BURA No. 2023 - 1H HOME ARP

Agency:	City of Buffalo
State:	New York
Type of Government:	State & Local
Category:	Q - Medical Services
Posted:	Dec 12, 2023
Due:	Jan 5, 2024
Publication URL:	To access bid details, please log in.

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BUFFALO URBAN RENEWAL AGENCY

The Honorable Byron W. Brown, Chairman

REQUEST FOR PROPOSAL

HOME INVESTMENT PARTNERSHIPS PROGRAM

(HOME - ARP)

No. 2023 - 1H – HOME ARP

ISSUE DATE: December 7, 2023

PROPOSAL SUBMISSION DEADLINE:

4:00pm, January 5, 2024

*Next HOME ARP RFP release anticipated:

- Winter/Spring 2024

BURA HOME ARP RFP 2024 – 1H ARP Issue date: December 7, 2023

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Table of Contents

Introduction and Submission Requirements

Proposal Rules

Evaluation Criteria

Application Award Process

Proposal Cover Sheet

Narrative Components of the Full Initial Proposal*

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*IMPORTANT NOTE TO ALL APPLICANTS:

Funds provided through the City/BURA HOME ARP Program are provided in the form of a LOAN.

ALL City/BURA HOME Funds are to be designated for CONSTRUCTION ONLY unless

otherwise noted and in line with the HOME ARP Allocation Plan and eligible activities list.

• Do NOT submit a Full HOME ARP Application for this RFP

deadline Utilize this document.

• The submission of a full HOME ARP Application does not provide an

advantage in the evaluation of proposals for this RFP.

• Invitations to complete a Full HOME ARP Application resulting from this RFP will expire

automatically upon the announcement/release of funding awards from any listed sources,

including but not limited to the State of New York Office of Homes and Community

Renewal, New York State Office of Mental Health, Empire State Development, Dormitory

Authority of the State of New York, Office of the Attorney General of the State of New

York or upon written notice of BURA to the applicant.

BURA HOME ARP RFP 2024 – 1H ARP Issue date: December 7, 2023

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HOME Investment Partnership Program Introduction

and Proposal Submission Requirements

The City of Buffalo (“City”), through the Buffalo Urban Renewal Agency (“BURA”), is seeking proposals through the

federal HOME Investment Partnership Program, American Rescue Plan (ARP) funding to assist individuals or

households who are homeless, at risk of homelessness, or in other vulnerable populations, through the provision of

affordable housing, creation of non-congregate shelter and supportive services to reduce homelessness and increase

housing stability. Grant funds are administered through the U.S. Department of Housing and Urban Development

(HUD) HOME Investment Partnerships Program (HOME). The HOME Investment Partnerships Program American

Rescue Plan Program (HOME-ARP) funds were allocated using the HOME Program Formula. The City of Buffalo

received $12,280,862 in HOME ARP funding. Funds will benefit vulnerable populations within and throughout the City

of Buffalo.

The City of Buffalo HUD approved HOME ARP allocation plan can be found here

https://www.buffalony.gov/DocumentCenter/View/11442/DRAFT-City-of-Buffalo-HOME-ARP-Allocation-Plan

Eligible Populations/Qualifying Populations:

HOME-ARP funds must be used to primarily benefit individuals or families from the following qualifying populations:

• Homeless, as defined in section 103(a) of the McKinney-Vento Homeless Assistance Act (42 U.S.C.

11302(a));

• At-risk of homelessness, as defined in section 401(1) of the McKinney-Vento Homeless Assistance Act (42

U.S.C. 11360(1));

• Fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking, or human

trafficking, as defined by the Secretary;

• In other populations where providing supportive services or assistance under section 212(a) of the Act (42

U.S.C. 12742(a)) would prevent the family’s homelessness or would serve those with the greatest risk of

housing instability;

• Veterans and families that include a veteran family member that meet one of the preceding criteria.

All HOME ARP Funding is provided in the form of a loan. Terms, conditions, repayment and repayment schedule must

be addressed in any response to this request for proposals.

The City of Buffalo Consolidated Plan may be found at: https://www.buffalony.gov/324/Consolidated-Plan-Documents

Potential projects must align with the HOME ARP FINAL Rule (CPD Notice 21-10) found here:

https://www.hud.gov/sites/dfiles/OCHCO/documents/2021-10cpdn.pdf

Applicants are expected to be familiar with the guidelines/regulations that govern the HOME program which include but

are not limited to:

1. Affordability requirements

2. Relocation regulations

3. Lead Based Paint

4. Conflict of Interest

5. Procurement

6. Affirmative Marketing and Fair Housing

7. Affirmative Action and Minority and Women Business Enterprises

8. Environmental Reviews

9. Any other regulations that may apply

Applicants will be expected to provide copies of their entity’s policies with respect to enforcing these

requirements. As the Program Administrator for the City’s HOME grant funds and HOME ARP grant funds, the

regulations provide that BURA has the right to impose stronger requirements than those stated in these regulations.

Note that BURA has mandated a Procurement Policy which requires three bids for all purchases and agreements for

services (such as general contractors, managing agents, etc.) and lowers the small purchases ceiling to $10,000 per

contract in accordance with New York State Municipal Law. These standards should guide the selection of members of

your development team. See also Evaluation Criteria – Cost Reasonableness.

BURA HOME ARP RFP 2024 – 1H ARP Issue date: December 7, 2023

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HOME Program Regulations

Recipients of HOME ARP funds must comply with all applicable federal requirements set forth in HOME ARP Final

Rule CPD-21-10.

Following are some of the additional program requirements that must be met once a business/organization is selected for

funding.

1. Insurance Coverage - Worker's Compensation insurance must be purchased under the provisions of the New

York State Worker's Compensation Act. Liability insurance, in the amount of a minimum of $1 million per

occurrence, $2 million aggregate, also must be purchased and BURA and the City must be named as additional

insureds and Builders Liability Insurance when applicable.

2. Affirmative Marketing Plan - The organization renting or selling the units must follow an Affirmative Marketing Plan

to reach income eligible families as described in 24 CFR 92.351 for projects with 5 or more HOME-assisted units.

This Affirmative Marketing Plan must be approved by BURA prior to implementation.

3. For projects with 12 or more units, Davis-Bacon regulations must be followed in addition to the bidding

requirements as described in Title 42, Chapter 69, Section 5310.

The HOME ARP FINAL Rule (CPD Notice 21-10) found here:

https://www.hud.gov/sites/dfiles/OCHCO/documents/2021-10cpdn.pdf

For the full HOME Program Regulation documents at 24 CFR Part 92 please go to:

https://www.onecpd.info/home/home-final-rule/

Proposal Rules

Reservations

BURA and the City reserve the right to accept or reject any or all proposals received;

BURA and the City reserve the right to seek additional information from organizations/applicants, especially

those not previously funded by BURA and/or the City; this Question and Answer period will take place from

January 11, 2024 to January 16, 2024 – added 2023.

BURA and the City reserves the right to establish spending guidelines for all projects;

All funding decisions related to this RFP are subject to all applicable federal, state and local laws and regulations, and the

policies and procedures of the City of Buffalo and the City of Buffalo Urban Renewal Agency for the administration of federal

funds.

Applicants should be aware that this is a preliminary application/Request for Proposal and there will be a final application

requirement following completion of a review of all preliminary proposals.

Applicants should be aware that any HOME Funding provided will be made in the form of a LOAN. Terms of

repayment, interest and repayment schedule must be addressed in all proposals. ALL City/BURA HOME Funds are

to be designated for CONSTRUCTION ONLY unless otherwise noted and in line with HOME ARP Allocation plan

activities.

BURA and the City reserve the right to provide additional funding related to supportive services for the proposed projects.

Eligible Applicants

1. Applicants must be incorporated for-profit or non-profit entities to undertake affordable housing activities within the boundaries

of the City of Buffalo.

2. Applicants must demonstrate the financial management and programmatic expertise to successfully develop, design, implement

and monitor the proposed activities. This expertise is demonstrated through previous experience in successfully developing

projects similar to the one proposed, either by partners or key staff within the business or organization.

3. Applicants must be able to meet, and/or will be subject to other Federal requirements relative to the HOME ARP program,

specifically those concerning equal opportunity and fair housing, affirmative marketing, environmental review, displacement,

relocation, and acquisition, labor, lead-based paint, conflict of interest, debarment and suspension, and floor insurance. Federal

requirements include those listed in Title 42, Chapter 130 and CFR Title 24 Part 92. All applicants should be aware that additional

federal requirements apply.

BURA HOME ARP RFP 2024 – 1H ARP Issue date: December 7, 2023

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4. Applicants must demonstrate to BURA’s satisfaction that no City and/or County of Erie tax arrearages or other fees

or obligations payable to the City of Buffalo or BURA exist nor are there any pending City of Buffalo Housing Court

Cases and or open letters of violation for property owned by the applicant and principals.

5. It is the policy of BURA, that all local Minority/Women Business Enterprises (M/WBE’s) be encouraged to submit

proposals. BURA continues to ensure that all locally owned M/WBE’s are afforded the maximum opportunity to

participate as Applicants or Sub-Applicants in the provision of goods and services for BURA. BURA encourages the

award of at least thirty percent/ten percent (30%/10%) of the total dollar value of this project directly or indirectly to

M/WBE’s. The Minority Business Enterprise Utilization Plan proposed for this project should be submitted as Exhibit

H of the HOME application. See Updated Early Submission of Utilization Plan – UPDATED March 2023 under

Evaluation Criteria. The appropriate breakdown is MBE 30% and WBE 10%.

6. Any person or subcontractor undertaking a part of the work under the terms of the Contract, by virtue of any

agreement with the Applicant, must be approved by the Vice Chairman of BURA or their designee prior to any

such undertaking. In the event the Applicant desires to subcontract some part of the work specified herein, the

Applicant shall furnish with their proposal the names, qualifications, and experience of his/her proposed

subcontractors. Subcontractors shall conform, in all respects to the provisions specified for the Applicant. The

Applicant shall, however, remain fully liable and responsible for the work done by their subcontractors. BURA may

terminate the Contract if the subcontracting is done without the Vice Chairman’s prior approval.

A maximum 10% of the project budget may be designated for a developer fee. Projects proposing a

higher fee based on the regulations for other programs or contributing government lenders may be

considered upon presentation of supporting documentation. ALL City/BURA HOME Funds are to be

designated for CONSTRUCTION ONLY unless otherwise noted and in line with approved HOME APR

Allocation Plan activities.

Eligible Categories being considered through this Request for Proposal:

1. Acquisition and Development of Non-Congregate Shelters

2. Development of Affordable Rental Housing for Qualifying Populations

Evaluation Criteria

Funds will be awarded to those applicants whose proposals best meet the following selection criteria, offer the

greatest prospects of successful completion and demonstrate the capacity to ensure continuous compliance with

funding regulations:

1. Completeness of the Application

All required documents have been submitted and the project is presented in a clear and concise

manner

2. Experience and Qualifications for the size and type of project proposed

Applicant and any affiliated partners -

Has successfully completed project(s) similar in size and scope

Completed similar project(s) but smaller in size and scope

Engaged consultant which has completed project similar in size and scope

3. Marketing Needs Analysis/Affirmative Marketing

Addresses stated needs

Addresses targeted population

Current locations target population will be drawn from

Housing is affordable to low-moderate income

families

4. Creative Adaptive Reuse

Proposal provides for the creative and architecturally appropriate adaptive reuse of a significant

structure or problem property

BURA HOME ARP RFP 2024 – 1H ARP Issue date: December 7, 2023

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Bid Title:	BURA No. 2023 - 1H HOME ARP
Category:	BURA - Buffalo Urban Renewal Agency
Status:	Open