City of Saratoga Springs, NYRFP Opening: Tuesday, Sept. 29, 2015 2:00 p.m.High Rock Parking Lot Redevelopment: RFP #2015-26_____________________________________________________________________________________________________________________

Joanne Yepsen Mayor

Michele D. Clark-Madigan Comm. of Finance

Anthony SciroccoComm. of Public Works

Christian MathiesenComm. of Public Safety

John Franck Comm. of Accounts

City of Saratoga Springs

Request for Proposal (RFP)

High Rock Parking Lot Redevelopment

PREPARED BY: Office of the Mayor July 21, 2015

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ALL BIDS SHALL BE ENCLOSED IN A SEALED ENVELOPE MARKED:

RFP #: 2015-26 High Rock Parking Lot Redevelopment

Name of Bidder: ____________________________________

RFP Opening: Tuesday, Sept. 29, 2015 at 2:00 p.m.

AND RETURN TO:

City of Saratoga SpringsDepartment of Accounts474 BroadwaySaratoga Springs, NY 12866

Notice to Bidders

The City of Saratoga Springs, New York, will receive sealed bids for High Rock Parking Lot Redevelopment. Sealed bids must be received in its entirety by the City of Saratoga Springs, Office of the Commissioner of Accounts, 474 Broadway, Saratoga Springs, New York, 12866, by Tuesday, Sept. 29, 2015 at 2:00 p.m. at which time they will be publicly opened and read.

Copies of the RFP may be obtained on the Citys web page at www.saratoga-springs.org, under current bids. There is no fee for these documents.

Addenda, if any, will be issued only to those persons whose name and address are on record with the City as having obtained a bid packet. Addenda to the bid, when issued, will be on file in the City Clerks Office at least five days before the bid opening date. If you have obtained a bid packet through the Citys web site and would like to be on record for any Addenda please email Stefanie.richards@saratogasprings.org with your name, bid packet obtained and email address.

Questions regarding the bid should be directed to Stefanie Richards in writing at Stefanie.richards@saratoga-springs.org. All bids must be made on the official bid form or an exact copy by reproduction thereof and enclosed is a sealed envelope.

No bidder may withdraw his/her bid within sixty (60) calendar days after the actual date of the opening thereof. Subsequent to sixty days an offer may be withdrawn in writing. State Finance Law 163(9)(e)

The City of Saratoga Springs reserves the right to reject any and all bids, to waive any and all informalities and the right to disregard all nonconforming, non-responsive or conditional bid documents. State Finance Law 163(9)(d)

City of Saratoga SpringsSaratoga County, New York

Instructions to Bidders

1. RFP DOCUMENTS

This document includes a complete set of the RFP specifications and required documents, which are for the convenience of bidders and are not to be detached from the bid.

2. INTERPRETATION OR ADDENDA

No oral interpretation will be made to any bidder as to the meaning of the bid or any part thereof. Every request for such an interpretation shall be made in writing to the City. Any inquiry received seven or more days prior to the date fixed for opening of bids will be given consideration. Every interpretation made to a bidder will be in the form of Addenda to the bid, and when issued, will be on file in the City Clerks Office at least five days before bids are opened.

All Addenda will be emailed to each person whose name and address are on record with the City as having attained a bid packet. All such Addenda shall become part of the bid and all bidders shall be bound by such Addenda, whether or not received by the bidders.

3. BIDS

All bids must be submitted on documents supplied by the City and shall be subject to all requirements of the bid, including any plans, and these Instructions to Bidders. All bids must be regular in every respect and no interlineations, excisions or special conditions shall be made or included in the bid documents by the bidder. The City Council may consider as irregular any bid on which there is an alteration of or departure from the bid forms hereto attached and at its option may reject the same.

In order to guard against premature opening of the bid documents, bids shall be enclosed in a sealed and clearly labeled envelope with the words:

RFP #: 2015-26 - High Rock Parking Lot Redevelopment

Name of Bidder: ____________________________________

Bid Opening: Tuesday, Sept. 29, 2015 at 2:00 p.m.

AND RETURN TO:City of Saratoga SpringsDepartment of Accounts474 BroadwaySaratoga Springs, NY 12866

4. WAIVER OF IMMUNITY AND NON-COLLUSIVE BIDDING CERTIFICATIONS

Each bidder submitting a bid to the City for the work contemplated by the documents on which bidding is based shall execute and attach thereto, the Non-Collusion Affidavit on the form herein provided, to the effect that he has not colluded with any other person, firm or corporation in regard to any bid submitted.Failure to submit the executed Waiver of Immunity and Non-Collusive Agreements at the time of bid submission will disqualify the bid submission.

5. VENDOR CODE OF CONDUCT

Contractor must execute Vendor Code of Conduct and include the agreement with the bid response submission. Failure to submit the executed Vendor Code of Conduct at the time of bid submission will disqualify the bid submission.

6. RISK AND SAFETY AGREEMENT

Bidder must execute the Risk and Safety Agreement and include the agreement with the bid response submission. Failure to submit the executed Risk and Safety Agreement at the time of bid submission will disqualify the bid submission.

7. CERTIFICATE OF INSURANCE

Bidder must include a Certificate of Insurance as outlined in the Risk and Safety Agreement with the bid response submission. Failure to submit a Certificate of Insurance at the time of bid submission will disqualify the bid submission.

8. CORRECTIONS

The bidder must initial erasures or other changes in the bid.

9. RECEIVING BIDS

Bids received prior to the advertised time of opening will be securely kept, sealed. The City Clerks office, whose duty it is to open them will decide when the specified time has arrived to open bids, and no bid received thereafter will be considered. LATE BIDS will be rejected. E-mail or faxed bid submissions are not acceptable and will not be considered. 10. OPENING OF BIDS

At the time and place fixed for the opening of bids, the City will cause to be opened and publicly read aloud every bid that was received within the time set for receiving bids. Bidders and other persons properly interested may be present, in person or by representative.

11. WITHDRAWAL OF BIDS

Bids may be withdrawn on written request dispatched by the bidder in time for delivery in the normal course of business prior to the time fixed for opening; provided that written confirmation of withdrawal over the signature of the bidder is placed in the mail and postmarked prior to the time set for bid opening.

12. EVALUATION PROCESS

After the bid opening, each bidders proposal will be screened for completeness and conformance with requirements for bid submission as set forth under the Bidders Submittal Instructions. Proposals that do not meet the Citys requirements as set forth in the RFP will be deemed nonresponsive and given no further consideration.

Proposals meeting the requirements of the City will be evaluated first on technical information (i.e. operational plan, company background, staffing & personnel biographies, relevant experience, references) and then on the cost proposal.

13. AWARD OF CONTRACT: REJECTION OF BIDS

If the Contract is awarded, it will be awarded to the responsive and responsible bidder submitting the best value bid complying with the conditions and qualifications of the Notice to Bidders and Instructions to Bidders. The bidder to whom the award is made will receive by mail a "Notice of Award" at the earliest possible date.

The City, however, reserves the right to reject any and all bids and to waive any informality in bids received whenever bid packages are submitted incomplete without the required attachments and/or such rejections or waivers are in its best interest.

All changes in the award contract effecting price and time must be brought to City Council for approval.

14. EQUAL EMPLOYMENT OPPORTUNITY

Attention of bidders is particularly called to the requirements for ensuring that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin.

15. COMPLIANCE

Failure to comply with any of the above terms or any evidence of poor quality or service will be considered cause of discontinuing business with the successful bidder.

Bidders Submittal Instructions

BIDDERS PLEASE NOTE YOUR BID MUST BE RETURNED AS FOLLOWS:

Step One: You MUST execute and include the following documents with your response:

Your response to the RFP in question (12 copies) Waiver of Immunity and Non-Collusive Bidding Certification Vendor Code of Conduct Risk & Safety Agreement Certificate of Insurance (as outlined in Risk & Safety Agreement) Including Workers Compensation Certificate

FAILURE TO SUBMIT RFP DOCUMENTS AS OUTLINED ABOVE WILL LEAD TO IMMEDIATE RFP DISQUALIFICATION.

Step Two: Enclose your bid in a sealed envelope marked:

RFP #: 2015-26 High Rock Parking Lot Redevelopment

Name of Bidder: ____________________________________

Bid Opening: Tuesday, Sept. 29, 2015 at 2:00 p.m.

Step Three: Please return your response to this RFP to the following address:

City of Saratoga SpringsDepartment of Accounts474 BroadwaySaratoga Springs, NY 12866

REQUEST FOR PROPOSAL (RFP)FOR THE RE-DEVELOPMENT OFTHE CITY PROPERTY CURRENTLY KNOWN ASTHE HIGH ROCK AVENUE PARKING LOT

FOR RELEASE ON JULY 21, 2015

RESPONSES DUE: 2:00 P.M, TUESDAY, SEPTEMBER 29, 2015

Statement of Intent:The City of Saratoga Springs City Council is seeking proposals from experienced and qualified individuals or entities interested in purchasing or leasing a 2.62 acre City-owned parcel located one block east of Broadway, behind historic City Hall, to redevelop as a mixed-use activity center with an associated multi-level parking structure. It is the Citys intent to create a project that is compatible and complementary to the commercial Broadway urban core. The economic and social interaction of this project with Broadway is essential.

Project Objective:The objective of this RFP is to offer a prime City-owned property in return for a successful, creative and sustainable, multi-use, in-fill redevelopment of this downtown site to achieve the following: Maximization of parking opportunities on, and around, this project site to accommodate the Saratoga Springs City Center, existing and proposed/future downtown activities. Introduction of diverse and complementary uses to strengthen the revitalization of this reemerging area one block east of Broadway Application of sound, long-lasting architecture and forward-looking urban design that is context-sensitive and complementary to adjacent properties and historic districts Enhanced pedestrian connections to Broadway and other adjacent uses including the City Center Realization of City Comprehensive Plan and Zoning Ordinance objectives and standards for the Transect-6 Urban Core District

Any proposed use or development plan for this property must provide substantial public benefit. All proposals shall detail the proposed purchase price or annual rent for the building site and all financial mechanisms required to complete the project.

Site Characteristics:This parcel is identified as tax parcel #165.52-4-45, and is bound by the following four City-owned Streets: Lake Avenue to the south; Maple Avenue to the west; High Rock Avenue to the east, and the extension of York Street on the north.

The approximate dimensions of this site are: 103' along Lake Avenue, 673' along Maple Avenue, 621' along High Rock Avenue and 209' along the extension of York Street.

At one time, the site contained a number of structures that have since been removed through a former Urban Renewal effort. Owing to its current parking use, the majority of the site is covered with impermeable asphalt and currently serves as two surface-level municipal parking lots.

For the purposes of description, "Lot No. 1" is the smaller lot directly to the east of City Hall. It is accessed from High Rock Ave and has frontage along Lake Ave, a City gateway. It is currently utilized for 43 parking spaces and primarily serves as limited two-hour parking for visitors of City Hall and nearby activities. Portions of the Citys fleet vehicles are accommodated here.

"Lot No. 2" is the larger lot to the north of Lot No. 1. It is accessed from a separate curb cut on High Rock Ave and includes the driveway ramp and parking area extending up to second access point from Maple Avenue. Lot No. 2 currently has space for 236 cars and primarily serves as all-day parking for downtown employees, City Center Convention and Conference participants, and employees and visitors of City Hall and nearby activities. Portions of the Citys fleet vehicles are also accommodated here.

The site involves grade changes with the elevation rising upwards of 25 feet from the east to the west with a somewhat more subtle change in grade from south to north. Various geotechnical subsurface investigations and reports have been prepared for portions of the property described by this RFP. The most recent, the 2013 Geotechnical Evaluation [], prepared by C.T. Male Associates for the Public Authority Saratoga Springs City Center, focuses on the northern portion of the High Rock Avenue Parking Lot and can serve as an important resource. Additional subsurface test boring information was conducted by Dente Engineering as a result of the Citys 2005 RFP for the High Rock Avenue Lot.

The site is located within the Citys Architectural Review District and directly adjacent to the Broadway Historic District. Adjacent uses and structures reflect a mix of the Citys strong historic tradition (west and south of site) with recent mixed-use redevelopment efforts (east of site). Property to the north includes the Mouzon House Restaurant and High Rock Park, a NYS and National Register and City Landmark property. All proposals shall demonstrate a respectful context-sensitive approach to the site and surrounding properties.

Desired Elements:The City seeks proposals from experienced and qualified developers that would offer a combination of sustainable development opportunities for the City that exemplify the goals for downtown development as set forth in the City's Comprehensive Plan and Zoning Ordinance. It is expected that any proposal presented by qualified applicants would offer maximum opportunities for downtown mixed-use development and an associated multi-level parking structure. The following desired design components are essential in a successful redevelopment proposal:

ParkingAll proposals shall contain a multi-level parking component to serve the City's need for public parking. Fundamental to this proposal is the requirement to address the current and envisioned parking demand for the Saratoga Springs City Center, City Hall, existing and proposed nearby activities, in addition to being available to the general public and downtown businesses. It is expected that proposals would offer public parking to serve a minimum of 600 vehicles.

Proposals shall specify to the number of spaces offered; whether spaces are for free or require a fee; and identify any proposed direct allocation of spaces (ex: City Center, municipal fleet vehicles, City Officials, etc.).

The first-level of parking structures are to be visually screened from the street right-of-way and/or contained behind liner buildings along primary street frontages. Specific design requirements may be found in the Citys Zoning Ordinance, Article 3.1 (www.saratoga-springs.org). Respondents are encouraged to incorporate forward-looking wayfinding and traffic/parking management systems in their proposal.

Respondents should identify the number and manner in which parking spaces will be retained and made available to the public during the construction process. Respondents are encouraged to investigate creative access and parking solutions, in combination with this project, using this and other public or private sites.

Mixture of UsesAll proposals shall contain a mixed-use commercial component comprised of a sustainable combination of retail, office, residential or other uses to reinforce the efficient and 24-hour utilization of this downtown space. First-floor uses are to reflect the Citys desire for a dynamic streetscape such as eating and drinking establishments, retail, service and civic uses. Proposed residential uses shall include a diversity of unit types and pricing to introduce housing opportunities for individuals and families generally not served to date by new construction.

Mobility ConnectionsAll proposals shall provide for enhanced accessibility and mobility connection to existing streets and adjacent activities and venues. A direct, covered pedestrian connection to the City Center is desired. Respondents are expected to work in concert with the City Center Authority and its Directors to satisfy their program requirements.

Public/Civic Space / Urban StreetscapeAll proposals shall include elements to accommodate freely-accessible public use of this space. It is the Citys desire to reestablish an inviting urban streetscape along the primary frontages of this site including the placement of street trees, decorative lighting, curbs, sidewalks and other amenities to create an engaging civic environment. Proposals shall include the incorporation of the Citys Greenbelt multi-use path from Lake Ave to York Street/High Rock Park.

Energy EfficiencyRespondents are encouraged to incorporate sustainable energy design elements in their proposal such as electricity-generating solar panel sunshades, energy efficient light sources (e.g. LED), interior lighting and ventilation solutions to reduce energy consumption, charging stations, compact car/motorcycle parking, and the like.

Minimum Submittal Requirements:All proposals shall contain the following minimum submittal requirements:1. Name, address and phone number of proposed purchaser or lessee.2. Identification of specific boundaries of the area proposed for lease or purchase, if not the entire parcel.3. Description of proposed uses and the public benefit of such uses.4. Identification of the approximate amount of square footage of the various uses proposed for the site.5. Description of how the proposed uses of the site complement the surrounding uses and, in general, the downtown area.6. Identification of the approximate number of parking spaces proposed, including free public spaces, possible paid parking spaces and other spaces proposed.7. Description of proposed streetscape and civic amenities.8. Renderings and streetscape drawings.9. Projection of the number of full and part-time employees (non-construction) created by the project.10. Projection of the total market value and total assessed valuation of the project at full build-out. An estimate of the annual projected City, School District, and County tax based upon current tax rates shall be provided.11. Identification of any expected public subsidies (IDA financing, property tax deferments, public capital investments or grants, etc.)12. Proposed purchase price or proposed annual rent to be paid to the City for use of the site.13. Proposed date of purchase or lease.14. Number of years of proposed lease and any option for renewal (if applicable).15. Proposed schedule for overall construction, and by phase if applicable.16. Description of the experience with similar projects and the financial credentials of the proposed developer including the scope, cost and size of prior development projects.Review Process:All proposals received by the City Council and meeting the minimum submittal requirements will be reviewed. The City Council reserves the right to appoint a Review Committee to undertake an initial review and evaluation of the responses to this RFP. The criteria for review will include such items as how well the developer's plan matches the City's objectives and guidelines, how thoroughly the developer responded to this request for proposal, the degree of development experience, the feasibility/marketability of the proposal, and the amount of potential revenues generated for the City. During the review, it is likely that the developer will be asked to make a public presentation before the Review Committee and/or City Council.

The Review Committee, if appointed, will evaluate the proposals, identify and recommend to the City Council a "preferred developer" for the site. The Review Committee may also include any recommendation for project modification to the City Council.

During the review process, the City Council reserves the right to forward any or all applications to the City Planning Board and/or Design Review Commission for their review and recommendations. Based on its evaluation, and the recommendations of the Review Committee, the City Council will designate the "preferred developer." The City Council will have ultimate authority to designate a preferred developer and to approve the contract associated with this designation.

The City Council reserves the right to reject any and all proposals submitted in response to this RFP. Nothing in this RFP shall be construed as obligating or requiring the City of Saratoga Springs to accept or implement all or any part of any proposal submitted.

Following the submission of a detailed development and financial plan by the developer that meets the City's approval, the City Council will enter into contract with the developer for the purchase or lease of the property in accordance with the agreed upon proposal. The final contract will include the sale price/lease arrangements and any conditions of the transfer. Any disposition of property shall be in accordance with G.M.L. 72-j or other required state legislated approval. The final agreement between the City and the preferred developer shall be contingent on the successful review and approval of the project proposal by the City Planning Board and the Design Review Commission.

For Further Information:For further information or questions, contact Bradley Birge, Administrator of Planning and Economic Development (518) 587-3550 ext. 2515.

Statement of Specifications

High Rock Parking Lot Redevelopment

The specification herein states the minimum requirements of the City. All bids must be regular in every respect. Unauthorized conditions, limitations, or provisions shall be cause for rejection. The City will consider as irregular or non-responsive any bid not prepared and submitted in accordance with the bid document and specification, or any bid lacking sufficient technical literature to enable the City to make a reasonable determination of compliance to the specification.

It shall be the bidders responsibility to carefully examine each item of the specification. Failure to offer a completed bid or failure to respond to each section of the technical specification will cause the proposal to be rejected without review as non-responsive. All variances, exceptions and/or deviations shall be fully described in the appropriate section.

TOTAL BID IN FIGURES: $

TOTAL BID WRITTEN:

COMPANY NAME:

ADDRESS:

Phone No. ( ) - (City) (State) (Zip)

E-MAIL ADDRESS:

AUTHORIZED SIGNATURE:

PRINTED NAME:

TITLE: DATE:

Waiver of Immunity ClauseSection 139(a) State Finance Law

Upon the refusal by a representative of your firm, when called before a grand jury to testify concerning any transaction or contract with the City of Saratoga Springs, New York, or to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant question concerning such transactions or contracts,

(a) such person, and any firm, partnership or corporation of which he is a member, partner, director or officer shall be disqualified from thereafter selling to or submitting bids to or receiving awards from or entering into any contracts with any municipal corporation or fire district, or any public department, agency or official thereof, for goods, work or services, for a period of five years after such refusal, and to provide also that

(b) any and all contracts made with any municipal corporation or fire district, or any public department, agency or official thereof, since the effective date of this law, by such person, and by any firm, partnership or corporation of which he is a member, partner, director or officer may be cancelled or terminated by the City without incurring any penalty or damages on account of such cancellation or termination, but any monies owing by the City for goods delivered or work done prior to the cancellation or termination shall be paid.

Non-Collusive Bidding CertificationSection 139(d) State Finance Law

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 his 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 the purpose of restricting competition.A bid shall not be considered for award nor shall any award be made where (1), (2), (3) above have not been complied with; provided however, that if in any case the bidder cannot make the foregoing certification, the bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons therefore.

Signature: ______________________________Print Name: ___________________________________

Title: ___________________________________ Date: _______________________________________

Company: _______________________________Address:_____________________________________

Subscribed to under penalty of perjury under the laws of the State of New York, this __________ day of __________, 2015 as the act and deed of said corporation of partnership.

Vendor/Supplier Code of Conduct

The City of Saratoga Springs is committed to conduct business in a lawful, ethical and moral manner and expects the same standards from vendors/suppliers that the City conducts business with. The City requires that all vendors/suppliers abide by this Code of Conduct. Failure to comply with this Code may be sufficient cause for the City to exercise its rights to terminate its business relationship with vendors/suppliers. Vendors/suppliers agree to provide all information requested which is necessary to demonstrate compliance with this Code.

At a minimum, the City requires that all vendors/suppliers meet the following standards:

Legal: Vendors/suppliers and their subcontractors agree to comply with all applicable local, state and federal laws, regulations and statutes. The City expects vendors/suppliers to respect the Citys rules and procedures. Conflict of Interest: The vendor/supplier represents and warrants that it has no conflict, actual or perceived, that would prevent it from doing business with the City of Saratoga Springs. Wages & Benefits: Vendors/suppliers will set working hours, wages, and NYS statutory benefits and overtime pay in compliance with all applicable laws and regulations. Where applicable, as defined by NYS Labor Law, the vendor/supplier must comply with prevailing wage rates. Health & Safety: Vendors/suppliers and their subcontractors shall provide workers with a safe and healthy work environment that complies with local, state and federal health and safety laws. Discrimination: No person shall be subject to any discrimination in employment, including hiring, salary, benefits, advancement, discipline, termination or retirement on the basis of gender, race, religion, age, disability, sexual orientation, nationality, political opinion, party affiliation or social ethnic origin. Working conditions: Vendors/suppliers must treat all workers with respect and dignity and provide them with a safe and healthy environment. Right to organize: Employees of the vendor/supplier should have the right to decide whether they want collective bargaining. Subcontractors: Vendors/suppliers shall ensure that subcontractors shall operate in a manner consistent with this Code. Protection of the Environment: Vendors/suppliers shall comply with all applicable environmental laws and regulations. Vendors/suppliers shall ensure that the resources and material they use are sustainable, are capable of being recycled and are used effectively and a minimum of waste. Where practicable, vendors/suppliers are to utilize technologies that do not adversely affect the environment and when such impact is unavoidable, to ensure that it is minimized.

Vendor Acknowledgement

The undersigned vendor/supplier hereby acknowledges that it has received the City of Saratoga Springs Vendor/Supplier Code of Conduct and agrees that any and all of its facilities and subcontractors doing business with the City will receive the Code and will abide by each and every term therein.

Vendor/supplier acknowledges that its failure to comply with any condition, requirement, policy or procedure may result in the termination of the business relationship. Vendor/supplier reserves the right to terminate its agreement to abide by the Code of Conduct at any time for any reason upon ninety (90) days prior written notice to the City.

Signature: _______________________________Printed name: ___________________________

Title: ___________________________________Date: __________________________________

Company Name: ______________________________________________________________________Page 3 of 3