Council of Brookyn Neighborhoods
201 Dekalb Avenue Brooklyn, NY 11205
email:
CBrooklynNeighborhoods@hotmail.com www.CBrooklynNeighborhoods.homestead.com SUBJECT: Technical Assistance for Atlantic Yards Arena and Redevelopment Project DEIS To Whom It May Concern:
To Whom It May Concern:
Enclosed please find a Request for Proposal (RFP) for technical assistance to the communities surrounding the proposed Brooklyn Atlantic Yards Arena and Redevelopment project regarding the Draft Environmental Impact Study being prepared by the Empire State Development Corporation.
We would appreciate if Professionals intending to respond to this RFP notify CBN of their intent to respond by sending an email to cbrooklynneighborhoods@hotmail.com by 5 PM, December 21, 2005.
We greatly appreciate your response and interest in collaborating on this very important EIS evaluation project.
Sincerely,
Candace Carponter, Paul Palazzo, co-chairmen
The Council of Brooklyn Neighborhoods
Request for Proposal
Brooklyn Vanderbilt/Atlantic Yards Environmental Impact Statement Analysis
1. RFP: Environmental Impact Review, Brooklyn Atlantic Yards
The Council of Brooklyn Neighborhoods (CBN) seeks proposals from qualified planning and engineering professionals (Consultant) to help fulfill its mission. The scope of the services required is described below. Proposals should describe how the Consultant will perform the services described, as well as suggest other activities the Consultant believes would support CBN’s goals as described in section 1.2.
The work activities described within this RFP are anticipated to take between 45 and 180 days depending on the response time stipulated by the ESDC in the final Scoping document.
This RFP does not constitute an offer to contract. Acceptance of a proposal neither commits CBN to award a contract to any respondent, even though all requirements stated in this RFP may be met by the respondents, nor limits CBN right to negotiate in our best interest.
1.1 Introduction: Brooklyn Atlantic Yards project
In December of 2003, Forest City Ratner Corporation (FCRC) announced plans for Brooklyn Atlantic Yards (BAY), a large-scale, mixed-use real estate development. The 22-acre parcel of land proposed for development is bordered by Atlantic Avenue to the north, Dean Street to the south, Flatbush Avenue to the west and Vanderbilt Avenue to the east. FCRC’s initial plan called for the use of space over the Metropolitan Transportation Authority’s (MTA) Vanderbilt rail yards, as well as FCRC’s acquisition of adjacent commercial and residential properties to the south of Atlantic Avenue, potentially through the use of eminent domain. The use of MTA property, as well as eminent domain, would apparently allow the project planning to be coordinated through the Empire State Development Corporation (ESDC) under the New York State Environmental Quality Review Act (SEQRA). Unfortunately, when compared to the New York City Unified Land Use Review Process (ULURP), SEQRA provides for little or no local governmental oversight, and limited public review.
In March of 2005, FCRC, the City of New York, and the ESDC signed several Memoranda of Understanding (MOUs) with respect to the proposed project site and adjacent sites west of Flatbush Avenue and north of Atlantic Avenue. The MOU with respect to the original BAY project site was publicly announced, but MOUs with respect to the other sites were not disclosed until August 2005, when a local community organization obtained copies through a FOIA request. Together with the originally proposed BAY site, the additional sites make the combined project the largest development project in Brooklyn’s history, with a total size of approximately 25 acres.
In July of 2005, the MTA received responses to its previously-issued request for proposals (RFP) for the Vanderbilt Yards site. FCRC bid $50 million for the site; a competing developer bid $150 million with a proposal to build a smaller project. However, the MTA subsequently announced its intention to negotiate exclusively with FCRC, and allowed FCRC forty-five days to improve its bid.
Also in July of 2005, FCRC announced the execution of a Community Benefits Agreement (CBA) intended to demonstrate the developer’s intention to provide for affordable housing, job training and certain community programs as a function of the BAY project. In addition to FCRC, the CBA was signed by eight organizations that are to administer the proposed benefits programs under the agreement should BAY proceed. Although the CBA contains a provision for one of the eight groups to work with FCRC in assessing environmental impacts, the CBA makes clear the fact that all impact analysis and mitigation requirements are to be determined through state-mandated processes (e.g., SEQRA), and as such the CBA does not bind the developer with respect to environmental impacts.
In September of 2005, the MTA awarded the development of the Vanderbilt Yards to FCRC. The ESDC announced its role as lead agency with respect to the development under SEQRA, and published a draft scope for the EIS. The project as described in the ESDC’s draft scope would consist of a 19,000-seat arena, 7,300 units of housing, nearly 900,000 square feet of office and retail space, a 180-room hotel, seven acres of open space and parking for 4,000 cars. The ESDC received comments with respect to the EIS scope until October 28, 2005.
With respect to public participation in the review of the proposed project, an independent study by the Pratt Institute Center for Community and Environmental Development (PICCED) released in February 2005 found that
“…the process through which this development has been advanced has not been sufficiently fair or accountable... Planning for the project was initiated by the developer, considering the best site for a basketball team he was purchasing, and a large-scale mixed-use development. No officially-sanctioned public planning took place in advance to consider various alternatives for use of the site, or to collect input from area residents. Rather than fostering inclusiveness and building community consensus, the developer’s approach has been perceived as divisive, with residents being played against each other… Moreover, little clear information has been provided about the review process that the project would undergo. The City’s Unified Land Use Review Process (ULURP), which provides substantial opportunities for public input, has been effectively rendered irrelevant. Essentially, the developer has been allowed to choose the path of least public review and comment.”[1]
1.2 Council of Brooklyn Neighborhoods
In September of 2004, Brooklyn Borough President Marty Markowitz, a vocal supporter of the BAY proposal, convened a group of community leaders and elected officials to discuss how to create a public process which would address the impacts of BAY in the surrounding communities. The Borough President called subsequent meetings in October and November 2004. These meetings led the group of community leaders to organize the Council of Brooklyn Neighborhoods (CBN), as a stakeholder coalition of community organizations representing the areas neighboring BAY. A formal structure for CBN was adopted in July of 2005, and a list of its member organizations is provided in Exhibit A. The stated mission of CBN is to ensure
* the environmental review process related to any development on the Vanderbilt Yards is transparent, comprehensive, incorporates meaningful methodologies and assumptions, fully discloses all impacts, and effectively addresses all potential negative impacts;
* the environmental review process thoroughly explores all proposals to develop the Yards;
* the community is effectively engaged throughout the environmental review process, and the community obtains the financial resources, access to information and technical assistance to oversee and participate in the same.
CBN has submitted detailed written comments to the ESDC with respect to the draft scope in a document dated October 27, 2005. The document is available at http://www.cbrooklynneighborhoods.homestead.com. The file to be downloaded is named CBN_Response_to_ESDC_re_Atlantic_Yards_Scoping_--_Final.pdf.
CBN intends to consult with recognized, technically competent professionals to help it better identify the issues which will affect the communities in and around the BAY site. CBN further intends to reach out to other community based organizations to join the stakeholder coalition.
In its role as a facilitator of public participation in the EIS process with respect to BAY, CBN neither supports nor opposes the BAY project. CBN does not intend its activities to be a substitute for public hearings as provided for under city and/or state review processes.
2. Qualifications of Prospective Professionals
Professional organizations wishing to be considered for the activities described in this statement of work as Consultant must have the following qualifications:
* Recent project experience in community-based planning, DEIS analysis and response under NYS SEQRA regulations, and outreach/educational activities
* Recent project experience which included operating in an advocacy role for communities facing impacts from major development
* At least one team member licensed as a professional engineer.
Consultant proposals should describe how the organization meets these qualifications and furnish two professional references from recent projects. Proposals must include CV’s for all team members and subcontractors.
3.Scope of Technical and Advisory Services
3.1 Preparation for EIS Evaluation
3.1.1 Confirmation of CBN community EIS topic outline
The Consultant will meet with CBN representatives to review and prioritize the topic areas addressed in CBN’s scoping response to the ESDC.
3.1.2 Consultation with CBN and public officials
The Consultant will attend up to three meetings with CBN and public officials. The goal of these meetings will be to solicit confirmation from such officials with respect to the EIS topics, and their prioritization and content.
3.2 Community education and outreach
3.2.1 Development of a SEQRA primer
Concurrent with the activities in 3.1 above, the Consultant will prepare educational materials regarding the SEQRA process and the BAY project. These materials will be designed to make their content easy to understand by all community residents. Materials will be prepared in a medium that allows for electronic as well as hard copy distribution, and will include a summary in presentation format.
3.2.2 Awareness workshops
The Consultant will appear at up to three awareness workshops organized by CBN and held throughout the surrounding communities to present the educational material developed in 3.2.1, as well as to answer community questions regarding the SEQRA process and EIS scope.
3.3 Analysis of DEIS
3.3.1 Review of DEIS and summary of findings
Following release of the draft environmental impact study (DEIS), the Consultant will review the DEIS to determine the extent and sufficiency to which it addresses the topics and methodologies submitted by CBN to the ESDC. To fulfill this portion of the scope of work, the Consultant may act as a prime contractor, retaining experts in specific environmental disciplines if necessary. The Consultant will also be available to meet with the parties performing the environmental impact study (EIS) in order to clarify questions concerning the methodologies employed and the impacts identified. The Consultant will prepare a written summary of its findings for presentation to CBN.
3.3.2 Solicitation of feed back
Consultation with CBN and public officials
Following CBN’s review of the Consultant’s findings, the Consultant will attend meetings with CBN and public officials to discuss its findings, identifying gaps in coverage of impacts in the DEIS, and proposing mitigation strategies for identified impacts. The purpose of these meetings will be to build consensus between CBN and public officials with respect to appropriate types of mitigations for identified impacts, as well as to secure support for extending the EIS to include topics which were identified in the CBN scoping outline, but were not adequately covered in the DEIS.
Informational workshops
Concurrent with 3.3.2 above, the Consultant will appear at up to three informational workshops organized by CBN and held throughout the surrounding communities to discuss the DEIS and answer questions from community residents.
3.3.3 Advocacy
Following the other activities in this section, the Consultant will prepare an analytical report on the DEIS for submission to ESDC on behalf of CBN. The statement will identify gaps in the DEIS coverage with respect to the CBN and other reports previously submitted to ESDC, and may also recommend additional mitigation action for impacts described in the DEIS. CBN will work with the Consultant to secure the support of public officials for the statement.
The Consultant will be available to participate with CBN in discussions with the ESDC, project sponsors, and public officials concerning the mitigations for identified impacts.
4. Phasing of Activities
CBN is at present working to secure funding for the activities described in this statement of work. However, the amount of funds that will ultimately be available to CBN or other community conduits is not yet known. The Consultant should therefore propose a phased structure for their execution of the work described in section 3 that will allow each phase to be completed independently as budgets are funded. Finally, given the urgency of the situation with respect to completing work within timeframes outside of the control of CBN, CBN is interested in cost proposals from consultants who are willing either to begin work in advance of committed funding, or to perform certain work on a pro bono basis, or both.
Consultants should structure their cost proposals in the following phases:
* Phase I should include the activities described in section 3.1.
* Phase II should include the activities described in section 3.2.
* Phase III should include the activities described in section 3.3, with a cost breakdown by topic/area of study (e.g., transportation, hazardous waste.)
5. Evaluation Factors for Award
The Respondent shall not be eligible to contract if the CBN deems the Respondent not independent with respect to the CBN, the ESDC, the proposed developer, the New York City and State governments, or any other involved parties. Respondent proposals should address any conflicts of interest, actual or perceived, and how the Respondent plans to address same.
The proposal will be evaluated on the basis of meeting the CBN’s operational, functional, technical, and administrative requirements. The proposal will be rated and ranked on the following categories, which are listed in order of importance:
* Qualifications and Experience of Professional Staff;
* Past Performance; and
* Cost / Price Proposal.
6. Proposal Submissions
6.1 Intent to Respond
Professionals intending to respond to this RFP must notify of their intent to respond by email to CBN at cbrooklynneighborhoods@hotmail.com by 5 PM, December 21, 2005.
6.2 Submission Information
Proposals must be submitted by electronic format and one hard copy and must be received no later than Monday, January 9, 2006, 5 PM. Proposals should be sent to:
cbrooklynneighborhoods@hotmail.com .
Council of Brooklyn Neighborhoods
201 Dekalb Avenue
Brooklyn, NY 11205
Written questions in advance of the proposal deadline should be submitted to: cbrooklynneighborhoods@hotmail.com. CBN responses to these questions will be directly answered by email and also posted on the CBN website.
6.3 Use and Disclosure of Information
This Request for Proposal is the sole property of CBN. The information may not be used for any other purpose without the expressed prior written consent of CBN.