RESILIENT INFILL HOMEOWNERSHIP RFP - New York · 2019-01-31 · RESILIENT INFILL HOMEOWNERSHIP RFP...

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Mayor, Bill de Blasio Deputy Mayor, Housing and Economic Development, Alicia Glen Commissioner, Department of Housing Preservation and Development, Maria Torres-Springer RESILIENT INFILL HOMEOWNERSHIP RFP Thirty Scattered Sites in Staten Island, Queens & Brooklyn Request for Proposals Issue Date: November 29, 2018 Pre-Submission Conference: December 10, 2018 Submission Deadline: February 1, 2019

Transcript of RESILIENT INFILL HOMEOWNERSHIP RFP - New York · 2019-01-31 · RESILIENT INFILL HOMEOWNERSHIP RFP...

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Mayor, Bill de Blasio Deputy Mayor, Housing and Economic Development, Alicia Glen

Commissioner, Department of Housing Preservation and Development, Maria Torres-Springer

RESILIENT INFILL HOMEOWNERSHIP RFP Thirty Scattered Sites in Staten Island, Queens & Brooklyn

Request for Proposals Issue Date: November 29, 2018 Pre-Submission Conference: December 10, 2018 Submission Deadline: February 1, 2019

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Table of Contents Resilient Infill Homeownership RFP

NYC Department of Housing Preservation & Development

November 2018

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Table of Contents I. DEFINITIONS .................................................................................................................. 3

II. INTRODUCTION............................................................................................................. 7

III. SUBMISSION INSTRUCTIONS .................................................................................... 9

IV. PROJECT OVERVIEW ................................................................................................ 11

A. PROJECT SNAPSHOT .................................................................................................... 11 B. PROJECT GOALS ........................................................................................................... 12 C. SITE AND NEIGHBORHOOD CONTEXT .................................................................... 13

V. SELECTION PROCESS ................................................................................................ 21

A. SUBMISSION .................................................................................................................. 21 B. REVIEW CRITERIA ........................................................................................................ 22 C. SELECTION ..................................................................................................................... 23

VI. SUBMISSION REQUIREMENTS AND COMPETITIVE PREFERENCES .......... 24

A. DEVELOPMENT TEAM EXPERIENCE AND CAPACITY ......................................... 24 B. FINANCING AND AFFORDABILITY .......................................................................... 26 C. DEVELOPMENT PROGRAM AND WORKFORCE DEVELOPMENT ....................... 27 D. DESIGN AND PERFORMANCE .................................................................................... 28

VII. SUBMISSION CONTENT AND COMPLETENESS ................................................. 30

VIII. DEVELOPER OBLIGATIONS .................................................................................... 36

IX. CONDITIONS, TERMS, AND LIMITATIONS ......................................................... 42

X. CONFLICTS OF INTEREST ....................................................................................... 44

XI. APPENDICES ................................................................................................................. 45

APPENDIX A: MAPS ................................................................................................................ 46

APPENDIX B: NEIGHBORHOOD DEMOGRAPHICS ....................................................... 47

APPENDIX C: RESILIENT HOMEOWNERSHIP DESIGN GUIDELINES ..................... 53

APPENDIX D: SANDY RECOVERY HIRING PLAN .......................................................... 55

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I. Definitions Resilient Infill Homeownership RFP

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I. DEFINITIONS 100 Year Floodplain The land in the floodplain delineated as subject to a 1-percent or greater chance of flooding in any given year. Such areas are designated on the Flood Insurance Rate Map (FIRM) as A-Zones, Limit of Moderate Wave Action (Coastal A-Zones),or V-Zones. Action Plan City of New York’s Community Development Block Grant-Disaster Recovery (“CDBG-DR”) Action Plan. The Plan details how New York City will use its CDBG-DR allocations to support recovery from Hurricane Sandy and to build resiliency to the challenges of climate change, including programs to build and support housing, businesses, coastal resiliency, infrastructure and other City services. Area Median Income (AMI) The median income levels, as modified by household size, for the New York Metropolitan Statistical Area as determined from time to time by the federal Department of Housing and Urban Development (HUD). For 2018, 100% of the AMI is $104,300 for a family of four and $73,100 for an individual. Article XI Provides a complete or partial tax exemption from New York City real property taxes for up to 40 years for an affordable housing project carried out by a Housing Development Fund Company (HDFC). Base Flood Elevation (BFE) The elevation of the base flood, including wave height, as specified on FEMA FIRMs 360497 or as determined in accordance with Section G103.3 of the NYC Building Code. In areas designated as Zone AO, the base flood elevation shall be the elevation of the highest existing grade of the building’s perimeter plus the depth number (in feet) specified on the flood hazard map. BSA The New York City Board of Standards and Appeals Build It Back (BIB) Program established after Hurricane Sandy and administered by HRO to rebuild, repair, and acquire damaged homes. Community Development Block Grant-Disaster Recovery (CDBG-DR) Funding grants appropriated through Congress to rebuild presidentially declared disaster affected areas and provide crucial seed money to start the recovery process. CDC Community Development Corporation CHDO Community Housing Development Organizations CLT Community Land Trust Cluster Project Sites are organized into four (4) Clusters based on geographic location or project type. Submissions may include one or more Clusters and must include all sites in each Cluster. CEQR City Environmental Quality Review

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I. Definitions Resilient Infill Homeownership RFP

NYC Department of Housing Preservation & Development

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City The City of New York DCP The New York City Department of City Planning Design Flood Elevation (DFE) The applicable elevation specified in American Society of Civil Engineers (ASCE) 24, Tables 2-1,4-1,5-1, 6-1, or 7-1, depending on the structural occupancy category designated in ASCE 24, Table 1-1. The lowest floor, including the basement (for flood zone purposes), shall be elevated to at or above the design flood elevation. DEP The New York City Department of Environmental Protection Developer The entity or entities selected by the City to commence negotiations regarding the development of the Site(s). The entity or entities will provide equity, secure financing, assemble a Development Team, design, develop, build, market, and manage the Project. Development Team The Respondent’s team designated to perform the design, planning, construction and final sale of flood-resilient, affordable one- to two- family homes. The team is to include, at minimum, a general contractor, engineer, architect/planner, construction manager and marketing agent, and managing agent. DOB The New York City Department of Buildings FAR Floor Area Ratio ESA Environmental Site Assessments EIS Environmental Impact Statement FEMA Federal Emergency Management Agency Freeboard The number of feet above BFE required for buildings in areas of special flood hazard. As per the Commissioner of Buildings under Sections 643 and 1043 of the New York City Charter and Section 28-103.19 of the Administrative Code of the City of New York, freeboard of two feet is required for new one to two family dwellings. Housing Development Fund Company (HDFC) A corporation formed under Article XI of the Private Housing Finance Law to develop and operate low-income housing. The formation of each HDFC which is a sponsor of an HPD project is individually approved by HPD. HPD The New York City Department of Housing Preservation and Development

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I. Definitions Resilient Infill Homeownership RFP

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HRO The Mayor’s Office of Housing Recovery Operations established following Hurricane Sandy to administer the Build It Back Program. HUD United States Department of Housing and Urban Development LDA Land Disposition Agreement M/WBE Minority and/or Women Business Enterprise Negotiation Letter The written notification sent by HPD to the Developer selected under this Submission regarding the commencement of negotiations. NYSDEC New York State Department of Environmental Conservation Principal An individual, partnership, limited liability company, corporation, or other not-for-profit or for-profit entity that will act as the general partner, officer, or managing member of the Respondent, or any entity, known limited partner, or other member that has at least a 10% ownership interest in the Respondent. Project Rebuild, Inc. (PRI) A non-profit organization operating out of the offices of Neighborhood Restore HDFC, created for the purpose of administering the Build-It Back program in collaboration with HPD and HRO. Project The development proposed for the Site(s), as further described in this Request. Project Sites The thirty (30) sites currently owned by PRI or the City in Staten Island, Queens, and Brooklyn that will be developed as code-compliant, affordable housing. Proposal Used to describe the Project, or elements of the Project, proposed for the Site(s). Request or RFP Request For Proposals Respondent An individual, partnership, limited liability company, corporation, joint venture, Community Land Trust, or other entity that offers a Submission in response to this Request. RFI Request for Further Information Site(s) The property to be developed by a Developer selected under this Request. Submission The proposed Project from the Development Team in response to this Request.

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I. Definitions Resilient Infill Homeownership RFP

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Urban Development Action Area Program (UDAAP) A state statute authorizing the City to convey City-owned property, make loans, and grant tax exemptions. Before the City can take such actions, the City Council must approve or waive designation of an Urban Development Action Area and approve an Urban Development Action Area Project. For a disposition of City-owned property or the grant of a tax exemption, additional approvals are required. Uniform Land Use Review Procedure (ULURP) The process, set forth in the City Charter, prescribing the City’s land use review process, including public hearings and several levels of government approvals. Actions requiring ULURP include, among others, changes to the City Map, designation or change of zoning districts, Special Permits within the New York City Zoning Resolution requiring approval of the City Planning Commission (CPC), and disposition of City-owned property.

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II. Introduction Resilient Infill Homeownership RFP

NYC Department of Housing Preservation & Development

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II. INTRODUCTION

In May 2014, Mayor de Blasio released Housing New York: A Five-Borough, Ten-Year Plan, which commits to the preservation or new construction of 200,000 affordable homes by 2024. The Plan’s crucial goals include fostering diverse and thriving neighborhoods, anchored by quality affordable housing for the diverse communities of New York City. In October 2017, the de Blasio administration announced the success of Housing New York and updated the plan to increase its goal for the construction and preservation of affordable homes by an additional 100,000 homes bringing the total to 300,000 affordable apartments by 2026. In furtherance of the vision set forth in Housing New York, the City of New York (“City”), through its Department of Housing Preservation and Development (“HPD”), is pleased to release this Request for Proposals (“RFP”) to develop thirty (30) sites for affordable housing (“Project Sites”) in Staten Island, Queens, and Brooklyn. Pursuant to this RFP, HPD is inviting Developers (“Respondents”) to submit development proposals (“Proposals”) for the design and construction of housing on properties acquired through New York City’s Build-It-Back (“BIB”) Single-Family Acquisition, Buyout, and Resettlement Incentives Program (“Program”) and currently under the ownership of Project Rebuild, Inc. (“PRI”), a non-profit affiliate of Neighborhood Restore HDFC. The BIB Program was established as a response to Hurricane Sandy’s devastation. While its primary goal has been to address the immediate needs of New Yorkers and those communities affected by the hurricane, it also seeks to devise resiliency strategies for homes and communities that will mitigate the effects of future storms. In 2013, PRI was created for the purpose of administering the Program in collaboration with HPD and the Mayor’s Office of Housing Recovery Operations (“HRO”). PRI purchased homes substantially damaged by Hurricane Sandy with the goal of assembling properties for resilient development or to remain as vacant land into the future. PRI is a subrecipient of the U.S. Department of Housing and Urban Development’s (“HUD”) Community Development Block Grant-Disaster Recovery (“CDBG-DR”) funds awarded to the City of New York as part of its Hurricane Sandy recovery efforts. All properties available for development must be redeveloped as affordable small homes in accordance with the City of New York’s CDBG-DR Action Plan. The Action Plan details how the City plans to spend grant funding from HUD for eligible Hurricane Sandy disaster recovery and rebuilding activities. The Action Plan describes how the City will use this funding to help New Yorkers rebuild their homes,

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II. Introduction Resilient Infill Homeownership RFP

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businesses, and communities and addresses housing, business, infrastructure, and resiliency programs. The Action Plan can be found online on on the City’s website. Consistent with the Action Plan, thirty (30) Sites, encompassing thirty-seven (37) lots, currently owned by PRI in Staten Island, Queens, and Brooklyn, and two (2) adjacent City-owned Sites, will be redeveloped as affordable housing under the Open Door Term Sheet. Redevelopment of the Project Sites must be according to predefined design guidelines and with the oversight of HPD. HPD is inviting all qualified Developers (“Respondents”) to submit complete responses (“Submissions”) for one or more of the Clusters. The goal of this RFP is to encourage resilient and sustainable development of properties in the 100 Year Floodplain that will be contextually appropriate, while increasing the City’s stock of affordable housing. The properties have been grouped into four (4) Clusters based on location and typology, outlined in detail on pages 13-25 and in Appendix A. Respondents may submit Proposals for one Cluster or multiple Clusters as outlined in the RFP. HPD may select more than one Development Team to implement the Projects, and HPD may select more than one Development Team for the Clusters. The City will convey each Site to the selected Respondents through a Land Disposition Agreement (“LDA”) subsequent to acquisition and the applicable approvals. Development Teams Qualified Respondents may be for-profit, non-profit, or joint venture entities that demonstrate the experience and capacity to implement the Project in accordance with resilient community development objectives and long-term equitable investments in neighborhoods. In furtherance of HPD’s commitment to community development, HPD encourages responses from Minority and/or Women Owned Business Enterprises (“M/WBEs”), as well as Community Housing Development Organizations (“CHDOs”) and Community Development Corporations (“CDCs”) that bring enhanced and tangible community development benefits to the proposed Project. Respondents may also include Community Land Trusts (“CLTs”). HPD is committed to increasing opportunities for, and strengthening the capacity of, for- and non- profit Developers, in order to expand the pool of affordable housing development firms available to participate in Housing New York. HPD encourages potential Respondents to assemble an experienced, complete, and competitive Development Team (“Development Team”). Community Feedback HPD met, briefed, and received feedback from stakeholders in the neighborhoods included in this RFP. Feedback was formalized into Resilient Homeownership Design Guidelines (Appendix C), which must be incorporated into the Proposals.

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III. Submission Instructions Resilient Infill Homeownership RFP

NYC Department of Housing Preservation & Development

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III. SUBMISSION INSTRUCTIONS RFP Title Resilient Infill Homeownership RFP Package One (1) bound original, signed by an authorized representative of the Respondent One (1) bound copy One (1) flash drive containing all components of the Submission, with separate files or folders for each tab as well as the complete Submission in one PDF file. All PDFs must be searchable. Original and copy must be bound in a standard 3-ring view binder with the following information clearly printed on the front view cover:

• Project Title • Respondent Name • Project Site • Submission Date

Delivery Address Submissions must be delivered by hand to: Department of Housing Preservation and Development Office of Neighborhood Strategies, Resiliency Planning Unit 100 Gold Street, 9-X Area New York, NY 10038 Attention: Casey Peterson Due Date February 1, 2019 4:00 p.m. (Late Submissions will not be accepted) Pre-Submission Conference Date: December 10, 2018 Time: 2:00-4:00 p.m. Location: 100 Gold Street, Room 1-R, New York, NY 10038.

HPD strongly recommends that interested Respondents attend this pre-submission conference, as this will be the only opportunity to ask questions and receive answers in person. Responses to all inquiries will be collectively provided at the pre-submission conference and in an addendum, posted on HPD’s website and sent to all prospective Respondents. Any updates and/or additional communications regarding this RFP will also be posted on the HPD website. Conference Access for People with Disabilities. Please send requests for accommodation to: [email protected].

Communications All communications and inquiries regarding this RFP, including questions for PRI, are to be directed in writing to HPD, and specifically to Casey Peterson at [email protected]. All written questions must be submitted by January 14, 2019 to be included in the RFP addendum.

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III. Submission Instructions Resilient Infill Homeownership RFP

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Lobbying and Advocacy In order to preserve and maintain the integrity of the selection process, HPD will not consider or accept any advocacy or letters of support from any person or organization, including elected officials, attempting to influence the selection process.

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IV. Project Overview Resilient Infill Homeownership RFP

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IV. PROJECT OVERVIEW The Sites present a unique opportunity to achieve the City’s broader development goals and provide much-needed resilient, affordable housing. A. PROJECT SNAPSHOT

Site Location

The thirty (30) Sites included in this RFP are located in the boroughs of Staten Island, Queens, and Brooklyn. The Sites are grouped into four (4) Clusters. All properties are located within the 100 Year Floodplain, Federal Emergency Management Agency (“FEMA”) Special Flood Hazard Area (“SFHA”) Zone AE and AO.

Site Description

All existing structures on the Sites will be demolished under PRI ownership. The Sites will be acquired by the City and conveyed to the selected Respondents as vacant land for a nominal price.

Site Size Site sizes vary from 1,080 to 10,836 square feet and from one to three lots, with an average of 3,713 square feet.

Land Use / Zoning

Zoning varies from R1 to R5. Zoning changes may not be proposed as part of the RFP. Variances and waivers may be available subject to submission and approval by the Board of Standards and Appeals.

Type of Development

All properties available for development must be redeveloped as affordable small homes, as allowed by the existing NYC Zoning Resolution and building codes and in accordance with the City’s Action Plan. Given the low-density neighborhoods of the portfolio, development will predominantly consist of 1-2 family homes, which require two feet of freeboard above BFE as per the NYC Building Code. All development must comply with NYC Building Code Appendix G: Flood-Resistant Construction. Proposals are expected to meet the HPD Open Door Program income restriction of up to 130% AMI household income, and units must be sold to first-time homeowners.

Disposition

Terms to be set forth in a Land Disposition Agreement and deed, to include a timeframe to redevelopment completion, restrictions on the resale of the properties, and a covenant to maintain flood insurance running with the land in perpetuity.

Acquisition Price Nominal

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IV. Project Overview Resilient Infill Homeownership RFP

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Project Funding

Financial Proposals can assume subsidy dollars available through the HPD Open Door Term Sheet.

City Council Approvals

Proposals meeting the requirements of this RFP are not anticipated to require ULURP. City Council and Mayoral approvals will be required under UDAAP; however. HDFC’s requesting an Article XI tax exemption will also need to obtain City Council approval for the exemption.

B. PROJECT GOALS Development Team Experience and Capacity

• Procure a Development Team that brings the resources, understanding, and experience to implement the proposed Project.

• Procure a Development Team that incorporates a resilient and sustainable development approach.

Financing and Affordability

• Ensure that 100% of the residential units are affordable to a household income of up to 130% AMI and complies with the HPD Open Door Term Sheet.

• Establish a sound financial capital and operating budget that addresses the various elements of the development program and successfully incorporates resiliency features into the Project budget.

Development Program and Workforce Development

• The proposed residential development program will be evaluated within the context of New York City’s commitment to affirmatively further fair housing. Consistent with the Fair Housing Act, the City and HPD implement a balanced approach to fair housing planning, taking meaningful action to address disparitites in housing needs that increases access to opportunity, fosters inclusive communities, and facilitates integrated living patterns, in addition to combatting discrimination, in New York City.

• Implement a hiring plan that clearly addresses HireNYC, M/WBE, and Sandy workforce development goals.

Design and Performance • Design and develop high-quality affordable, flood-resilient homes that are financially feasible. • Design and develop buildings that meet or exceed the Resilient Homeownership Design

Guidelines developed in response to community input from elected officials, civic groups, and community members in the neighborhoods included in this RFP.

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IV. Project Overview Resilient Infill Homeownership RFP

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C. SITE AND NEIGHBORHOOD CONTEXT

Cluster A. Staten Island – South Beach & Midland Beach Cluster A includes eleven (11) scattered Sites, comprised of fifteen (15) lots, located in the neighborhoods of Midland Beach and South Beach on the east shore of Staten Island (Community Board 2). All existing structures on these Sites will be demolished and left vacant prior to handoff to the selected Respondents. In the case where a street widening line limits the ability to build housing on a Site, the Developer is responsible for obtaining a BSA General City Law 35 waiver. Neighborhood Flood Risk All properties are located within the FEMA 100 Year Floodplain, and new construction must comply with NYC Building Code Appendix G: Flood-Resistant Construction. Due to flood risk, each Site in Cluster A has a BFE of 12 feet. Midland Beach is included in the City’s Sandy recovery efforts and in NYC Department of City Planning’s Resilient Neighborhoods initiative as part of the East Shore Neighborhoods study. Parts of the neighborhood were subsequently rezoned to limit density as part of the East Shore Special Coastal Risk District. The Staten Island Blue Belt freshwater wetland runs through the north side of Midland Beach, and both neighborhoods are buffered from the Lower New York Bay by the Franklin D. Roosevelt Boardwalk and Beach. 111A Grimsby Street is located within a freshwater wetland area, and 787 Nugent Avenue is located within the tidal wetland adjacent area. Neighborhood Land Uses The Sites in Cluster A are surrounded by low-density, 1-2 family homes. Midland Beach is bisected by the commercial corridor Midland Avenue, which is anchored by Midland Field and Elementary School 38 to the northwest and the Franklin D. Roosevelt Boardwalk and Beach to the southeast. The Site in South Beach is situated on the end of a residential block and sits across Father Capodanno Boulevard from the Franklin D. Roosevelt Boardwalk and Beach. Neighborhood Access Midland Beach and South Beach are served by the following MTA NYCT bus routes: S51, S81, X4, X5, X7, X8.

See Appendix A for parcel maps and neighborhood flood, land use, and access maps. See Appendix B for neighborhood demographic information.

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Cluster A Map

Cluster A Property List BBL(s) ADDRESS ZIP NHOOD ZONING SQ FT BFE WETLAND

5031240116 123 FATHER CAPODANNO BLVD 10305 South Beach R3-1 10,836 12’ None

5037950037 111A GRIMSBY ST. 10306 Midland Beach R3-1 5,700 12’ Within Freshwater Wetland

5037280020 398 HAMDEN AVE. 10306 Midland Beach R3-1 2,060 12’ None 5037360020 176 KISWICK ST. 10306 Midland Beach R3-1 2,000 12’ None 5037380005, 5037380006

457 LINCOLN AVE. 10306 Midland Beach R3-1 3,931 12’ None

5037340038, 5037340039, 5037340041

181-187 MORELAND ST.

10306 Midland Beach R3-1 5,920 12’ None

5038020005 521 LINCOLN AVE. 10306 Midland Beach R3-1 4,000 12’ None 5037310041 787 NUGENT AVE. 10306 Midland Beach R3-1 4,500 12’ Adjacent to

Freshwater (100 ft) 5038810001 529 GREELEY AVE. 10306 Midland Beach R3-1 6,000 12’ None 5038840014, 5038840015

1142-1144 OLYMPIA BLVD

10306 Midland Beach R3-1 4,000 12’ None

5038730028 770 PATTERSON AVE. 10306 Midland Beach R3-2 4,000 12’ None

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IV. Project Overview Resilient Infill Homeownership RFP

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Cluster B. Staten Island – New Dorp Beach, Oakwood Beach & Great Kills Cluster B includes ten (10) Sites, comprised of thirteen (13) lots, located in the Staten Island neighborhoods of South Beach, Oakwood Beach, New Dorp Beach, and Great Kills (Community Boards 2 and 3). All existing structures on these Sites will be demolished and left vacant prior to handoff to the selected Respondents. In the case where a street widening line prohibits the ability to build housing on a Site, the Developer is responsible for obtaining a BSA General City Law 35 waiver. In cases where the building does not front on a mapped street, the Developer is responsible for obtaining a BSA General City Law 36 waiver.

Neighborhood Flood Risk All properties are located within the FEMA 100 Year Floodplain, and new construction must comply with NYC Building Code Appendix G: Flood-Resistant Construction. Due to flood risk, each Site in Cluster B has a BFE of 12 to 13 feet. Each of the neighborhoods in this Cluster is included in the City’s Sandy recovery efforts. South Beach, New Dorp Beach, and Oakwood Beach were included in NYC Department of City Planning’s Resilient Neighborhoods initiative as part of the East Shore Neighborhoods study. Parts of the neighborhoods were subsequently rezoned to limit density as part of the East Shore Special Coastal Risk District. The two Sites in Oakwood Beach are located within the tidal wetland adjacent area. New Dorp Beach and Oakwood Beach are buffered from the Lower New York Bay by Great Kills Park. The Great Kills neighborhood is located near the mouth of Great Kills Harbor and contains the shoreline parks Crescent Beach Park and Seaside Wildlife Nature Park. Neighborhood Land Uses The Sites in Cluster B are surrounded by low-density, 1-2 family homes. New Dorp Beach contains a series of narrow, unmapped streets and some commercial activity along Cedar Grove Avenue. The two Sites in Oakwood Beach are located across Mill Road from Great Kills Park and approximately a half-mile south of a large shopping center. The two Sites in Great Kills are located less than a quarter-mile from the major commercial corridor Hylan Boulevard to the northwest. Neighborhood Access New Dorp Beach and Oakwood Beach are both served by the S76 and S86 buses.

Great Kills is served by the following MTA NYCT bus routes: S54, S78, S79+, X1, X4, X5. See Appendix A for parcel maps and neighborhood flood, land use, and access maps. See Appendix B for neighborhood demographic information.

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Cluster B Map

Cluster B Property List

BBL(s) ADDRESS ZIP NHOOD ZONING SQFT BFE WETLAND 5040850001, 5040850068

101 CEDAR GROVE AVE. 10306 New Dorp Beach R3X 7,440 13’ None

5040840049 18 CENTER PLACE 10306 New Dorp Beach R3X 1,240 12’ None

5040800017 39 SEAFOAM ST. 10306 New Dorp Beach R3X 1,080 12’ None

5040810066 54 SEAFOAM ST. 10306 New Dorp Beach R3-

2/C1-1 2,400 12’ None 5040850046, 5040850032 16 TOPPING ST. 10306 New Dorp Beach R3X 4,960 12’ None

5040810027 25 WAVECREST ST. 10306 New Dorp Beach R3X 1,800 12’ None

5040430066 90 WINHAM AVE. 10306 New Dorp Beach R3-1 7,650 12’ None 5040300024, 5040300026 477-479 MILL RD. 10306 Oakwood Beach R3-1 6,475 12’

Adjacent to Freshwater (100 ft)

5053060055 208 WIMAN AVE. 10308 Great Kills R3-

1/SRD 3,375 12’ None

5053060058 214 WIMAN AVE. 10308 Great Kills R3-

1/SRD 3,375 12’ None

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Cluster C. Queens – Arverne, Somerville, Rockaway Beach & Rockaway Park

Cluster C includes five (5) Sites, comprised of five (5) lots, located in the Queens neighborhoods of Arverne, Somerville, Rockaway Beach, and Rockaway Park (Community Board 14). All existing structures on these Sites will be demolished and left vacant prior to handoff to the selected Respondents.

Neighborhood Flood Risk All properties are located within the FEMA 100 Year Floodplain, and new construction must comply with NYC Building Code Appendix G: Flood-Resistant Construction. Due to flood risk, each Site in Cluster C has a BFE of 9 to 10 feet. Each of the neighborhoods in this Cluster is included in the City’s Sandy recovery efforts. Rockaway Park and Rockaway Beach were included in NYC Department of City Planning’s Resilient Neighborhoods initiative. The Sites on the Rockaway peninsula are buffered from the Atlantic coast by Rockaway Beach.

Neighborhood Land Uses The Sites in Cluster C are surrounded mostly by low-density, 1-2 family homes. The five (5) Sites in the Rockaways are all within one-half mile of the major commercial corridor Rockaway Beach Boulevard. The Sites are located near several public schools, nursing homes, and New York City Housing Authority campuses. The A Train track abuts 239 Beach 86 Street and 230 Beach 109 Street to the north. Neighborhood Access Rockaway Beach and Rockaway Park are served by the A and S trains, as well as the Q22, Q52, Q53 and QM16 buses. Arverne and Somerville are served by the Q22 and QM17 buses.

See Appendix A for parcel maps and neighborhood flood, land use, and access maps. See Appendix B for neighborhood demographic information.

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Cluster C Map

Cluster C Property List

BBL(s) ADDRESS ZIP NHOOD ZONING SQ FT

BFE WETLAND

4160830023 BEACH 70 ST. 11692 Arverne R5A 2,660 9’ None 4160650048 527 BEACH 72 ST. 11692 Somerville R4A 4,000 10’ None

4161200065 239 BEACH 86 ST. 11693 Rockaway Beach R4-1 4,242 10’ None

4161640020 230 BEACH 109 ST. 11694 Rockaway Park R5B 3,159 10’ None

4161860065 170 BEACH 114 ST. 11694 Rockaway Park R5A 2,800 10’ None

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Cluster D. Brooklyn – Gerritsen Beach & Manhattan Beach Cluster D includes four (4) Sites, comprised of five (5) lots, located in the Brooklyn neighborhoods of Gerritsen Beach and Manhattan Beach (Community Board 15). All existing structures on these Sites will be demolished and left vacant prior to handoff to the selected Respondents.

Neighborhood Flood Risk All properties are located within the FEMA 100 Year Floodplain, and new construction must comply with NYC Building Code Appendix G: Flood-Resistant Construction. Due to flood risk, each Site in Cluster D has a BFE of 10-11 feet. Each of the neighborhoods in this Cluster is included in the City’s Sandy recovery efforts, and Gerritsen Beach was included in NYC Department of City Planning’s Resilient Neighborhoods initiative. Gerritsen Beach is located along Shell Bank Creek in Jamaica Bay, and Marine Park abuts the neighborhood to the east. One of the Sites is located within the tidal wetland adjacent area. Manhattan Beach abuts Sheepshead Bay to the north and Rockaway Inlet to the south. Manhattan Beach Park runs along the southern shore of the neighborhood. Neighborhood Land Uses The Sites in Cluster D are surrounded by low-density, 1-2 family homes. The Sites in Gerritsen Beach are located a half-mile from the commercial corridor Gerritsen Avenue and Gerritsen Beach Library. The Site in Manhattan Beach is located within a residential block between the major thoroughfares Shore Boulevard and Oriental Boulevard and is a half-mile from Kingsborough Community College, Leon M. Goldstein High School for the Sciences, and Manhattan Beach Park. Neighborhood Access Gerritsen Beach is served by the B31 and BM4 buses. Manhattan Beach is served by the B1 and B49 buses.

See Appendix A for parcel maps and neighborhood flood, land use, and access maps. See Appendix B for neighborhood demographic information.

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Cluster D Map

Cluster D Property List

BBL(s) ADDRESS ZIP NHOOD ZONING SQ FT

BFE WETLAND

3088451976, 3088451978

25 ABBEY COURT 11229

Gerritsen Beach R4 3,600 10’ None

3088452060 5 BEACON COURT 11229

Gerritsen Beach R4 1,800 11’

Adjacent to Tidal (150 ft)

3088561656 17 NOEL AVENUE 11229

Gerritsen Beach R4 1,800 11’ None

3087570093

124 OXFORD STREET 11235

Manhattan Beach R3-1 2,500 11’ None

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V. Selection Process Resilient Infill Homeownership RFP

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V. SELECTION PROCESS A. SUBMISSION All Submissions must include the following contents to fully describe the Respondent’s proposed Project(s) (See: Section VII. SUBMISSION CONTENT AND COMPLETENESS for more information).

TAB CONTENTS FORMS Development Introduction A Completeness Checklist and Respondent’s Letter A-1, A-2 B Project Narrative / Project Summary (per Cluster) B C Trade Secrets (optional) Development Team Experience and Capacity D Developer Respondent Description D-1, D-2 E Development Team Experience and Capacity E-1, E-2, E-3 F Development Schedule / Phasing Plan / Marketing and Sales Plan

(per Cluster)

Financing and Affordability G Financing Submission (per Cluster) G H Financing Letters of Interest and Historical Financing Letters of Interest /

Award Letters

I Assets Statement and Financial References I Development Program and Workforce Development J Development Program (per Cluster) K Workforce Development (per Cluster) Design and Performance L Design Narrative (per Cluster) M Architectural Drawings (per Cluster)

• Tabs must be in the order specified above, and run down the right-hand side of the bound original

and copy. • Forms are available for download from the HPD website. • All forms must also be submitted on a flash drive; additionally Forms B, E-1, E-2 and G must be

in Excel format. • All forms must comply with the format associated with said form. • All architectural plans must be on paper no larger than 11” x 17,” and must be legible. • Plans and documents must be in formats and paper size that are simple to copy/reproduce.

Submission Modifications Modifications received after the submission deadline due date will not be considered. If HPD determines, upon review of a Submission, that any items are missing and/or incomplete, HPD, by written notification given to the Respondent, may permit the Respondent to provide or clarify such items. Failure to provide complete information in a timely fashion could result in rejection of the Submission. Addenda and Extensions HPD may amend or withdraw this Request at any time. In order to be considered, Submissions must conform to any amendments that may be issued to this Request. Amendments may include, without limitation, any requirements and terms or conditions contained in this Request. HPD will advise each respondent of any clarifications or revisions. If, in HPD’s judgment, additional time is required for Respondents to prepare their Submissions, HPD may grant an extension of the deadline for submission, and such extension will then be granted to all Respondents.

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References and Requests for Further Information (“RFI”) Respondents must include at least two references in their submission from professional sources excluding the proposed Development Team. References must be written and signed on letterhead and include information on the nature and quality of work completed with the Developer. A Submission constitutes permission from the Respondent for HPD to make such inquiries concerning the Respondent as HPD deems necessary. HPD may communicate with any of the Respondents, but is not obligated to do so. HPD may discuss the Submissions of any Respondent concurrently or sequentially, as HPD may determine. No Respondent has any rights against HPD arising from any such invitation to a discussion, or from any negotiations that may arise pursuant to the discussions. Respondents must comply with all RFIs and, if requested by HPD, appear for presentations or discussions. If any Respondent fails to do so within the time period given (or within any time extension that HPD may grant), HPD may deem this as a failure and act of non-compliance with the Request, which will permit HPD to select another Respondent or to solicit new Submissions. In furtherance and not in limitation of the foregoing, before a final selection is made, a Respondent may be required to produce more detailed information concerning the professional background of those persons who own and manage such Respondent, a report on the financial background of such Respondent, and information concerning the nature and status of any past or pending threatened charges or actions (including lawsuits, criminal or disciplinary actions, administrative proceedings by any governmental or regulatory agency or bankruptcy action) against such Respondent or any of its partners, directors, officers, employees, shareholders, subsidiaries, or affiliates, as the case may be.

B. REVIEW CRITERIA

The Development Team(s) will be selected through an open, competitive, and transparent juried selection process consisting of two stages: 1) Threshold Review and 2) Competitive Review. Threshold Review HPD will review each Submission according to the threshold requirements (“Threshold Requirements”), which are listed below. The Submission must contain each Tab with all requested Forms and supporting documents. Submissions that are not complete or do not conform to the requirements of this Request will be eliminated from further consideration, unless HPD permits the Respondent to correct the omission or provide further information through an RFI.

Threshold Requirements Completeness of Submission and Conformance with Requirements Development Team Experience and Capacity

• No Adverse Findings • Comparable Development Experience • Comparable Management Experience (if applicable) • Development Team • Development Schedule / Phasing Plan / Marketing and Sales Plan

Financing and Affordability • Feasibility of Submission • Ability to Finance

Development Program and Workforce Development • Development Program • Workforce Development

Design and Performance • Zoning Strategy and Code Compliance

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V. Selection Process Resilient Infill Homeownership RFP

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Competitive Review Submissions that meet all Threshold Requirements will be comprehensively evaluated, and rated according to the competitive selection criteria (“Competitive Criteria”) below. These criteria include both requirements and preferences. For example, a Proposal will be scored on how strongly it meets the Submission requirements, but may also receive extra points for meeting preferences. Respondents may refer to Section VI. Submission Requirements and Competitive Preferences and Section VII. Submission Content and Completeness, for specific guidance.

Competitive Criteria Weight Development Team Experience and Capacity 20%

55% Financing and Affordability 35% Development Program and Workforce Development 10%

45% Design and Performance 35%

HPD may request additional information, interviews, presentations, or site visits. The selected Respondents will be chosen from among the highest rated Submissions. HPD may disapprove the inclusion of any member of a Respondent’s Development Team and/or require the selected Respondent to substitute other individuals or firms. C. SELECTION

Selection of one or more Developers under this Request means only that HPD will commence negotiations with such Respondents regarding the Submission for the Sites. Negotiation Letter Upon such selection, HPD will send written notification (“Negotiation Letter” or “Letter”) to the Developer(s) regarding the commencement of negotiations. This Negotiation Letter will set forth certain information regarding the Project and procedures that will form the basis for such negotiation. Form A-2 is a Respondent’s Letter that describes this process. Each Submission must include this letter signed on behalf of the Respondent by a Principal. HPD may terminate negotiations with or without cause after the issuance of such Negotiation Letter. Disclosure Each Developer who receives a Negotiation Letter from HPD must thereafter disclose all previous participation with City-assisted projects. Such Developer(s) and each of its Principals, and officers and related entities will be required to submit completed Disclosure Statements. HPD will provide copies of these forms upon request to any Respondent. No Obligation This Request does not represent any obligation or agreement whatsoever on the part of HPD. Any obligation or agreement on the part of HPD may only be incurred after HPD and the Developer enter into a written agreement approved as to form by the Corporation Counsel. HPD may use the Submissions pursuant to this Request as a basis for negotiation with Respondents as it deems appropriate. HPD may reject at any time any or all Submissions, amend or withdraw this Request in whole or in part, negotiate with one or more Respondents, and/or negotiate and dispose of the Site(s) on terms other than those set forth herein (including to parties other than those responding to this Request). HPD may also, at any time, waive compliance with, or change any of the terms and conditions of this Request, entertain modifications or additions to selected Submissions, or withdraw or add property from or to this Request.

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VI. SUBMISSION REQUIREMENTS AND COMPETITIVE PREFERENCES

Submissions will be evaluated and scored based on a) responsiveness to all threshold requirements, b) the competitive quality, soundness, and strength of project characteristics that address all the requirements, including threshold, and c) whether the Submission exceeds requirements by demonstrating a capacity to deliver on stated preferences that achieve broader public policy and workforce development objectives.

A. DEVELOPMENT TEAM EXPERIENCE AND CAPACITY Threshold Requirements TAB

No Adverse Findings

Submission may be rejected at any time during or after the evaluation process if there are any adverse findings in HPD’s sole discretion, regarding the Respondent, any entity or individual associated with the Respondent, or any property owned and/or managed by them. (HPD may ask for an RFI).

D

Comparable Development Experience

At least one Principal must have, as Principal, successfully completed new construction or substantial rehabilitation of at least five (5) 1-2 family residential development projects within the past seven (7) years.

E

Comparable Management Experience

Only applicable for CLT Respondents: At least one Principal (of Respondent, or the Respondent's Property Manager) must have experience managing at least twenty (20) 1-2 family homes in New York City within the past seven (7) years. The Principal must have been the owner and manager, or the owner acting through a management entity, to fulfill this qualification.

E

Development Team

Only Developers with at least five (5) years of residential development experience and with demonstrated financial capability are encouraged to apply to this RFP. The Development Team must submit an Affirmative Capacity Statement attesting to their ability to undertake this Project within the timeframes delineated. At a minimum, the Development Team responding to this Request must include: architect and engineer; construction manager; real estate and land-use attorney, environmental planner and engineer.

D, E

Development Schedule/ Phasing Plan

A detailed schedule with construction commencing within 12-18 months from the issuance of the Negotiation Letter, and other Project-specific key benchmarks. A phasing plan, if applicable.

F

Marketing and Sales Plan

Submissions must include a marketing strategy that will ensure successful development and sales to qualified households. The marketing strategy must comply with the HPD Marketing Guidelines. All marketing plans are subject to HPD approval. The Development Team must also submit a plan or sample for handling homeowner complaints during the warranty period.

F

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Competitive Criteria TAB Developer Successful Experience

• Developing 1-2 family residential projects using public and private financing sources.

• Developing scatter-site residential projects. • Prior experience in flood-resistant construction. • Prior experience working with HPD on development projects. Strong Capacity • Current capacity to undertake, effectively project manage, and complete

all necessary activities and obligations associated with the proposed Project within the proposed schedule.

• Capacity will be determined by analysis of Respondent’s current public and private development workload, other pending development obligations and financial guarantees.

• Strength of organizational, project management and governance structure for the Project.

E

Development Team

Design • Experience designing and providing construction oversight on 1-2 family

residential projects that were successfully completed within budget and on schedule.

• Experience in flood-resilient design and development. Planning and Zoning • Experience in NYC zoning and BSA approval processes, if applicable,

on comparable development projects. Environmental • Experience in environmental engineering; and experience in flood-

resilient and/or sustainable design and development. • Experience in environmental review processes in New York City. Construction Management • Experience in construction and construction management of scatter-site

1-2 family residential projects that were successfully completed within budget and on schedule.

• Experience complying with labor and safety requirements for similar projects in New York City.

Marketing, Leasing/Sales • Experience developing and implementing affirmative fair housing

marketing plans. • Experience in leasing and/or sales with a comparable development

program and market. Legal • Experience in affordable housing development and public/private

development. • Experience in NYC land use and zoning. • Experience in NYC Building Code Appendix G: Flood-Resistant

Construction.

E

Marketing and The Proposal will be evaluated upon how well the Respondent’s marketing F

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Sales strategy ensures successful development and sale.

B. FINANCING AND AFFORDABILITY

Threshold Requirements TAB Affordability 100% of the homeownership units must have sale prices affordable to

households earning no more than 120% AMI. Rental units must be affordable to households at AMIs equivalent to or less than the AMI of the homeowner. The homes must remain affordable for the defined regulatory period. Following Project completion and issuance of a Certificate of Occupancy by DOB, homes will be sold by the Developers to qualified homebuyers. Under HPD’s Open Door Program, sales price of the homes will be calculated to cap housing costs at 33% of annual income taking into consideration monthly maintenance costs, taxes, and projected mortgage payments (assuming a 30 year mortgage term with a 5% down payment and a fixed interest rate calibrated to current rates).

G

Feasibility of Submission

The proposed Project must be in compliance with the most current version of the HPD Open Door Term Sheet at time of submission. Market comparables must be provided for residential home sales for each Cluster, including the cost of flood insurance for each dwelling unit. Developer’s Fee: The total Developer’s fee may not exceed 10% of the total development costs (excluding the Developer’s fee, reserves, soft cost contingency and acquisition costs). PRI, operating under HPD’s Open Door Program Term Sheet, may require a reduction in the paid Developer’s fee in order to reduce public subsidy. Consultant fees, including development consultants and owner’s representatives, should be paid from the Developer’s fee. The Developer’s fee must be fully deferred at construction loan closing, until sales. At least 10% of the Developer’s fee must be deferred until submission of proof, satisfactory to HPD, that all eligible purchaser enforcement mortgages have been recorded against their units or the coop board in the Office of the City Clerk. Proof of recording may be evidenced by a Department of Finance receipt and a printout of a screenshot of ACRIS.

G

Ability to Finance

Asset statements must demonstrate capacity to secure pre-development, construction financing, for the proposed Project.

H

Competitive Criteria TAB Financing Proposal

Submissions shall include Financial Scenarios that support the Project included in this Submission, with the sources and uses that achieve housing affordability at the proposed levels. The Financial Scenarios shall be in accordance with current industry underwriting standards. Proposed total development costs and operating budgets must be within current industry parameters.

G

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Financial Scenarios will be evaluated based on the feasibility of the underwriting, including, but not limited to, the reasonableness of estimated development costs and sales prices, the feasibility and terms of the financing sources, and the ability to support debt service to complete the proposed Project. Financial Scenarios will also be evaluated based on the ability to maximize affordability levels and term period, how well the range of affordability levels meet the economic needs of households in the community and the city as a whole, and whether they achieve fair housing objectives by promoting community stabilization and diversity.

Sale Prices and Market Comparables

Sale prices for residential sales and rents for rental units, if applicable, must be deemed realistic and substantiated by market comparables, including the cost of property and flood insurance for each dwelling unit.

F, G

Financing Capacity

Financing capacity will be evaluated based on the strength of the Respondent’s assets, bank, investor, or other lender references, and current and historical commitments that demonstrate the Respondent’s ability to secure financing, meet lender’s equity and other lending requirements, provide necessary guarantees, absorb cost overruns, and commence and complete construction of the proposed Project according to the proposed Development Schedule.

G, H, I

C. DEVELOPMENT PROGRAM AND WORKFORCE DEVELOPMENT Threshold Requirements TAB Development Program

Affordability. 100% of the homeownership units must have sale prices affordable to households and renters (if applicable) earning no more than 120% AMI (see HUD Guidance on Affirmatively Further Fair Housing).

J

Unit Types and Sizes. Submissions must include a strategy for addressing zoning requirements. Submissions must comply with the HPD Open Door Term Sheet and guidelines.

J

Term of Restriction. Submissions must ensure that the affordable units remain affordable for the term of the UDAAP or Article XI tax exemption, whichever is applied.

J

Workforce Development

Local Hiring/M/WBE. Submission includes a Hiring and Procurement plan for complying with HireNYC – a workforce development program which connects the City’s real estate development projects to the City’s workforce development services – as well as HPD’s M/WBE Build Up Program and the Sandy Hiring Plan (See Appendix F).

K

Competitive Criteria TAB Residential The proposed residential development program will be evaluated within the

demographic context of the neighborhood and its ability to further fair housing goals that facilitate integrated living patterns, promote fair housing choice and affordability, and foster inclusive communities that are free from discrimination. The development program will also be evaluated for its strength in incorporating the design principles described in Appendix C.

J

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Workforce Development

Hiring and Procurement. Submissions must have a Hiring and Procurement Plan which includes strategies for local hiring and meeting the requirements of HireNYC, HPD’s M/WBE Build Up Program, and the Sandy Hiring Plan. Proposals must include a plan for outreach to residents of the Community District within which the development Project is located related to employment opportunities generated by the proposed Project including training programs, job placement activities, Respondents’ own staffing practices, and/or Respondents’ contracting practices on the proposed Project. Proposals will be evaluated on the quality of this Hiring and Procurement Plan.

K

Preferences TAB Minorities and Women in Development

Submissions that significantly exceed the requirements of the M/WBE Build-Up Program, and/or Respondents with certified M/WBEs as part of the Development Team.

K

Sandy Hiring Submissions that significantly exceed the requirements of the Sandy Hiring Plan, and/or Respondents with Sandy-affected businesses or individuals as part of the Development Team.

K

D. DESIGN AND PERFORMANCE

Threshold Requirements TAB Zoning and Building Code Compliance

Zoning: Submissions must include a strategy for addressing zoning requirements.

L, M

Building Code. The Projects must conform and comply with all building code requirements and Enterprise Green Communities Standards. Drawings should indicate compliance with Appendix G: Flood-Resistant Construction and features that are scored in the Enterprise Green Communities Standards.

M

Plans: Architectural Drawings designed by a registered architect or engineer and meeting all submission requirements. Drawings must be submitted for two pre-determined Sites per Cluster, which are listed in Section VII. Submission Content and Completeness under Tab M.

M

Competitive Criteria TAB Building Design

Designs will be evaluated based on the following factors described further in the Resilient Homeownership Design Guidelines (Appendix C). • Site Capacity and Program Evaluation: how well the Submission

integrates the design principles to enhance coastal context, improve sense of place, maintain an active streetscape, and encourage resilient and sustainable development.

• Building Design:

L, M

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o Building Envelope/Exterior: how well the Submission contributes to the built environment and serves to activate the streetscape.

o Building Plans/Interior: how well the Submission serves the resident experience.

o Building Systems: how well the system provides environmental comfort, ease of management and operations, and high level of durability.

• Design and Construction: building design is consistent with the Submission’s proposed construction budget, schedule, and development program.

• Design Value: exemplary design and construction methods that reduce or contain costs, create high-quality site and building designs, use high-quality materials, and achieve high development performance standards.

• Resilience and Sustainability: how well the Submission exemplifies best practices in flood-resilient, energy efficient, and sustainable design.

Site Planning and Design

Designs, site planning, massings, building configuration, streetscape treatment, and relationship to surroundings will be evaluated based on the Project’s contribution to the neighborhood.

L, M

Preferences TAB Excellence in Sustainability

Submissions that exceed minimum Development Design and Performance Requirements in one or more of the following categories, in furtherance of City policy goals to reduce water and energy consumption, manage storm water and heat island impacts, increase safety, strengthen neighborhood residential and commercial corridors, and increase community health, accessibility, and well-being of residents. Submissions seeking competitive preferences are advised to consult: NYC Department of Design and Construction Resources.

L, M

Design Excellence

Designs that propose exceptional elements or amenities, especially responses that include architectural/urban context.

L, M

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VII. SUBMISSION CONTENT AND COMPLETENESS ______________________________________________________________________ Each Respondent must submit the forms and supporting documentation described below. Respondents must submit all the forms and documentation separately for each Cluster. Each copy of the Submission must be tabbed as indicated below, with tabs running down the right-hand side of the binder. Submissions that are incomplete or not in conformance with the requirements of this Request will be eliminated from further consideration. Development Introduction

TAB A – Completeness Checklist and Respondent’s Letter Form A-1. Completeness Checklist. Form A-2. Respondent’s Letter. Must be printed on Respondent’s letterhead and signed by

an authorized representative.

TAB B – Project Narrative / Project Summary (per Cluster) The Project Narrative and Project Summary must be concise and introduce all aspects of the Submission. Project Narrative. The narrative must introduce and provide an overview of the Submission,

including the elements that distinguish the proposed Project, the qualifications of the Respondent and the Development Team, as well as how the proposed Project achieves the stated development objectives.

Form B. Project Summary. The summary must provide a synopsis of the Submission’s major elements, including the development program, financing program, and architecture and site design. (Submit in both hard copy and on flash drive in Excel format).

Tab C – Trade Secrets (optional) Trade Secrets Letter. Submissions and other materials submitted to HPD in response to this

Request may be disclosed in accordance with the standards specified in the Freedom of Information Law, Article 6 of the Public Officers Law (FOIL). The entity submitting a Submission may provide in writing, at the time of submission, a detailed description of the specific information contained in its Submission which it has determined is a trade secret and which, if disclosed, would substantially harm such entity’s competitive position. This characterization shall not be determinative, but will be considered by HPD when evaluating the applicability of any exemptions in response to a FOIL request.

Development Team Experience and Capacity

TAB D – Developer Respondent Description Form D-1. Development Team Information. Must be signed by Principal (if joint venture,

Principal of each entity must sign). Form D-2. Not-for-Profit Organization Form. Non-profit corporation team members only. Organizational Structure. Chart or diagram of structure of partnership or joint venture,

including percentages of ownership and investment, with a brief description of the type of entity or joint-venture and the roles and responsibilities of each party.

Organizational Narrative. Brief narrative describing the roles of each entity of the Development Team during construction and throughout the life of the Project. Any Submissions from a CLT must provide an organizational model that meets the requirements of the RFP.

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Optional: Project Staffing and Governance Plan, with a brief narrative of any project management

methods or tools that will be used to ensure an effective and collaborative public/private partnership.

Organizational charts, schedules, and Project budgets demonstrating project management approach and capacity to manage complex development projects within a public/private partnership.

TAB E – Development Team Experience and Capacity Form E-1. Residential Development Experience and Current Workload. (Submit in both hard

copy and on flash drive in Excel format). Form E-2. Residential Management Experience and Current Workload. CLTs Only. (Submit

in both hard copy and on flash drive in Excel format). Form E-3. Residential Management Questionnaire. CLTs Only. (Submit in both hard copy

and on flash drive in Excel format). o A separate form must be provided for each Principal with residential management

experience. Provide complete and accurate information about references. o A separate form must be provided for a Principal or managing agent proposed to

manage the Development. Development Experience Narrative. Brief narrative describing:

o Experience that makes the Development Team uniquely suited to overcoming the challenges posed by the Site

o Experience developing and managing scatter-site, 1-2 family residential projects o Experience marketing 1-2 family residential projects to prospective buyers o Experience with flood-resistant construction

Reference Letters. Respondents must include at least two references in their submission from professional sources excluding the proposed Development Team. References must be written and signed on letterhead and include information on the nature and quality of work completed with the Developer. Other Members of Development Team

Submit marketing materials, narrative statements, and/or portfolio list in graphic format that clearly describes relevant experience and work on similar projects completed within the last ten (10) years. Also, provide resumes highlighting experience of key Principals and staff that will be working on the proposed Project.

o Architect and Engineer, other members of the Design Team, if applicable (e.g. artist, landscape architect, urban designer, etc.)

o Construction Manager o Real Estate Attorney and Land-Use Attorney o Environmental Planner and Environmental Engineer, if applicable o Marketing and Leasing/Sales Agent, if known

Affirmative Capacity Statement. Statement regarding the Development Team’s ability to

develop, finance, construct, manage, and complete the Project within the proposed Schedule, including, but not limited to, the Developer Obligations, as well as the Terms, Conditions, and Limitations and Conflicts of Interest, included in this Request.

TAB F – Development Schedule / Phasing Plan / Marketing and Sales Plan (per Cluster) Development Schedule and Phasing Plan. Schedule and plan for industry standard activities,

including, at a minimum: o Concept, Schematic, Design Development, Bidding and Construction documents o Governmental planning approvals and construction/building permits o Site due diligence and preparation o Bidding

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o Financing and financial closing/Site disposition o Construction commencement, completion, and close-out o Marketing and lease-up o Occupancy o Development Phasing Plan, if applicable

Schedules are to assume the following key benchmarks:

o Predevelopment commencement within 30 days of the date of HPD issuance of the Negotiation Letter.

o Schematic Design phase and HPD approval of plans and drawings within 6 months of the Negotiation Letter.

o For applicable Sites: Any applicable Board of Standards and Appeals (BSA) approvals within 10 months of the Negotiation Letter.

o Construction commencement within 12-18 months from the date of the Negotiation Letter.

Marketing and Sales Plan. Narrative that describes a proposed marketing strategy that

complies with HPD Marketing Guidelines and details all elements that will be used to ensure the successful development and sale of the units. The narrative should describe the extent to which, if any, the Project employs public relations, community outreach, and marketing efforts above and beyond those required by the HPD Marketing Guidelines to ensure the successful development and sale of the units.

Financing and Affordability TAB G – Financing Submission (per Cluster)

Form G. Financing Proposal. (Submit in both hard copy and on flash drive in Excel format). If elements of the Project are separately financed, the Submission must provide separate financial scenarios for each portion. If Project elements are financially inter-related, a comprehensive Financing Scenario showing the financing for the whole Project, with each element delineated, may also be submitted.

Financing Narrative. The Financial Scenario must clearly explain the financing structure of

the Project under the HPD Open Door program. If the financing scenario proposes competitive financing sources, the financing narrative should explain the feasibility of obtaining the proposed sources and/or describe the respondents’ history of successfully applying for the proposed sources.

Sales and AMIs. All Submissions must reflect the sales price affordability calculations

(based on AMIs), and utility allowances described in the Form. In addition to the affordability requirements described throughout this Submission, any subsidy programs that are utilized will determine any additional affordability requirements, as applicable.

Project Budgets. Provide Hard Cost calculations (including, but not limited to estimated construction costs, overhead, profit, insurance, contingency) with cost/sf estimates for both gross and net square footage. Please identify the entity that provided hard cost estimations and provide qualifications of this entity, if not already included in other parts of this Proposal. Provide Soft Cost calculations, including assumptions for all fees for professional services, financing, and other industry standard and HPD allowable costs. Provide a percentage of Total Development Cost (TDC) for each line item.

Tax Exemption Programs. Submissions must indicate utilization of the UDAAP or Article XI tax exemption programs.

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Regulatory Term. The homes must remain affordable for the defined regulatory period. Submissions must explain any future financial and other resources needed from the City to extend affordability and indicate how the Submission budgets for future capital needs.

Costs. Site-specific costs, such as the cost of a BSA approval, must be identified in the Project budget of Form G and assumptions must be explained in the Financing Narrative.

TAB H – Financing Letters of Interest and Historical Financing Letters of Interest/Award Letters Financing Letters of Interest.

• Private Financing of Construction Loan. If private financing is proposed, a letter, or letters of interest, from a private lender or lenders must be included. Letters must be dated no earlier than two (2) months from the date of submission of the Developer’s Proposal. Respondents may use different private lenders for construction and permanent financing. The letters must be provided on the lender's letterhead, signed by a representative of the lender, and must state the amount and terms of the financing. The letter(s) must indicate a willingness to provide construction and permanent financing in amounts and with terms consistent with the Proposal, and must include the following:

o The amount of financing that the lender would consider based on the lender’s preliminary determination of feasibility, based on expected development costs, operating income/expenses, and associated residential rent levels, if applicable; and

o The interest rate (fixed or variable), the equity requirement, applicable fees, and other terms under which the lender would provide construction financing.

Historical Financing Letters of Interest/Award Letters. For similar projects financed within the

past seven (7) years, if applicable. • Competitive Sources. Any Proposal that includes funding or financing that is awarded

on a separate competitive basis must submit historical letters of interest or award letters for similar projects financed within the past seven (7) years, if applicable.

TAB I – Assets Statement and Financial References Form I. Assets Statement. Each Principal of the Respondent must submit audited or reviewed

financial statements detailing the Principal’s financial status in the two most recent years preceding the Submission Due Date for this Request. Publicly-owned companies must submit the latest annual report and Form 10K, as well as any Form 10Q submitted after such Form 10K. As an alternative, the Assets Statement in Form I may be used. Provide sufficient information necessary to evaluate the Respondent’s current financial commitments and track record to meet the financial obligations of the proposed Project.

Financial References. Provide references only of banks, investors, or other lenders that have financed previous and similar development projects.

Development Program and Workforce Development

TAB J – Development Program (per Cluster) Development Program. Narrative describing the homeownership development program. This

narrative should discuss how the development program considers the goals and priorities of supporting resilient and sustainable homeownership development.

TAB K – Workforce Development (per Cluster) Workforce Development Narrative. Narrative describing a comprehensive approach to the

various components of the workforce development program, including;

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• Community Engagement Plan that provides meaningful opportunities for community outreach, input, feedback, or participation in certain elements (design and programming) of the Project after Developer selection.

• Hiring and Procurement Plan. Plan for achieving (or summary of having achieved) compliance with the following required City and HPD programs:

o HireNYC o M/WBE Build-Up Program, a component of HPD’s Building Opportunity

Initiative o Sandy Hiring Plan, a local hiring plan for Sandy-affected areas

Design and Performance

TAB L – Design Narrative (per Cluster) Design Narrative. Narrative that provides a clear and comprehensive description of the

preliminary design and succinctly articulates the design approach to achieving the Project vision and goals. Narrative must cite all elements submitted in Tab M: Architectural Drawings, as described below:

o Area Plan and Photos. How the design concept was informed by neighborhood physical, cultural, historical and/or socio-economic characteristics, as well as the Site conditions.

o Zoning Analysis and Building Code. How the proposed Project complies with, or requires a variance from, applicable zoning, building code, and other legal requirements, as well as any known environmental concerns and how the Respondent intends to address them.

o Site Capacity and Program Evaluation. How the planning and design approach address the existing neighborhood fabric, and the capacity (opportunities and challenges) of the Site to incorporate the various components of the design guidelines. Narratives must include rationale for developments greater than two units.

o Site Plan and Design. How the Site plan and design approach enhances coastal context by employing architectural features and colors that recall appealing oceanfront environments; improves sense of place by integrating cohesive architectural details and materials throughout the building exterior; maintains an active streetscape by incorporating porches wherever feasible; and encourages resilient and sustainable development by including weather-resistant materials, elevated utilities, and energy efficiency features.

o Building Design. Highlight major and/or unique design approaches to the building envelope and façade, floor plans and unit layouts, building systems, construction type, and sustainable development. Describe how to adapt and augment the design for other Sites in the Cluster.

o Design and Construction. Identify proposed construction type and any cost containment concepts to achieve quality design within proposed budget and schedule parameters, and consistent with the development program.

o Design Excellence. Narrative describes other design features proposed for the Project, such as Active Design and Universal Design, to be incorporated Project.

TAB M – Architectural Drawings (per Cluster) Submission completeness requirements are as follows: Plans and Drawings • Plans and drawings are to be submitted for the two Sites in each Cluster listed below

(generally a narrow Site and a large Site). Respondents do not need to submit drawings for every Project Site. If a Respondent submit Proposals for multiple Clusters, drawings should be submitted for the required Sites in each Cluster:

o Cluster A • 176 Kiswick Street and 181-187 Moreland Street

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o Cluster B • 39 Seafoam Street and 477-479 Mill Road

o Cluster C • 230 Beach 109 Street and 239 Beach 86 Street

o Cluster D • 124 Oxford Street and 25 Abbey Court

o Plans and drawings are to be at a concept design level typically included as part of

the preliminary Schematic Design phase for architectural services. o Preliminary plans and drawings must provide a clear understanding and

comprehensive illustration of the design approach. o All plans must be prepared by a Registered Architect or Professional Engineer. o All plans must be dimensioned and with a north arrow. o Elevation Drawings, Section Drawings, and Floor Plans must be dimensioned at the

same scale. o All plans and drawings must include the name of the Project, Respondent, Architect

and/or Engineer, and date. o All materials must be on paper size of 11” by 17”, or smaller, and must be easily

reproducible. Photos Photos. Images of the Site and the Site’s relation to surrounding buildings, streets, sidewalks,

and open spaces, at least 3” x 5” in size. The photos must be clear enough to be reproducible. Submissions must include photos of other neighborhood and community characteristics and conditions that informed the designs.

Zoning Analysis and Building Code Zoning Analysis. Zoning map for the Site, and a detailed zoning computation with an analysis

to demonstrate compliance with, and/or variance from, the assumed zoning. The analysis must cite pertinent sections of the New York City Zoning Resolution and relevant regulations, including, but not limited to, the New York City Building Code and Appendix G, the New York City Housing Maintenance Code, the New York State Multiple Dwelling Law, the Fair Housing Act, Section 504 of the Rehabilitation Act of 1973, and NYSDEC freshwater and/or tidal wetlands permits under Articles 24 and 25 of the Environmental Conservation Law (“ECL”). The analysis must include, at a minimum, the assumed zoning and uses; and the proposed and allowable/required (1) unit density; (2) FAR and ZFA (total and by use); (3) lot coverage; (4) height and setbacks; (5) streetwall requirements; (6) yard requirements; and (7) vehicle parking, etc.

Site and Building Zoning Study. Site plan detailing adjacent street widths, setbacks, encroachments, easements, lot size, tax lot and zoning lot boundaries, design flood elevation, and other relevant zoning and Site conditions and features.

Building Design Design Elements. Schematics should clearly show all program-specific required design

elements as well as all exceptional design elements. Typical Floor Plans. Typical first- and second-floor plans that provide residential unit uses

and separation of spaces, circulation and entrance/exit, key dimensions and square footage, access to light and air, and unique features and amenities.

Elevation Drawings. Elevations clearly indicating proposed fenestration and materials, ceiling heights, floor elevations, total building height; FEMA Preliminary BFE and DFE; location of utilities above DFE; and use of flood-resistant materials below DFE.

Typical Building Section Drawings. Typical building section indicating building to grade relationship and floor-to-floor and floor-to-ceiling height; and, key wall, floor, and roof section indicating envelope materials, fenestration, and approach to resilient and sustainable development.

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VIII. DEVELOPER OBLIGATIONS

A. Development Team and Project Management The Developer will be responsible for assembling a Development Team with the necessary expertise, experience, and capacity to develop and manage the proposed Project, such as expertise in affordable housing development and finance, marketing and property management (residential and commercial, if applicable), design and construction, and workforce development.

The Developer is responsible for a professional and disciplined project management approach to the public/private partnership in connection with this Submission with the objective of ensuring transparent information, project governance, smooth negotiations and communications, as well as risk management and quality control.

The Developer is responsible for arranging timely commencement and completion of the Project, and will be held accountable for the schedules outlined in the Submission and agreed upon with HPD. The Developer will be required to submit ongoing status reports regarding Project development, financing, budget, schedule, marketing, leasing, and management. The Development Team is responsible for activities typically associated with development, including, but not limited to, the design, finance, construction, marketing and leasing (and/or selling), and management of the completed residential units and commercial spaces, if applicable.

B. Community Outreach

The Developer will lead all community outreach activities and participate in required public forums, hearings, and briefings with the Community Board, elected officials, City agencies, and other organizations, as needed for Board of Standards and Appeals applications and as determined necessary by HPD, and will provide the necessary documentation and presentations for said meetings and forums.

C. Design and Construction The Developer is responsible for obtaining all necessary governmental permits for the construction of the Project. The Developer must submit to HPD a full set of Schematic Design documents that include any modifications to the original concept/preliminary drawings and plans included in this Submission, as agreed upon by HPD and the selected Respondent, for HPD review and approval, within three (3) months of selection. Prior to disposition, the Developer must submit a complete set of Design Development documents and specifications to HPD for review and approval. The Developer is responsible for submitting final Construction Documents to HPD, which must conform to previous review comments and approvals made by HPD. The Developer will be expected to start construction on the date specified in its Development Schedule, which must be within 12-18 months of HPD’s issuance of a Negotiation Letter to the Developer. The Developer will be required to work with HPD, DOB, BSA, DOT, FDNY, NYSDEC, and any other agencies to obtain all required approvals.

At a minimum, the Developer is responsible for meeting the most current applicable design and construction regulations and guidelines listed below:

• HPD Building and Site Performance Guidelines: Enterprise Green Communities Criteria

Certification Overlay for NYC HPD Projects

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Submissions must comply with all current regulations, codes, and ordinances, including, but not limited to: • Zoning Resolution • New York City Construction Codes • Fair Housing Act • Section 504 of the Rehabilitation Act of 1973 and Accessibility Requirements (applies even if

Project does not receive federal funds, and includes architectural, as well as marketing standards)

• Americans with Disabilities Act (as applicable) D. Environmental Review

Developers selected through this RFP must comply with all applicable environmental regulations and will be responsible for preparing any and all environmental assessments and obtaining any and all environmental approvals necessary for the Project’s completion pursuant to CEQR.

E. Land Use, Zoning and Approvals The Project will require City Council and Mayoral approvals under UDAAP. The Developer may be required to alter the designs or program before and during the UDAAP process to comply with any request for modifications. The Developer is responsible for any applicable BSA public hearings for special permits. HDFC’s utilizing the Article XI tax exemption will also require City Council approval for the tax exemption.

F. Financing

Construction and Permanent Loans Developer(s) selected through the RFP must obtain financing sufficient to cover the cost of the Project, including payment of all predevelopment cost(s), securing necessary construction and permanent financing, providing guarantees if required, and meeting any other terms and conditions as required by HPD, PRI, and lenders and/or investors.

Real Property Taxes and Exemptions The Developer is responsible for applying to, and meeting the requirements of, specific tax benefit program(s). HPD makes no representations or warranties as to the continued availability of these benefits or as to the Project’s eligibility to receive these benefits. The Site(s) will be subject to New York City real property taxes and charges. However, the tax exemptions described below may be available for eligible projects. Specific benefits may vary depending on characteristics of the Project. For details of each program, the Developer is responsible for researching the relevant statute and rules.

• The Urban Development Action Area Project (“UDAAP”) tax exemption is subject to approval by the City Council. The City Council may grant an exemption from the New York City real property taxes on the buildings/improvements for up to twenty (20) years. If the Council grants the full 20-year exemption, the improvements on the Site(s) would be fully exempt from the New York City real property taxes on the buildings/improvements for the first ten (10) years with a gradual phase-in of full taxes over the remaining ten (10) years (10% per year). The full amount of the New York City real property taxes on the land must be paid each year. Other governmental approvals are required before the City is able to use the UDAAP.

• The Article XI tax exemption provides a complete or partial tax exemption from New York City

real property taxes for up to 40 years for an affordable housing project carried out by a

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Housing Development Fund Company (HDFC). An HDFC is a corporation formed under Article XI of the Private Housing Finance Law to develop and operate low-income housing. The formation of each HDFC which is a sponsor of an HPD project is individually approved by HPD.

Transfer Taxes and Disposition Price The Developer is responsible for paying all transfer taxes associated with the conveyance of the Site(s) to the Developer, including all transfer and recording taxes associated with financing of the construction and the Project, generally. The Developer will pay, upon conveyance, a nominal disposition price, anticipated to be $1.00 per lot at HPD’s sole discretion, and will deliver an enforcement note and mortgage for the difference between the purchase price and the appraised value of the Site, which may accrue interest at the AFR and may be payable at maturity.

HPD Term Sheets Developer Submissions must comply with all terms of any HPD subsidy program utilized. Please refer to the HPD Open Door Term Sheet. Incentive Programs The Developer is responsible for pursuing and securing any additional subsidies related to the Development Program that may be available.

G. Disposition and Disposition Price

The Developer will be responsible for executing and complying with all Site Disposition requirements. Disposition of the Site(s) to the Developer will be subject to the following:

• Receipt of all public approvals required for disposition of the Site(s) and development of the

proposed Project(s) on such Site(s), including without limitation, approval by the Mayor.

• Execution and delivery of the documents necessary to complete the disposition process within a time period specified by HPD. These documents include, but are not limited to, an LDA and deed. The terms of the disposition documents will include a timeframe to redevelopment completion, restrictions on the resale of the properties, and a requirement to maintain flood insurance in perpetuity.

• The Site(s) will be conveyed in accordance with the terms of the LDA to be entered into

between the Developer and HPD and will be conveyed in “as-is” condition, including without limitation, all environmental conditions and hazards. The LDA will contain covenants running with the land that require the Developer to develop the Site(s) in accordance with plans and specifications determined and approved by HPD.

• The simultaneous closing of a bona fide construction loan required to finance the full

development of the Site(s).

H. Construction The Developer is responsible for overseeing the design, bidding, and construction process generally described below: Bidding and Contracting. The Developer is responsible for managing all phases of the design process to ensure the implementation of integrated design strategies to achieve high performing buildings and sites. The Developer is responsible for ensuring competitive construction pricing and delivery to make

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certain that the building is deliverable according to the Project budget and schedule, which must be consistent with HPD Term Sheets.

The Developer is responsible for procuring and managing the construction of the Project, and ensuring smooth negotiations and contracting with any sub-contractors for the construction and operations of the completed Project. Completion and Close-out. The Developer is responsible for implementing all professional industry standard practices in construction monitoring, construction completion, compiling all warranties and guarantees, any applicable commissioning, and transferring the completed building to property management and maintenance personnel, and coordination with HPD marketing departments as units are completed and ready for leasing or sales.

I. Marketing and Sales

The Developer is solely responsible for marketing and sales of the residential units. In carrying out these functions, the Developer must comply with HPD Marketing Guidelines, which are designed to ensure that the availability of the units is disseminated as widely and fairly as possible. The Developer must ensure compliance with tenant/household preferences included in HPD marketing requirements. The sale of the units projected in the Submissions are to be determined by the Developer in accordance with HPD, as stated in applicable term sheets or otherwise. The marketing of the units will be monitored by HPD staff to ensure compliance with these requirements. The HPD-HDC Marketing Handbook will be incorporated by reference into the regulatory agreement that the Developer will execute.

The Developer is responsible for ensuring that all respondents, regardless of preference, must meet the income, employment, and other eligibility criteria set for each property for which it is applying.

J. Sales Price

The Developer is responsible for ensuring that initial sales prices will be established in accordance with the regulatory agreement consistent with any income requirements outlined in this Request and/or the subsequent Submission or other financing conditions and terms.

K. Property Management and Maintenance If a CLT is selected through this RFP, the CLT is responsible for providing professional property management services, and having all standard asset management systems in-place to qualify income levels pursuant to funding requirements, as well as to submit property management data and operating budgets to HPD.

The CLT is responsible for professional maintenance services, as well as supporting or facilitating resident programming and community rules that promote health, safety, and quality of life at the Project.

L. HireNYC

The Developer, General Contractor, and certain Subcontractors will be required to participate in HireNYC, a workforce development program which connects the City’s real estate development projects to the City’s workforce development services. Development partners will be required to enroll with Workforce1 through an on-line system hosted by the Department of Small Business Services, to share job openings in entry-and mid-level construction positions with Workforce 1, and to interview the qualified candidates that Workforce 1 refers for those openings. Respondents will be required to regularly report on their outreach activities per HireNYC Program requirements. For more information about HireNYC, see HPD and SBS websites.

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M. Minority and Women-Owned Business Enterprise (M/WBE) Build-Up Program

The Developer is responsible for complying with the M/WBE Build Up Program, which is a component of HPD’s Building Opportunity Initiative. Currently, the program requires Developers/borrowers to spend at least a quarter of HPD-supported costs on certified M/WBEs over the course of design and construction of an HPD-subsidized project. A minimum of 25% will be required for each project subject to the program. Developers may adopt a goal higher than the minimum.

N. Sandy Hiring Plan

Developer(s) selected through the RFP must submit a hiring plan consistent with such goals and with all relevant local, state, and federal law governing labor, hiring, and employment, including, but not limited to New York City’s Sandy Hiring Plan included in Appendix F. Key requirements include:

• Sharing all open job postings with the City; • Compliance with federal and local reporting requirements, including submission of monthly

workforce reports; • Making a good faith effort to achieve the encouraged 20% of Sandy-impacted employees; and • Compliance with the stipulations of the OuterBorough PLA and apprenticeship requirements.

O. Fair Housing Requirements

The Developer must comply with all applicable Federal, State, and local laws, orders, and regulations

prohibiting housing discrimination. P. Warranty Coverage

The Developer will be responsible for selling the residential units with a warranty that is the same as

the housing merchant implied warranty described in Section 777(a) of the New York State General Business Law. The warranty must be applied to all residential units, and may not be limited, modified, or excluded by the methods provided for in Section 777(b).

Q. Section 3 Clause

The Developer is responsible for complying with Section 3 of the Housing and Urban Development

Act of 1968 (12 U.S.C. 1701u) and the implementing regulations at 24 CFR part 135, if applicable, which includes, but not limited to, providing: (i) to the greatest extent feasible, opportunities for training and employment arising in connection with the planning and carrying out of the Project must be given to "Section 3 Residents" as such term is defined in 24 CFR 135.5; and (ii) to the greatest extent feasible, contracts for work to be performed in connection with any such Project must be awarded to "Section 3 Business Concerns" as such term is defined in 24 CFR part 135.5.

R. Davis-Bacon

The Developer must comply with Davis-Bacon and the Contract Work Hours and Safety Standards Acts, if applicable, which, currently includes Projects that contain twelve (12) or more units assisted with Federal HOME funds or Projects that contain nine (9) or more units funded with Project Based Vouchers. Developer(s) must meet HPD wage reporting requirements and provide access for construction monitors.

S. Equal Opportunity

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The Developer will be required, along with partners, or authorized representatives of the Developer, to attend a class administered by HPD outlining the requirements of Executive Order No. 50, and to submit Equal Opportunity forms provided by HPD verifying their compliance with the provisions of the Executive Order.

T. Mandatory Insurance Coverage

Developer(s) selected through the RFP shall maintain at all times commercially available property and liability insurance to protect the Project from financial loss and, to the extent insurance proceeds permit, promptly restore, reconstruct, and/or repair any damaged or destroyed property as required by HPD.

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IX. CONDITIONS, TERMS, AND LIMITATIONS

This Request is subject to the specific conditions, terms, and limitations stated below: All determinations of HPD regarding this Request are at the sole discretion of HPD.

Proposals submitted shall be deemed to incorporate all of the terms and conditions contained in the RFP. Respondents will be deemed to have consented to such terms by submitting a Proposal in response to this RFP.

The Cluster(s) is to be disposed of in its “as is” condition as vacant lots. The City and PRI, their officials, agents and employees make no representation whatsoever as to the physical condition of the Cluster(s) or its suitability for any specific use. All due diligence is the responsibility of the Respondents and Respondents are urged to satisfy themselves with respect to the condition of the Properties, the information contained herein, and all limitations or other arrangements affecting the Properties. The City will not be responsible for any injury or damage arising out of or occurring during any visit to the properties.

The Cluster(s) shall be subject to New York City real property taxes and charges. Tax benefits may be available under Article XI, UDAAP, or other tax exemption programs. HPD makes no representations as to the availability of tax benefits under these programs.

The proposed Project must conform to, and be subject to, the provisions of the Zoning Resolution, Building Code, NYSDEC wetland regulations, and all other applicable laws, regulations, and ordinances of all Federal, State, and City authorities having jurisdiction, as the same may be amended from time to time.

Valid permits and approvals, as required by City, State, and Federal agencies, must be obtained by the Developer prior to commencing work.

The commencement of negotiations with a Developer will depend on satisfaction of the additional documentation and review requirements described in this Request, and will be subject to review by PRI and HPD. The continuation of negotiations with Respondents may depend on provision of additional documentation requested during the review process..

The City will convey the Site(s) pursuant and subject to the provisions of the LDA. HPD will recommend to the Mayor the disposition price as stated. Where required, all documentation, including but not limited to the deed and LDA, must be in form and substance satisfactory to the Mayor and Corporation Counsel. The conveyance will be subject to satisfaction of the applicable provisions of the City Charter and Article 16 of the General Municipal Law.

No transaction will be consummated if any Principal of any selected Developer is in arrears, or in default upon any debt, lease, contract, or obligation to the City, including without limitation, real estate taxes and any other municipal liens or charges. The City may refuse to review any Submission by any such Respondent.

The Developer and any contractor it retains must pass a City background check before closing. Respondents submitting a Proposal in response to this RFP may be rejected at any time during or after the evaluation process if there are any adverse findings in HPD’s sole discretion, regarding the Respondent, any entity or individual associated with the Respondent, or any property owned and/or managed by them.

No commission for brokerage or any other fee or compensation will be due or payable by the City, and the Submission to this Request will constitute the Respondent’s undertaking to indemnify and hold the

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City harmless from and against any such claim for any such fee or compensation based upon, arising out of, or in connection with any action taken by the Respondent, the selection of the Respondent’s Submission and invitation to the Respondent to respond to this Request, the conditional designation of a Developer pursuant to this Request, or the sale of the Site(s).

The City is not obligated to pay, nor shall in fact pay, any costs or losses incurred by any Respondent at any time, including the cost of responding to the Request.

This Request and subsequent Submission do not represent any obligation or agreement whatsoever on the part of the City. Any obligation or agreement on the part of the City may only be incurred after the City executes a written agreement approved as to form by the Corporation Counsel. The City is under no legal obligation to convey the Site(s) through a competitive process. The City may use the Submissions pursuant to this Request as a basis for negotiation with Respondents as the City deems appropriate. HPD may reject at any time any or all Submissions, amend or withdraw this Request in whole or in part, negotiate with one or more Respondents, and/or negotiate and dispose of the Site(s) on terms other than those set forth herein (including to parties other than those responding to this Request). HPD may also, at any time, waive compliance with or change any of the terms and conditions of this Request, entertain modifications or additions to selected Submissions, or withdraw the Site(s) or portions of the Site(s) from or add individual parcels to this Request.

Selection of a Respondent’s Submission will not create any rights on the Respondent’s part, including, without limitation, rights of enforcement, equity or reimbursement, until after the approvals of the City Council, Mayor, and Corporation Counsel, and until the deed, LDA, and all related documents are fully executed and approved. After execution, the terms of the deed and LDA shall govern the relationship between the City and the Developer. In the event of any variance between the terms of this Request and the deed or the LDA, the terms of the deed and/or LDA will govern.

All determinations as to the completeness or compliance of any Submissions, or as to the eligibility or qualification of any Respondent, will be within the sole discretion of the City.

This Request and any agreement resulting there from are subject to all applicable laws, rules, and regulations promulgated by any Federal, State, or municipal authority having jurisdiction over the subject matter thereof, as the same may be amended from time to time.

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X. Conflicts of Interest Resilient Infill Homeownership RFP

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X. CONFLICTS OF INTEREST

Current and former employees of the City of New York may respond to this Request only in accordance with Chapter 68 of the New York City Charter governing ethics and conflicts of interest affecting City personnel. Section 2604(c)(7) of the City Charter contains specific prohibitions that exclude enumerated groups of employees from participating in the sales process. In addition, current HPD employees may not respond to this Request. Persons in the employ of the City considering a Submission are advised that opinions regarding the propriety of their purchase of City-owned property may be requested from the New York City Conflicts of Interest Board. This body is empowered, under Section 2602 of the City Charter, to issue advisory opinions on conflict of interest questions and other matters of ethical considerations. It is not necessary, however, that such an opinion be obtained prior to responding to this Request. Former employees of the City of New York are also advised that the City Charter imposes certain restrictions on post-employment and business relationships with the City. Such individuals are advised to consult the specific provisions on this issue contained in the City Charter.

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XI. Appendices Resilient Infill Homeownership RFP

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XI. APPENDICES

A. Maps

B. Neighborhood Demographics

C. Resilient Homeownership Design Guidelines

D. HPD Open Door Program Term Sheet

E. Sandy Recovery Hiring Plan

F. Submission Forms Forms are available for download on the HPD website in Word and Excel formats as part of this Submission. The lettering of Forms corresponds to the Submission Tabs. Please note that not all Tabs require a form.

Form A-1: Completeness Checklist Form A-2: Respondent’s Letter

Form B: Project Summary Form D-1: Development Team Information Form D-2: Not-for-Profit Organization Form (Non-profit corporation team members only) Form E-1: Residential Development Experience and Current Workload Form E-2: Residential Management Experience and Current Workload (CLTs only) Form E-3: Residential Management Questionnaire (CLTs only) Form G: Financing Proposal Form I: Assets Statement

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Appendix A: Maps Resilient Infill Homeownership RFP

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APPENDIX A: MAPS Appendix A includes detailed maps of land use, flood risk and wetlands, and transportation access for each neighborhood, organized by Cluster. These maps accompany the Site and Neighborhood Context portion of Section IV. Project Overview. The Appendix also includes parcel maps of each individual site with BBLs, site dimensions, easements, and street widening lines demarcated.

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Appendix B: Neighborhood Demographics Resilient Infill Homeownership RFP

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APPENDIX B: NEIGHBORHOOD DEMOGRAPHICS HPD is committed to furthering fair housing throughout New York City neighborhoods, which requires an understanding of the socioeconomic dynamics at the neighborhood level. The neighborhood profile information below highlights the demographic, economic, social, and housing characteristics of the neighborhood in which the Site is located. More detailed data can be found through the DOHMH and DCP websites. STATEN ISLAND CDs 2 & 3

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Appendix B: Neighborhood Demographics Resilient Infill Homeownership RFP

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Appendix B: Neighborhood Demographics Resilient Infill Homeownership RFP

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QUEENS CDs 10 & 14

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Appendix B: Neighborhood Demographics Resilient Infill Homeownership RFP

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Appendix B: Neighborhood Demographics Resilient Infill Homeownership RFP

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BROOKLYN 13 & 15

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Appendix B: Neighborhood Demographics Resilient Infill Homeownership RFP

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Appendix C: Resilient Homeownership Design Guidelines

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APPENDIX C: RESILIENT HOMEOWNERSHIP DESIGN GUIDELINES A. Design Guidelines The design principles detailed below should be considered when drafting Proposals, and incorporated when feasible. These principles are meant to define the overall approach to unit design for the Project Sites, but are not strict requirements.

• Enhance seaside context by employing architectural features and colors that recall appealing oceanfront environments.

• Proposals should consider use of historically evocative coastal architectural forms, materials, and features. Fenestration should be in keeping with a traditional coastal context.

• Roof lines must be pitched, and contextually appropriate architectural detail is encouraged (e.g. gables, eves, or dormers).

• Building elements, such as columns, porches, and stairs, should include materials and plantings that create visual interest and pedestrian-oriented buildings.

• Where possible, the creation of a two-family residence is encouraged. • Non-habitable space below Design Flood Elevation (DFE) should be designed in such a way that

does not encourage conversion to habitable space. • Encourage resilient and sustainable development by including weather-resistant materials,

elevated utilities, and energy efficiency features. • Improve sense of place by integrating cohesive architectural details and materials throughout the

building exterior. B. Required Design Elements The design elements detailed below are required to be incorporated into all Project Site Proposals.

• Porches and Balconies o Properties that are at least 90 feet deep are required to have a covered porch or balcony

on the front-facing side of the house at the lowest habitable level. o The width of required porches shall comply with requirements set forth in paragraph (a) of

ZR 64-61. The width of required balconies shall be at least 40% of the width of the street wall. The depth of such porch or balcony must be at least five feet, and the width of such balconies may exceed 50% of the width of the street wall in accordance with paragraph (a) of ZR 64-61. In addition, the depth of such balcony need not exceed the maximum allowable depth set forth in ZR 23-131.

• Utilities

o All utilities must be designed above the DFE.

• Building Materials o Building materials below the DFE must be fade, mold, and stain resistant.

• Off-Street Parking

o The creation of an off-street parking space is required, if permitted by zoning and subject to DOB approval, when DFE is greater than six feet above grade and lot width is larger than 20 feet.

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Appendix C: Resilient Homeownership Design Guidelines

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C. Competitive Design Elements The design elements detailed below are not required of all Sites, but should be considered for and incorporated when feasible.

• Materiality o The building exterior, including the exterior walls, roof, and fenestration, should be

weather-appropriate for seaside conditions. The use of weather-resistant siding is encouraged.

o Building materials below the DFE are strongly encouraged to harmonize with those used above DFE.

o Trellises, screens, lattices, or solid walls shall be used to obscure open areas below the lowest habitable floor from the street view, except to allow access for parking of vehicles, building access, wet storage or crawlspace uses. Solid walls shall be used on no more than two sides, except that this shall not preclude an area of 120 sf or less to be fully enclosed for wet storage or building access.

• Unit Design

o The interior of the homes should be constructed of high quality, attractive, sustainable, and durable materials that minimize maintenance costs.

o A layout designed to accommodate a wide range of household needs, including physical impairments, is encouraged.

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Appendix D: Sandy Recovery Hiring Plan Resilient Infill Homeownership RFP

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APPENDIX D: SANDY RECOVERY HIRING PLAN The Contractor is required to develop and implement a Sandy Recovery Hiring Plan for low-income and very low-income persons, Sandy-impacted residents, minorities, and women in accordance with the provisions set forth below. Requirements The following requirements are part of this Contract and will be passed on to all applicable Subcontractors and Subconsultants.

• Section 3 of the HUD Act of 1968, which requires, to the greatest extent feasible, economic opportunities for 30 percent of new hires be given to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.

• Executive Order 11246, which prohibits discrimination in employment due to race, color, religion,

sex or national origin, and requires the implementation of goals for minority and female participation for work involving any Construction trade.

• Contractor and subcontractors are encouraged to employ 20 percent Sandy- impacted residents.

• Contractor and all subcontractors agree to register all job opportunities arising from the work

under this Contract with Sandy Recovery Workforce1, managed by NYC Department of Small Business Services, and comply with the provisions set forth below.

This section does not limit Contractor's or its Subcontractors' ability to assess the qualifications of prospective workers, and to make final hiring and retention decisions. No provision of this section shall be interpreted so as to require a Contractor or Subcontractor to employ a worker not qualified for the position in question, or to employ any particular worker. Strategies and Methods The Sandy Recovery Hiring Plan shall demonstrate the proposer’s capability and plan for ensuring compliance with the hiring requirements. In an effort to provide pathways for hiring of persons impacted by Sandy, Contractors are encouraged to work with local community-based organizations, pre-apprenticeship and apprenticeship programs, and voluntary groups engaged in rebuilding efforts. The Contractor will work with Workforce1 and the City on specific outreach events including Sandy Recovery Opportunity and Resource Fairs and Hire on the Spot events, connecting Sandy-impacted residents with Sandy Recovery opportunities. The Sandy Recovery Hiring Plan should show plans to work with organizations to create a pathway and opportunities on these projects and a plan to show compliance with the hiring requirements. Specific Requirements A. SANDY IMPACTED RESIDENT HIRING COMMITMENT Contractor and subcontractors are encouraged to employ 20 percent Sandy-impacted. B. JOB POSTING REQUIREMENTS Contractor and all subcontractors agree to inform Sandy Recovery Workforce1, managed by NYC Department of Small Business Services, of all job opportunities arising from this Contract. The Contractor

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Appendix D: Sandy Recovery Hiring Plan Resilient Infill Homeownership RFP

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must inform Sandy Recovery Workforce1 of any hiring need, and the requirements of the jobs to be filled, no less than three weeks prior to the intended first day of employment for each new position, unless otherwise approved by the City. Sandy Recovery Workforce1 will work with Contractor to develop a recruitment plan which will outline clear instructions as to when, where, and how interviews will take place. Sandy Recovery Workforce1 will screen applicants based on employer requirements and refer applicants whom it believes are qualified to the Contractor for interviews. The Contractor must interview referred applicants whom it believes are reasonably qualified, and must provide feedback on all interviewed candidates within two business days and report new hires to Sandy Recovery Workforce1 once confirmed. Sandy-impacted residents will be given first priority to register for opportunities with the rebuilding effort on-line and at the Sandy Recovery Workforce1 and Build it Back centers. C. WORKFORCE RECORDKEEPING REQUIREMENTS The Contractor must provide adequate staff to track and report local hiring and to ensure implementation of the requirements of this Rider. The Contractor must comply with monthly reporting requirements set forth by HPD, which include, but are not limited to, data that HPD is required to report under Local Law 140 of the City of New York and Section 3 of the Housing and Urban Development Act of 1968, as well as data collection related to Executive Order 11246. The Contractor must provide HPD with a Monthly Report of such data by the fifteenth of every month for the prior month using the paper and/ or electronic reporting format provided by HPD, and must complete all applicable fields. In the situation that reporting particular information is impossible for the Contractor, the Contractor may apply for an exemption. Any application for an exemption must be made before the expiration of thirty (30) days after the commencement date of this Agreement, and shall be in the form specified by HPD. Exemption may be granted upon a showing that the operation of this Section will constitute a hardship, within the sole discretion of the Department. The content of this Monthly Report may change at any time as the City’s reporting needs change.