prospective Respondents during the
Restricted Period, make a determination of the responsibility of Respondents, and make all such information publicly available in accordance with applicable
law. If a Respondent is found to have knowingly and willfully violated the Procurement Requirements, the Respondent and its subsidiaries, or related or
successor entities, will be determined to be non-responsible and will not be awarded any contract issued pursuant to this RFP. In addition, two such findings of
non-responsibility within a four-year period can result in debarment from obtaining any New York State governmental procurement contract.
All Respondents are solely responsible for full compliance with the Procurement Requirements. This is not a complete presentation of the provisions of the
Procurement Requirements. Further information about these requirements can be found on the OGS website: http://www.ogs.ny.gov/acpl.
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MISCELLANEOUS
2. VENDOR RESPONSIBILITY
OGS will conduct a review of Finalists to provide reasonable assurances that each Respondent is responsive and responsible. A For-Profit Business Entity Questionnaire
(hereinafter Questionnaire) is used for non-construction contracts and is designed to provide information to assess a Respondents responsibility to conduct
business in New York based upon financial and organizational capacity, legal authority, business integrity, and past performance history. By submitting a Proposal,
Respondent agrees to fully and accurately complete the Questionnaire. The Respondent acknowledges that the States execution of a contract will be contingent
upon the States determination that the Respondent is responsible, and that the State will be relying upon the Respondents responses to the Questionnaire when
making its responsibility determination.
OGS recommends each Respondent file the required Questionnaire online via the New York State VendRep System. To enroll in and use the VendRep
System, please refer to the VendRep System Instructions and User Support for Vendors available at the Office of the State Comptrollers (OSC) website,
http://www.osc.state.ny.us./vendrep/vendor_index.htm or to enroll, go directly to the VendRep System online at https://portal.osc.state.ny.us/Enrollment/register.
OSC provides direct support for the VendRep System through user assistance, documents, online help, and a help desk. The OSC Help Desk contact information
is located at http://www.osc.state.ny.us/portal/contactbuss.htm. Respondents opting to complete the paper questionnaire can access this form and associated
definitions via the OSC website at: http://www.osc.state.ny.us/vendrep/forms_vendor.htm.
In order to assist the State in determining the responsibility of the Respondent prior to contract award, the Respondent must complete and certify (or recertify)
the Questionnaire no more than six (6) months prior to the proposal due date. A Respondents Questionnaire cannot be viewed by OGS until the Respondent has
certified the Questionnaire. It is recommended that all Respondents become familiar with all of the requirements of the Questionnaire in advance of the Proposal
due date to provide sufficient time to complete the Questionnaire.
The Designated Developer agrees that if it is awarded an Agreement of Sale the following shall apply:
The Designated Developer shall at all times during the contract term remain responsible. The Designated Developer agrees, if requested by the Commissioner of
OGS, or her designee, to present evidence of its continuing legal authority to do business in New York State, integrity, experience, ability, prior performance, and
organizational and financial capacity.
OGS, in its sole discretion, reserves the right to suspend any or all activities under any Agreement of Sale or other contract, at any time, when it discovers
information that calls into question the responsibility of the Designated Developer. In the event of such suspension, the Designated Developer will be given written
notice outlining the particulars of such suspension. Upon issuance of such notice, the Designated Developer must comply with the terms of the suspension order.
Contract activity may resume at such time as OGS issues a written notice authorizing a resumption of performance under the Agreement of Sale or other contract.
Upon written notice to the Designated Developer, and a reasonable opportunity to be heard with appropriate OGS officials or staff, the Agreement of Sale or
other contract may be terminated by OGS at the Designated Developers expense where the Designated Developer is determined by OGS to be non-responsible.
In such event, OGS may complete the contractual requirements in any manner it may deem advisable and pursue available legal or equitable remedies for breach.
HARRIMAN OFFICE CAMPUS | 32
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MISCELLANEOUS
In no case shall such termination of the Agreement of Sale or other contract by the State be deemed a breach thereof, nor shall the State be liable for any damages
for lost profits or otherwise, which may be sustained by the Designated Developer as a result of such termination.
3. IRAN DIVESTMENT ACT
By submitting a Proposal in response to this RFP or by entering into an Agreement of Sale or other contract awarded hereunder, Respondent (or any assignee)
certifies that it is not on the Entities Determined To Be Non-Responsive Bidders/Offerers Pursuant to The New York State Iran Divestment Act of 2012 list (Prohibited
Entities List) posted on the OGS website at: http://www.ogs.ny.gov/about/regs/docs/ListofEntities.pdf and further certifies that it will not utilize any subcontractor
that is identified on the Prohibited Entities List.
During the term of the Agreement of Sale or other contract, should OGS receive information that a person (as defined in State Finance Law 165-a) is in violation of
the above-referenced certifications, OGS will review such information and offer the person an opportunity to respond. If the person fails to demonstrate that it has
ceased its engagement in the investment activity which is in violation of the Act within 90 days after the determination of such violation, then OGS shall take such
action as may be appropriate and provided for by law, rule, or contract, including, but not limited to, seeking compliance, recovering damages, or declaring the
Designated Developer or contractor in default.
OGS reserves the right to reject any Proposal, request for assignment, renewal or extension for an entity that appears on the Prohibited Entities list prior to the
award, assignment, renewal or extension of a contract, and to pursue a responsibility review with respect to any entity that is awarded a contract and appears on
the Prohibited Entities list after contract award.
4. EEO & DIVERSITY REQUIREMENTS
By submission of a Proposal in response to this RFP, the Respondent agrees with all of the terms and conditions of Appendix A - Standard Clauses for New York State
Contracts, including Clause 5 - Non-Discrimination Requirements, and Clause 12 - Equal Employment Opportunities for Minorities and Women. In addition, the
Designated Developer shall undertake or continue programs to ensure that minority group members and women are afforded equal employment opportunities
without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. For these purposes, equal opportunity shall apply in the
areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, termination, and rates of pay or other forms of compensation.
This requirement does not apply to: (i) work, goods, or services unrelated to the Agreement of Sale or other contract; or (ii) employment outside New York State.
Further, pursuant to Article 15 of the Executive Law (the Human Rights Law), and all other State and federal statutory and constitutional non-discrimination
provisions, the Designated Developer and sub-contractors will not discriminate against any employee or applicant for employment because of race, creed (religion),
color, sex, national origin, sexual orientation, military status, age, disability, predisposing genetic characteristic, marital status or domestic violence victim status, and
shall also follow the requirements of the Human Rights Law with regard to non-discrimination on the basis of prior criminal conviction and prior arrest.
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5. ENCOURAGING USE OF NYS BUSINESSES NYS MINORITY AND WOMEN OWNED, SERVICE-DISABLED VERERAN OWNED, AND SMALL BUSINESSES
New York State businesses have a substantial presence in State contracts and strongly contribute to the economies of the State and the nation. In recognition of the
economic activity generated by New York State businesses, Respondents to this RFP are strongly encouraged and expected to consider New York State businesses in
the fulfillment of their Proposals to develop the Site. Such partnering may be as subcontractors, consultants, or other supporting roles.
The use of certified Minority- and Women-Owned Business Enterprises (MWBEs) promotes equality of economic opportunity by breaking down barriers to growth for
MWBEs. New Yorks strength lies in the diversity, innovation and entrepreneurship of all its residents, and through the use of MWBEs, that strength is put to work for all
New Yorkers. For more information on New Yorks MWBE program, Respondents are encouraged to visit: http://www.empire.state.ny.us/MWBE.html.
Similarly, the use of certified Service-Disabled Veteran-Owned Businesses (SDVOBs) gives economic opportunity to those New Yorkers that have served
our country and our State and sacrificed for the benefit of us all. For more information on New Yorks SDVOB program, Respondents are encouraged
to visit: http://ogs.ny.gov/Core/SDVOBA.asp.
Small businesses are the heart of the American economy, comprising 98 percent of all businesses in New York and employing more than half of New Yorks private
sector workforce. Innovation, creativity, determination and perseverance are just a few of the essential qualities small business owners demonstrate every day. For more
information on New Yorks small business program, Respondents are encouraged to visit: http://esd.ny.gov/smallbusiness.html.
Public procurements can drive and improve the States economic engine through promotion of the use of New York businesses by its contractors. The State therefore
expects Respondents to provide meaningful participation of New York businesses in their proposed development, especially certified MWBEs, certified SDVOBs, and
small businesses. The potential participation of New York businesses will deliver great value to the State and its taxpayers.
HARRIMAN
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