Orchard-Whitney Redevelopment Study

Request for Proposal

City of Rochester Division of Environmental Quality 30 Church Street Room 300B Rochester, New York, 14614

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Orchard Whitney Redevelopment Study

Orchard Whitney Redevelopment Study September 22, 2015

1. Project Overview

The City of Rochester (City) has been awarded brownfield area-wide planning grant funding from the US Environmental Protection Agency (EPA) to develop an area-wide revitalization plan

and implementation program focused on brownfield sites in the Jay Orchard Street Area Neighborhood (JOSANA) neighborhood. The plan will focus on the city-owned Orchard-Whitney site (415 Orchard Street and 354 Whitney Street), while evaluating the utilization of surrounding private and city-owned parcels in the redevelopment of that site. Community involvement will be emphasized from the inception of the project and will inform re-use planning.

The City and the JOSANA neighborhood stakeholders prepared the JOSANA Neighborhood Master Plan in 2010 in which the Orchard-Whitney site was recognized as a focus for revitalizing the neighborhood. In addition, the site is located within a NYS designated Brownfield Opportunity Area, known as the LYLAKS BOA. The JOSANA Master Plan and the LYLAKS BOA Revitalization Strategy both emphasize the importance of redevelopment of the Orchard-Whitney site to the revitalization and sustainability of this challenged area of the City. The subject four-acre vacant brownfield site will be substantially remediated to commercial standards under the NYS Environmental Restoration Program with a Record of Decision anticipated by March 2016. It is anticipated that residual contamination will be addressed through engineering and institutional controls.

See attachment for more information about the site and the surrounding area.

The objective of the proposed study is to evaluate factors that influence site redevelopment, assess potential redevelopment alternatives, analyze the economic impact of those alternatives, and develop a financing and marketing strategy. More than $4 million of public funds have already been spent on the Orchard-Whitney Site, improving public health and safety and readying the site for reuse. This study will be instrumental in helping to inform future City decision making, formulate possible marketing efforts, assess site-specific funding alternatives, and encourage interest for site redevelopment. This critical next step will identify viable redevelopment options, socioeconomic benefits, and financing alternatives based on several factors including the environmental status of the site, neighborhood conditions, geotechnical conditions, infrastructure needs, development costs, access, and market conditions.

The City is the awarding and contracting authority for this procurement, subject to the review and approval of the USEPA.

2. Proposed Scope of Services:

Task 1: Existing Site Document Review and Site Summary Consultant shall become familiar with the LYLAKS Revitalization Strategy, JOSANA Master Plan, the Orchard-Whitney Predevelopment Subsurface Conditions Analysis Investigation Report, and the comprehensive environmental investigation and remediation reports for all parcels within and around the Orchard-Whitney Site. Based on the current information regarding demolition, site cleanup, and engineering/institutional controls in place or anticipated,

the consultant will prepare a summary of site reuse constraints, opportunities, and continuing obligations. Task 2: Community Input Embedded in all of the tasks listed below, the Consultant shall seek input from the community throughout the planning process. A project advisory committee (PAC) will be created and relied upon for receiving input and disseminating information. In addition to the PAC, smaller meetings will be arranged with stakeholders, local experts, local institutions, and community leaders to not only seek information, but to also generate interest in the site. Task 3: Infrastructure Study The next step in this task will be for the consultant team to understand the physical capacity of the site, including the capacity and condition of the public infrastructure (e.g., streets and utilities). The consultant will inventory and analyze existing infrastructure serving the site and area, including potable water, waste water, storm drainage, electricity, natural gas, telecommunications, roadways, sidewalks, bikeways, and transit systems. Consultant will conduct feasibility analysis for infrastructure improvements for potential reuse options suggested by the market study. The infrastructure analysis shall be conducted and the findings provided within the context of climate change projections for the northeast region of the United States. Task 4: Geotechnical Assessment Consultant will review existing information on subsurface conditions and perform a gap analysis to determine what additional testing may be required to determine development costs and conditions based on the subsurface geotechnical conditions. Based on known geotechnical conditions, the consultant will determine, generally, the subsurface capacity for structural support of development. Task 5: Marketing, Development, Reuse Study Consultant will determine current and future demand for institutional, commercial and industrial uses at the Orchard-Whitney site. One potential option, a labor training facility, should be included in the reuse options to be analyzed. Meetings with local labor unions and local community colleges should be conducted to determine feasibility of a workforce training/educational use at this site. Meetings with industrial and institutional stakeholders in the vicinity shall be conducted to determine advantages and disadvantages of the neighborhood and how these can be advanced or overcome at the Orchard-Whitney site. Is there interest in the site for expansion by existing industry or institutions in Rochester? Are there byproducts or common disposal needs among the existing neighborhood industries and stadiums that could support a recycling/reuse operation at the Orchard-Whitney site while providing an amenity to the local industry? Is the inclusion of adjoining properties necessary for marketability and sustainability at Orchard-Whitney? Are there missing neighborhood or community assets that are needed in order for potential reuses to become realistic possibilities? The consultant should identify needed assets, explain how they would support potential reuses of the Orchard Whitney site, and discuss any opportunities to encourage the creation of such assets. In addition, the consultant will provide recommendations on what the City can do to improve the marketability of the site and will prepare a plan to be used to attract developers to the site. Task 6: Reuse Options, Concept Layouts, and Fiscal Impact Analysis Relying on the above studies, the consultant shall provide, for identified reuse options offering the most potential, conceptual site layout options for cost estimating, marketing, and assessing environmental impacts. The consultant will prepare a fiscal impact projection for municipal costs

and benefits associated with redevelopment options. Financial and social benefits to the community, the developer, and the city tax base shall be quantified for each redevelopment scenario, and then compared against private and public costs. In determining redevelopment options, guidance shall be provided by the consultant team on whether it is necessary to include parcel(s) on Lyell Avenue or other adjacent parcels to maximize redevelopment potential. Redevelopment designs shall integrate healthy design and green infrastructure, including energy efficiency and on-site storm water management facilities. Additionally, site reuse options shall include environmental justice considerations, including a discussion of any potential residential or commercial displacement impacts and mitigation. Task 7: Financing Plan Consultant will prepare financing alternatives, including tax-increment financing options, gap-analyses, and resource leveraging opportunities. Financing strategies will include recommendations for City and County capital improvement planning for infrastructure improvements. Task 8: Preparation of Area-wide Plan Summarizing all of the above-described research and findings; and, taking into consideration public comments and guidance, the consultant team will complete a Draft Area-wide Redevelopment Study for the City and USEPA review. Conclusions will be drawn in the plan regarding recommended redevelopment options, based largely on the cost-benefit analyses and the market assessment. Financing and marketing strategies for each option will be described as well as any recommendations for City policy, budget, or zoning changes. 3. Instructions to Proposers Proposals shall be based on the scope presented above, and those that offer innovative approaches to redevelopment that are supported by a reasonable marketing strategy and financing plan will be welcomed. 3.1 Pre-proposal Conference A pre-proposal conference will be held October 5, 2015 at 2:00 p.m. in the conference room at the Charles Settlement House at 445 Jay Street, Rochester, NY, 14608. All prospective proposers are strongly encouraged to attend.

3.2 Examination of Proposal Documents The submission of a proposal shall be deemed a representation and certification by the Proposer that they:

Have carefully read and fully understand the information that was provided by the City to serve as the basis for submission of this proposal.

Have the capability to successfully undertake and complete the responsibilities and obligations of the proposal being submitted.

Represent that all information contained in the proposal is true and correct.

Did not, in any way, collude, conspire to agree, directly or indirectly, with any person, firm, corporation or other Proposer in regard to the amount, terms or conditions of this

proposal.

Acknowledge that the City has the right to make any inquiry it deems appropriate to substantiate or supplement information supplied by Proposer, and Proposer hereby grants the City permission to make these inquiries, and to provide any and all related documentation in a timely manner.

3.3 Addenda/Clarifications Should discrepancies or omissions be found in this RFP or should there be a need to clarify this RFP, questions or comments regarding this RFP must be put in writing and received by the City no later than October 12, 2015. Mailed correspondence shall be addressed to:

Dorraine C. Kirkmire, Sr. Environmental Specialist City of Rochester Division of Environmental Quality 30 Church Street, Room 300B Rochester, New York 14614

Or, e-mail correspondence shall be addressed to kirkmired@cityofrochester.gov. Responses from the City, for issues determined by the City to require a correction or clarification, will be posted to the City website (www.cityofrochester.gov/orchardwhitneyrfp/). Inquiries received after the date and time stated will not be accepted and will be returned to senders without response. The City shall not be responsible for nor be bound by any oral instructions, interpretations or explanations issued by the City or its representatives. 3.4 Submission of Proposals Five (5) copies of the proposal are to be submitted no later than 4:00pm October 22, 2015 to:

Dorraine C. Kirkmire, Sr. Environmental Specialist City of Rochester Division of Environmental Quality 30 Church Street, Room 300B Rochester, New York 14614

At least one (1) copy of the proposal must be signed by an officer of the corporation empowered to contractually obligate the firm or consortium. 3.5 Withdrawal of Proposals A Proposer may withdraw its proposal at any time before the expiration of the time for submission of proposals as provided in the RFP by delivering a written request for withdrawal signed by, or on behalf of, the Proposer. 3.6 Rights of the City of Rochester This RFP does not commit the City to enter into a contract, nor does it obligate the City to pay

for any costs incurred in preparation and submission of proposals or in anticipation of a contract. The City reserves the right to:

Make the selection based on its sole discretion;

Reject any and all proposals;

Issue subsequent Requests for Proposals;

Postpone opening for its own convenience;

Remedy technical errors in the Request for Proposals process;

Approve or disapprove the use of particular subconsultants;

Negotiate with any, all or none of the Proposers;

Accept other than the lowest offer;

Waive informalities and irregularities in the Proposals and/or

Enter into an agreement with another Proposer in the event the originally selected Proposer defaults or fails to execute an agreement with the City.

An agreement shall not be binding or valid with the City unless and until it is executed by authorized representatives of the City and of the Proposer. 4. Proposal Requirements 4.1 Project Approach Provide a detailed approach to completing the tasks outlined in this RFP. Include proposed number of meetings with City staff, outside stakeholders, and other entities to complete the required tasks. In addition to the proposed scope, the consultant may propose any other scope elements, approaches and initiatives deemed relevant to effectively address the Citys goals. The Consultant may suggest modifications to the proposed scope of services for consideration by the City if the firm believes there are opportunities for improving the project overall. The approach shall include a proposed project schedule. 4.2 Teaming While the City seeks a single consultant to manage this project, it is recognized that a broad range of skills are being requested that may be best provided by a group of consultants working together. As such, consultants with different expertise are encouraged to team to provide one proposal. 4.3 Costs Include a not-to-exceed time and materials fee for the basic services itemized by each task of services broken down by project task. Include billing rates for the various personnel who will be involved in the project. Include the costs of all review meetings with the City outlined in your approach. If modifications or additions to the scope of services are proposed, indicate those costs. Provide an estimate for the cost of reimbursables to be included in the agreement. 4.4 Qualifications Include the following:

Name, address, telephone number of each participating firm.

Names and addresses of each firms principal officers. A description of each firms technical capabilities and areas of expertise. A description of similar projects completed by each member firm of the team, and the

name, address and telephone number of a reference person from the contracting organization who can be contacted for reference.

A description of how the project will be organized and managed; who will do the work and the role various members of a multi-disciplinary consortium will play in the design process, including any sub-consultant work by a City recognized M/WBE firm.

A list of key personnel to be assigned to the project by task and identify the project manager.

4.5 Proposal Evaluation The proposals will be evaluated by a committee using the criteria listed below:

Completeness of proposal

Experience and strength of the consultant and its demonstrated ability to perform the tasks required for this project

Consultants understanding of the project requirements. Innovation/additional project elements proposed

Proven ability to administer projects within budget and program requirements.

Consultants ability for phasing and scheduling Experience on projects of similar scope

M/WBE participation within the consultant team

Proposed fee

The selection committee will review all proposals and select the firm whose proposal, in their judgment, indicates the best opportunity for a completely successful project. The City also reserves the right to postpone or cancel the project. The City may request to meet with consultants at any time for further clarification of the Proposal.

ATTACHMENT: BACKGROUND INFORMATION

The City of Rochester is a mid-sized city of approximately 210,500 people, located in west-central New York, on Lake Ontario, about 60 miles from Buffalo, and 340 miles from New York City. The Orchard-Whitney site (415 Orchard Street and 354 Whitney Street), located less than 2 miles from the City's downtown, is a 3.9-acre vacant brownfield well-known in the Jay Orchard Street Area Neighborhood (JOSANA) as a targeted redevelopment site. The site is located a block away from Sahlen's Stadium, a soccer stadium for the Rochester Rhinos of the USL Pro League, the Western NY Flash of the National Women's Soccer League, and the Rochester Rattlers of Major League Lacrosse. The site is within two miles of Frontier Field, home of the Rochester Red Wings, a AAA baseball team and farm team for the Minnesota Twins. Its central location and proximity to Interstate 490, Lyell Avenue, State Street, and W. Broad Street make this site easily accessible from all directions by cars and trucks. In spite of its accessibility and nearby amenities and attractions, the JOSANA neighborhood, within which the site is located, is one of the most challenged areas in the City. Socioeconomic characteristics are summarized in the table below:

JOSANA Neighborhood

Population 2,930

Unemployment 16%

Poverty Rate 51%

Percent Minority 71%

Owner Occupied Housing 29%

Median Household Income $20,800

Median Housing Value $30,000 Source: JOSANA Neighborhood Master Plan, 2010;

The Orchard-Whitney site was home to numerous industrial entities since 1900, including Northeast Electric, Delco-General Motors and Sykes Datatronics. The operations of these entities, including the presence of bulk storage tanks, electrical transformers, power production, coal storage and dry cleaning, resulted in areas of contamination across the property. Since the mid 1990's, the site has been vacant and fenced off. The City foreclosed on 354 Whitney St. in 2006 and 415 Orchard St. in 2008. The final building demolition took place in spring 2015 so the site is now entirely vacant.

In 1999, the USEPA completed the emergency removal of more than 700 drums of hazardous materials from the Site. A Phase I Environmental Site Assessment (ESA) of the site was performed by the City of Rochester in 2000 followed by a targeted Phase II ESA completed by the NYSDEC in 2006. The results of the investigations indicated that the soil and groundwater of the site were contaminated by volatile and semi-volatile organic compounds, and heavy metals. From 2006 to 2013, the City of Rochester demolished several structures and completed a comprehensive remedial investigation, implemented interim remedial measures, and completed a Remedial Alternatives Analysis for the Site. The City was awarded funding from the NYSDEC Environmental Restoration Program to complete a site-wide hazardous materials inventory, lead and asbestos surveys, and to fully delineate the nature and extent of soil and groundwater contamination at the site. In addition, in 2009, USEPA funding was used to remove nine (9) petroleum underground storage tanks from the site and facilitate the characterization and disposal of approximately 265 tons of soil contaminated with petroleum and heavy metals. Lastly, following the recent removal of the last building, the City is using NYSDEC Environmental Restoration Program for site investigation, interim remedial measures and related efforts for the remediation of the last part of the site. Soon, the site will be remediated to standards for commercial redevelopment.

A Predevelopment Subsurface Conditions Analysis Investigation Report is underway. A draft of this report is available for review on the following website: www.cityofrochester.gov/OrchardWhitney

The Orchard-Whitney site is particularly strategic for the revitalization of the neighborhood not only because of its central location, but also because of the considerable amount of vacant or underutilized parcels that surround the site. By extending a short distance north to Lyell Avenue, south to Riley Park and east to Broad Street there are an additional 7 acres of vacant or underutilized brownfield properties, some of which are City owned. Adjacent to the Orchard-Whitney site, these brownfield parcels add acreage and street frontage that may increase the redevelopment potential and marketability. Some of these adjacent City-owned sites have been studied and/or remediated:

399 Saxton Street and 935 West Broad Street: The operation of a portion of this site as a gas station and auto repair facility resulted in petroleum product contamination in soils and groundwater. It was in the EPA Brownfield Cleanup Program and a Certificate of Completion was issued in 2013. Extensive contaminated soil removal, and groundwater treatment remedial actions completed in 2012 have successfully addressed most of the petroleum related volatile organic compounds (VOCs) at the site, however some residual contamination still exists. An Environmental Management Plan is in place which will be implemented when work performed at the site has the potential to disturb soil/fill and/or groundwater impacted with residual petroleum VOCs.

350 & 370 Orchard Street: Phase I and II studies indicated that on-site sources of contamination were not identified for 350 & 370 Orchard Street. Some petroleum contamination was encountered which was limited in extent and possibly attributable to off-site sources. An environmental management plan would need to be prepared and implemented if this site is redeveloped.

406 Orchard: This vacant site is located east of the Orchard-Whitney site. A Phase I ESA was completed in 2000. A phase II study was completed in 2001 and indicated that on-site sources of contamination were not identified. Some petroleum contamination was encountered which was limited in extent and possibly attributable to off-site sources. An environmental management plan should be implemented if the site is redeveloped.

CSX-owned ROW: RR land runs along the south end of the site; the City is currently negotiating with CSX to obtain the RR land for trail purposes. A trail feasibility study was completed in April 2015.

North of the site, private properties that front on Lyell Avenue, a major gateway into Rochester, lend themselves to inclusion in a redevelopment project. It is unknown to what extent peripheral parcels, such as the city-owned parcels listed above or the Lyell Ave parcels could add value to the redevelopment potential, design options, and infrastructure requirements of the Orchard-Whitney site. The City and the JOSANA neighborhood stakeholders prepared the JOSANA Neighborhood Master Plan in 2010 in which the Orchard-Whitney site was recognized as a focus for revitalizing the neighborhood. In addition, the site is located within a NYS designated Brownfield Opportunity Area, known as the LYLAKS BOA. The JOSANA Master Plan and the LYLAKS BOA Revitalization Strategy both emphasize the importance of redevelopment of the Orchard-Whitney site to the revitalization and sustainability of this challenged area of the City. These plans can be found on line at:

http://www.cityofrochester.gov/josanaplan/

www.cityofrochester.gov/LYLAKS