th
East 139 Street Bronx
Request for Proposals
Project No. 4974
Questions and Answers #1
Date to be Posted: May 21, 2012
Capitalized terms not defined herein shall have their meaning as set forth in the RFP.
1. What is the expectation with respect to purchase price?
NYCEDC and the MTA will evaluate each Proposal according to proposal requirements
and selection criteria as set forth on pages 4 to 6 of the RFP. The proposed Purchase
Price is a competitive factor in the evaluation process and Respondents are expected to
put forth their best offer.
2. May the Respondent submit more than one Proposal?
NYCEDC encourages each Respondent team to submit a single Proposal submission
package; however, one Proposal may set forth multiple, alternative development
scenarios.
3. What is the RFP review and selection process? Will there be finalist interviews?
NYCEDC and the MTA will evaluate each Proposal according to the proposal
requirements and selection criteria set forth on pages 4 to 6 of the RFP. NYCEDC and
the MTA may request supplemental information from Respondents through interviews, or
presentations, as well as require Respondents to comment on a draft contract of sale,
pursuant to any non-exclusive negotiations for the sale of the Site.
4. What is the Open RFP Process?
The Open RFP process allows prospective Respondents to submit a Proposal on or
before each Submission Deadline between the RFP release date of 3/28/12 and the final
submission deadline of 3/29/13. Additionally, Respondents may revise and resubmit their
Proposals prior to subsequent Submission Deadlines.
After any Submission Deadline NYCEDC may, at its sole and absolute discretion, elect to
close the RFP. Should the RFP close, no further Proposals will be accepted, and only
those Proposals received on or before the Closing Date will be reviewed by NYCEDC
and the MTA. NYCEDC and the MTA may, at its sole and absolute discretion, elect to
commence negotiations with one or more Respondents at any time as part of the
Proposal review process.
Accordingly, we encourage all interested parties to submit a strong Proposal with a
serious offer at the earliest submission deadline to ensure inclusion in the review and
selection process.
Respondents should refer to pages 7 to 8 of the RFP for details of the Open RFP
Process.
5. Is the Site a brownfield site?
It is the Respondent’s responsibility to conduct due diligence on the Site. Respondents
are encouraged to review the Existing Conditions set forth on pages 1 to 2 of the RFP
together with the Site Information File, containing important publicly available
information regarding the Site – including a draft Phase I report. The Site File is available
for purchase for $150, or can be viewed at no cost by appointment at the offices of
NYCEDC, by request to Serena Hernandez at [email protected] or 212-3123551.
Neither the MTA nor NYCEDC makes any representations regarding the presence or
absence of hazardous materials or any other environmental conditions that may impact
the value of the Site, or any future development thereon. Each Respondent should
conduct its own due diligence and independent sampling/research prior to closing. The
MTA and NYCEDC will require, before conveying the property, that the Selected
Respondent assumes the obligation to remediate any environmental contamination,
indemnify the MTA and NYCEDC for any claims that may be made against it in the
future, and release the MTA and NYCEDC from any claims that Selected Respondent
may have in the future arising out of the condition of the Site.
6. What are the estimated costs in connection with environmental remediation for the
Site? Is there public funding available to remediate the deactivated substation?
It is the Respondent’s responsibility to conduct due diligence on the Site. Respondents
are encouraged to review the Site Context & Description set forth on pages 1 to 2 of the
RFP together with the Site Information File, containing important publicly available
information regarding the Site – including a draft Phase I report. The Site File is available
for purchase for $150, or can be viewed at no cost by appointment at the offices of
NYCEDC, by request to Serena Hernandez at [email protected] or 212-3123551.
There is no public funding available to remediate the deactivated substation.
Respondents should refer to Appendix 6 for further information on various economic
development benefits that may be available to prospective Respondents who meet the
eligibility requirements.
Neither MTA nor NYCEDC makes any representations regarding the presence or
absence of hazardous materials or any other environmental conditions that may impact
the value of the Site, or any future development thereon. Each Respondent should
conduct its own due diligence and independent sampling/research prior to closing. The
MTA and NYCEDC will require, before conveying the property, that the Selected
Respondent assume the obligation to remediate any environmental contamination,
indemnify the MTA and NYCEDC for any claims that may be made against it in the
future, and release the MTA and NYCEDC from any claims that Selected Respondent
may have in the future arising out of the condition of the Site.
7. Will the deactivated substation be demolished and cleared prior to disposition?
As noted on page 1 of the RFP, the Site will be delivered in as-is condition.
8. Is there a preference for a specific type of development proposal?
East 139th Street Bronx RFP – Q&A #1, Page 2
No. Respondents should refer to the proposal requirements and selection criteria on
pages 4 to 6 of the RFP. NYCEDC and the MTA will consider all proposals that meet
these requirements and criteria; however, Proposals for as-of-right projects will be viewed
more favorably than those Proposals requiring further discretionary actions.
9. Is there a preference for nonprofit versus for profit uses on the Site?
No. Respondents should refer to the proposal requirements and selection criteria on
pages 4 to 6 of the RFP. NYCEDC and MTA will consider all proposals that meet these
requirements and criteria; however, Proposals for as-of-right projects will be viewed more
favorably than those Proposals requiring further discretionary actions.
10. What is the HireNYC Program?
NYCEDC recognizes the importance of creating employment opportunities for lowincome persons and enabling them to participate in the City’s economic growth. If a
Respondent is proposing development of the Site, the Respondent is encouraged to
make good faith efforts to achieve the hiring and workforce development goals, comply
with the other programmatic requirements as outlined in the HireNYC Work Plan, and
submit a plan to NYCEDC to address participation through the HireNYC Program.
For further information, please refer to Appendix 8 of the RFP or the program website:
http://www.nycedc.com/program/hirenyc.
11. I am a broker with parties who have expressed strong interest in the Site and would be
willing to proceed with an all cash offer immediately.
As stated in Appendix 10 of the RFP, subsection H, “Only proposals from principals will
be considered responsive. Individuals in representative, agency or consultant status may
submit proposals only under the direction of identified principals, where the principals are
solely responsible for paying for such services”.
12. Have the adjacent property owners been notified about the RFP?
No, the adjacent property owners have not been notified about this RFP.
13. Is the City open to preservation and/or restoration of the structure?
NYCEDC and the MTA will evaluate each Proposal according to proposal requirements
and selection criteria as set forth on pages 4 to 6 of the RFP. NYCEDC and MTA will
consider all proposals that meet these requirements and criteria.
14. Will the existing fencing on the east side of the structure, erected on the adjacent
school’s property, remain in place?
At this time, the MTA has no plans to remove the fencing, but the Selected Respondent
will have to coordinate with the NYC Department of Parks & Recreation, and possibly the
school, to determine future positioning of the fencing. NYCT has a permit from the
Department of Parks and Recreation to occupy the yard and permission from the school.
It will be the responsibility of the Selected Respondent to receive permission from DPR
and the school if they wish to continue occupying the yard.
East 139th Street Bronx RFP – Q&A #1, Page 3
15. Will Respondents be allowed to access the building interior?
As a safety precaution, Respondents will not be allowed to access the inside of the
deactivated substations. We are therefore providing the following interior site photos,
which were taken in April 2012. The photos are indicative of interior conditions of the
deactivated substations, but EDC and the MTA make no representation as to
the usefulness of the photos for evaluating the interior conditions and Respondents are
advised to undertake their own due diligence.
East 139th Street Bronx RFP – Q&A #1, Page 4