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PIER 1 HOTEL & RESIDENTIAL DEVELOPMENT REQUEST FOR PROPOSALS

RELEASE DATE: AUG. 4, 2011 SUBMISSION DATE: 3:00PM, OCT. 24, 2011 BROOKLYN BRIDGE PARK 334 FURMAN STREET BROOKLYN, NY 11201 (718) 222-9939 P (718) 222-9258 F BROOKLYNBRIDGEPARKNYC.ORG

TABLE OF CONTENTS
INTRODUCTION ..................................................................................................................................................... 4 RFP TIMELINE......................................................................................................................................................... 5 THE BROOKLYN BRIDGE PARK CORPORATION ....................................................................................................... 5 SITE DESCRIPTION AND CONTEXT .......................................................................................................................... 5 EXISTING CONDITIONS ..............................................................................................................................................6 BROOKLYN BRIDGE PARK ..........................................................................................................................................7 PIER 1 .........................................................................................................................................................................8 SURROUNDING NEIGHBORHOODS & IMMEDIATE VICINITY ...................................................................................................10 TRANSPORTATION & ACCESS..........................................................................................................................................11 DEVELOPMENT CONTROLS & GUIDELINES ........................................................................................................... 13 MGGP ......................................................................................................................................................................13 FEIS..........................................................................................................................................................................13 LETTER OF RESOLUTION ..........................................................................................................................................14 ZONING RESOLUTION .............................................................................................................................................14 DESIGN GUIDELINES ................................................................................................................................................14 ADDITIONAL AMENITIES .........................................................................................................................................14 REVIEW AND APPROVAL PROCESS ...................................................................................................................................16 SEQRA .....................................................................................................................................................................16 BOARD APPROVAL ..................................................................................................................................................16 PROPOSAL REQUIREMENTS ....................................................................................................................... 16 PROJECT DESCRIPTION ..................................................................................................................................................17 FINANCIAL INFORMATION ..............................................................................................................................................17 RESPONDENT DESCRIPTION............................................................................................................................................18 DRAFT GROUND LEASE .................................................................................................................................................18 RENTAL PAYMENTS ......................................................................................................................................................19 SITE PLAN/ ARCHITECTURAL DESIGN ...............................................................................................................................20 LAND USE ANALYSIS .....................................................................................................................................................20 GREEN BUILDING/SUSTAINABLE DESIGN ..........................................................................................................................20 CONSTRUCTION PLAN/SCHEDULE....................................................................................................................................21 LOCAL LAW 34 ............................................................................................................................................................21 MINORITY WOMEN BUSINESS ENTERPRISE (M/WBE) UTILIZATION PLAN...........................................................................21 STATEMENT OF AGREEMENT ..........................................................................................................................................22 SELECTION PROCESS & CRITERIA.......................................................................................................................... 22 DEVELOPER DUE DILIGENCE ................................................................................................................................. 23 SITE INFORMATION FILE ................................................................................................................................................23 DISPOSITION PROCESS ............................................................................................................................................23 INFORMATION SESSION AND SITE VISIT .............................................................................................................. 24 PROCEDURE TO RESPOND TO THIS REQUEST ....................................................................................................... 24
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CONDITIONS, TERMS & LIMITATIONS .................................................................................................................. 26 FURTHER INFORMATION ..................................................................................................................................... 27 APPENDIX 1A: CONTEXT MAP .............................................................................................................................. 28 APPENDIX 1B: LAND USE...................................................................................................................................... 29 APPENDIX 1C: LOCAL POINTS OF INTEREST .......................................................................................................... 30 APPENDIX 1D: TRANSPORTATION ........................................................................................................................ 31 APPENDIX 1E: BROOKLYN HEIGHTS SCENIC VIEW DISTRICT ................................................................................. 32 APPENDIX 1F: DESIGN GUIDELINES ...................................................................................................................... 33 APPENDIX 2: VENDEX AND BACKGROUND QUESTIONNAIRE FORMS ................................................................... 38 APPENDIX 3: GREEN BUILDING INFORMATION .................................................................................................... 49 BACKGROUND INFORMATION FOR HIGH PERFORMANCE/GREEN BUILDING DEVELOPMENT ........................................................49 USGBC LEED FOR NEW CONSTRUCTION AND MAJOR RENOVATION CHECKLIST ......................................................................49 GREEN BUILDING FUNDING SOURCES ..............................................................................................................................54 GREEN BUILDING PROGRAM INFORMATION ......................................................................................................................56 GREEN BUILDING RESOURCES: .......................................................................................................................................56 APPENDIX 4: DOING BUSINESS DATA FORM ........................................................................................................ 58 APPENDIX 5: M/WBE PLAN .................................................................................................................................. 63 APPENDIX 6: STATEMENT OF AGREEMENT .......................................................................................................... 73

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INTRODUCTION
The Brooklyn Bridge Park Corporation, d/b/a Brooklyn Bridge Park, is seeking proposals from qualified developers for the long-term lease, development and operation of a mixed-use development, including hotel, residential and restaurant uses (the Site) on two parcels of land (the Developments Parcels) within the Brooklyn Bridge Park project (the Park). Located on Pier 1, nestled between the Brooklyn Heights Promenade and the Brooklyn Bridge, the Site is a rare opportunity to develop a destination waterfront hotel and residential complex. The Site boasts unparalleled views of the New York Harbor, Governors Island, the Statute of Liberty, and the Manhattan and Brooklyn Bridges. It is also adjacent to two of Brooklyns most prestigious neighborhoods one that has charmed New York City residents with its historic architecture and tree-lined streets and another that has emerged in the past decade to become one of New York Citys most sought-after places to live, work and play. The development of Pier 1 is part of a larger effort currently underway to transform underutilized piers on Brooklyns East River Waterfront, stretching 1.3 miles from Atlantic Avenue to north of the Manhattan Bridge, into an iconic waterfront park known as Brooklyn Bridge Park. This 85acre project will be the most significant park development in Brooklyn in over a century and is the result of substantial support from the City and the State. T his assistance includes both significant capital investments and the implementation of a G eneral Project Plan to facilitate development of the Site in accordance with this RFP. With the opening of twenty acres of new parkland last year, the Park has drawn thousands of people to the Brooklyn waterfront and firmly established itself as one of the most vibrant public places in New York. T he Site will be an exciting addition to the waterfront that will attract residents and visitors seeking remarkable views and world-class park amenities, within the parkland designed by award-winning landscape architecture firm Michael Van Valkenburgh Associates, Inc. (MVVA). A successful response to this Request for Proposals (this RFP) will demonstrate plans to accomplish the following goals (the Development Goals): Generate a financially feasible and economically viable project, with lease payments that will contribute toward ongoing maintenance and operations of the Park Create a visually appealing development that enlivens the entrances to the Park surrounding the Site and energizes Furman Street Further the vision of the Park by designing structures to be seamlessly integrated with and complementary to the Sites surroundings Transform the Site into an amenity for residents and visitors to enjoy Aim to achieve a LEED rating of Silver for the buildings constructed on the Development Parcels
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Each party submitting a proposal in response to this RFP is referred to herein as a Respondent and the Respondent that is ultimately selected for the project through this RFP process is referred to herein as the Selected Developer.

RFP TIMELINE
Respondents should refer to the Development Controls & Guidelines, Proposal Requirements, Selection Process & Criteria, and Procedure to Respond to this Request sections of this RFP for details on r esponse submissions. E ach such response is hereinafter referred to as a Proposal. The following schedule has been established for this RFP: Release of RFP ..................................................................................... First Information Session and Site Visit ............................................... Second Information Session and Site Visit .......................................... Question & Answer Deadline. Question & Answer Response Posting ................................................. Submissions Due .................................................................................. August 4, 2011 August 18, 2011 September 14, 2011 October 3, 2011 October 11, 2011 October 24, 2011

THE BROOKLYN BRIDGE PARK CORPORATION


The Brooklyn Bridge Park Corporation, d/b/a Brooklyn Bridge Park (BBP) is a not-for-profit corporation composed of a Board of Directors that includes representatives of the Mayor, Governor, Borough President, City Council, State Senate and State Assembly. In July 2010, BBP took over responsibilities for the planning, design, construction, and maintenance of the Park from the Brooklyn Bridge Park Development Corporation (BBPDC), a wholly owned subsidiary of the New York State Urban Development Corporation d/b/a Empire State Development Corporation (ESDC).

SITE DESCRIPTION AND CONTEXT


The Site is an exciting waterfront location that serves as the primary gateway entrance to the Park and is comprised of two Development Parcels located at the intersection of Furman Street and Old Fulton Street, bounded on t he east by Furman Street and on the west by the Park. Development Parcel A (Parcel A), with a footprint of approximately 64,830 square feet, has
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approximately 553 feet of frontage on Furman Street, approximately 528 feet of frontage on the Park, and a width of approximately 120 f eet. D evelopment Parcel B (Parcel B), with a footprint of approximately 35,220 square feet, has approximately 294 feet of frontage on bo th Furman Street and the Park and a width of approximately 120 feet.

Site Plan

The maximum development rights available at the Site are estimated to be approximately 514,000 square feet. T he development parameters and design guidelines for the Site are discussed under the Development Controls & Guidelines section of this RFP. Disposition of the Site will be through a ground lease to the Selected Developer with a lease term to expire on July 27, 2109. The Site will be conveyed in as is condition, including, without limitation, all environmental conditions. EXISTING CONDITIONS BBP has completed demolition of the National Cold Storage Warehouse buildings that previously occupied the Site. The Selected Developer will be fully responsible for all remaining site preparation work, including compliance with any environmental remediation requirements pursuant to the State Environmental Quality Review Act (SEQRA). A Phase I Environmental Site Assessment (Phase I) was conducted in December 2003 f or the Park. Subsequently, a Subsurface Investigation (Phase II) was performed in April 2005. Based on the Phase I and Phase II, certain remediation and protective measures for the Park were identified through a Remedial Action Plan (RAP) prepared in August 2005. A Final Environmental Impact Statement (FEIS) was completed for the Park in December 2005. Copies of the Phase I,
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Phase II, RAP and FEIS will be made available to Respondents as provided in the Developer Due Diligence section of this RFP. Respondents should also be aware that the tunnels for the A and C lines of the subway are located underneath a portion of Parcel B. The Selected Developer will be responsible for coordinating with the New York City Transit Department of Capital Projects to obtain a Letter of No Impact and any other required sign offs arising from this condition. A survey showing the location of the subway tunnels will be made available to Respondents as provided in the Developer Due Diligence section of this RFP. BROOKLYN BRIDGE PARK In May 2002, then-Governor George Pataki and Mayor Michael Bloomberg entered into a Memorandum of Understanding for the creation of the Park. T he goals for creating the Park included: (1) providing unparalleled public access to the Brooklyn waterfront, (2) increasing the availability of recreational open space for visitors, residents and workers in Brooklyn through a self-sustaining park and (3) transforming a former industrial site with remarkable views of Lower Manhattan and the Brooklyn Bridge into a vibrant area of Brooklyn. In furtherance of these goals, the State and City have committed substantial funds to support the design and construction of the Park which has an estimated capital budget of $350M. The Park project includes approximately 85 acres of waterfront that extends 1.3 m iles from Atlantic Avenue to north of the Manhattan Bridge. W hen complete, the Park will transform Piers 1-6 and their associated uplands at the foot of Brooklyn Heights, and the areas north of the Brooklyn Bridge along the waters edge in DUMBO (Down Under the Manhattan Bridge Overpass) into a new world-class park that adds much needed open space. The completed Park will include a mix of expansive lawns, active recreational facilities (including volleyball, handball and basketball courts, soccer fields, and inline skating facilities), playgrounds, pathways, bike paths, promenades, and maritime related recreational facilities (such as kayaking and a marina). The first phase, which opened in 2010, includes: (1) Pier 1 (see description below); (2) portions of Pier 6, including a 1.6 acre signature playground, a dog run, and a water taxi dock with access to Governors Island; and (3) an interim pedestrian path and bikeway connecting the two completed sections of the Park. Additional sections of Pier 6 opened this past spring, including lawns, promenades and three sand volleyball courts. It is expected that the portion of the Park immediately north of the Brooklyn Bridge, featuring a restored 1922 c arousel enclosed in a beautiful pavilion designed by Pritzker Prize winning architect Jean Nouvel, will open later this summer. Future potential development sites include residential sites at Pier 6 and John Street and the adaptive reuse of the Empire Stores for commercial and retail uses. The remainder of the
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Park and the future development sites will open in phases over the next several years, starting with the projected opening of three soccer fields at Pier 5 in the summer of 2012.

Map of Park Phasing

PIER 1 Pier 1, immediately adjacent to the Site, is the largest of the Parks piers and was opened to the public in March, 2010. In the summer of 2011, the 9.5 acre Pier averaged approximately 17,000 visitors per weekend day, more than half of the 30,000 weekend day visitors to the Park overall. Pier 1 hosts a weekly summer outdoor film series called Syfy Movies with a View which drew up to 7,000 vi sitors last summer as well as other large events, such as performances by The Metropolitan Opera. Pier 1s amenities include a playground, a waterfront promenade, a grand granite staircase, a boat ramp for non-motorized watercraft and a series of tree-lined pathways. Pier 1 also features a lush, fully-developed landscape, including (1) two large lawns, (2) a salt marsh with native plant life, (3) water gardens that start at the Pier 1 entrance to the Park and wrap southward along the eastern edge of the Pier 1 mound, (4) over 500 mature trees, and (5) a landscape of hills that provide elevated spots for views into the Park and out towards the New York Harbor, Governors Island, the Statute of Liberty, and the Manhattan and Brooklyn Bridges.

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This year BBP will begin the construction of a pedestrian bridge to connect Pier 1 to Brooklyn Heights via access through the recently renovated Squibb Park located between Furman Street and Columbia Heights at Middagh Street. It is expected to be completed by the summer of 2012. T he bridge, to be constructed primarily out of black locust timber, will reflect the design excellence and the industrial waterfront landscape of the Park itself. T he bridge will cross over the courtyard between the Development Parcels, strengthening the connections between the Rendering of Squibb Park Bridge Park and Brooklyn Heights.

Orthogonal view of Squibb Park Bridge

Plan view of Squibb Park Bridge

The construction of a park administration building is currently planned for the area immediately adjacent to the southern end of Parcel B. T he planned 37,000 s quare foot, two-story building will include administrative offices, maintenance facilities and public amenities such as restrooms, a meeting space and two rooftop tennis courts. It is expected that construction of the park administration building will not commence prior to the completion of development at the Site.

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SURROUNDING NEIGHBORHOODS & IMMEDIATE VICINITY The Site is situated along the Brooklyn waterfront directly across the river from Lower Manhattan (see Appendix 1A). It is a short five minute walk from the historic Fulton Ferry Landing Pier. The refurbished pier is a lively urban plaza and is a magnet for residents and tourists, drawn to spectacular views and well-known eateries such as Grimaldis, River Caf and Brooklyn Ice Cream Factory. The Site is also adjacent to two of Brooklyns most desirable neighborhoods, Brooklyn Heights and DUMBO. Brooklyn Heights is among the most well-preserved historic neighborhoods in Brooklyn. With tree-lined streets full of picturesque nineteenth century brownstones, Brooklyn Heights was the first neighborhood to be designated a historical district by The New York City Landmarks Preservation Commission. Over the past decade, DUMBO has emerged as one of New York Citys most prestigious and dynamic neighborhoods. O nce an abandoned manufacturing and shipping hub, t he neighborhood has been transformed into a vibrant mixed-use, residential and retail community (see Appendix 1B). This community is home to artist galleries, creative professional office space, a thriving design scene, unique shops and restaurants and charming streetscapes. The neighborhoods remarkable views, proximity to Manhattan and attractive high-ceilinged residential lofts have made it one of the most sought after residential locations in New York City. There are approximately 27,125 residents living in Brooklyn Heights, DUMBO and the surrounding neighborhoods of Fulton Ferry Landing and Vinegar Hill. R esidents of these neighborhoods have an average household income of $154,493 and nearly half own their residences.
Brooklyn Heights, DUMBO, Vinegar Hill and Fulton Ferry Landing (Brooklyn Census Tracts 1, 3.01, 5, 7, 9, 21) 2010 2000 Estimate Households 12,028 13,834 Population 23,444 27,125 Median Age 36.9 37.05 Average Household Income $117,636 $154,493 % Households With Income $100,000+ 35.0% 52.4% % Owner Occupied Housing Units 40.6% 43.9% Source: DemographicsNow

Young professionals have not only migrated to Dumbo to live, but to work as well. Dumbo has emerged as an up-and-coming hub for technology and digital media companies, with roughly 65 companies located in a 5-block radius. Brownstoner.com, The Knot, Etsy, Big Spaceship, Wireless Generation and Gothamist are among the exciting digital companies headquartered in
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the 1.2 million square foot Dumbo office market. Other prime office tenants include West Elm, Brooklyn Industries and Spike Lee DDB. A multitude of dining spots is easily accessible from the Site, including Jacques Torres Chocolate, Bubbys and Almondine. There also are also prime retail corridors running along Montague Street and Front Street, both within close proximity to the Site. I n addition, the dozens of artist galleries, cultural institutions and performance spaces surrounding the Site serve as key attractions for residents and visitors (see Appendix 1C). Respondents should be made aware that the Watchtower Bible and Tract Society of New York (owner of 25 C olumbia Heights, the property across Furman Street) may be interested in an arrangement that preserves all or a portion of the views from 25 C olumbia Heights. To the extent a Respondent is interested in exploring such possibility, such Respondent should contact the owner directly. TRANSPORTATION & ACCESS Thousands of people work and/or live within walking distance of the Site, and many more can easily access it as a result of its proximity to the Citys mass transit system. The 2, 3, A, C and F subway lines and the B25 bus line all stop within close walking distance. T he new Citysupported East River Ferry Service is also located within close proximity and provides waterborne access to the Site from lower and midtown Manhattan. C ompletion of the pedestrian bridge at Squibb Park will make the Site even more accessible to Brooklyn Heights and the 2, 3, A and C subway lines (see Appendix 1D). In addition to public transportation, the Site is easily accessible by vehicle, with direct links to the Brooklyn-Queens Expressway, the Manhattan Bridge and the Brooklyn Bridge. The closest exit from the Brooklyn-Queens Expressway is two blocks from the Site. In addition, the Brooklyn and Manhattan Bridges are four blocks and nine blocks, respectively, from the Site. Finally, completion of a 14-mile bike and pedestrian path, known as the Brooklyn Waterfront Gateway, will enhance the accessibility of the Site to pedestrians and cyclists. T he path will connect the Site to a multitude of neighborhoods in Brooklyn, such as Williamsburg and the Columbia Waterfront. BBP has engaged in preliminary discussions with the New York City Department of Transportation regarding the conversion of Furman Street into a two-way street. Because the discussions are ongoing, Respondents should propose development scenarios that contemplate Furman Street as both a one-way and two-way street. A dditionally, Respondents should be aware that there is currently tour bus layover parking along Furman Street in front of the Site that is anticipated to remain in that location.
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DEVELOPMENT CONTROLS & GUIDELINES


In addition to the Development Goals set forth in the Introduction section of this RFP, Proposals must comply with all relevant land use controls. Such development controls include, without limitation, the MGPP, the FEIS, the Letter of Resolution (LOR), select requirements found in the New York City Zoning Resolution (the Zoning Resolution) relating to the preservation of the view plane from the Brooklyn Heights Promenade, the Design Guidelines and certain other requirements discussed below. MGGP The Modified General Project Plan for the Brooklyn Bridge Park Civic and Land Use Improvement Project (MGPP) (adopted on July 26, 2005 a nd subsequently modified on December 18, 2006 and March 26, 2010) overrides all local zoning requirements (except as specified below) and is the primary document controlling land use and bulk on the Site. Pursuant to the MGPP, the Development Parcels are permitted to be used solely for hotel, residential and restaurant/caf purposes and other hotel-related ancillary uses, such as spa facilities, meeting rooms, banquet halls and business center facilities. P ursuant to the MGPP, the development must comply with the following: 1. 2. 3. The maximum building height for Parcel A is 100 feet. The maximum building height for Parcel B is 55 feet subject to the view plane requirements discussed below. The hotel portion of the Site shall include 170 to 225 hotel rooms. The residential portion of the Site shall include 150 to 180 residential units. The number of hotel rooms shall decrease proportionately as the number of residential units increase and vice versa. The maximum limit for the Site is a combination of 225 hotel rooms and 150 residential units or 170 hotel rooms and 180 residential units. The restaurant/caf use, which will serve as a point of attraction along the waterfront, shall occupy up to 17,500 square feet.

4.

FEIS The FEIS contemplates that the project would include at least 300 on -site parking spaces. Proposals should comply with the FEIS requirement. Any deviation from such requirement will be subject to BBPs approval and may, at ESDCs determination, require supplemental environmental review at the Selected Developers sole cost and expense. Copies of the FEIS will be made available to Respondents as provided in the Developer Due Diligence section of this RFP. Proposals that do not deviate from the FEIS will be viewed favorably.

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LETTER OF RESOLUTION The Cold Storage Warehouse buildings that previously occupied much of the Site were deemed eligible for listing on the State and National Registers of Historic Places. As part of the mitigation to allow for their demolition, a Letter of Resolution (LOR) was executed and later amended that required that design plans for future development of the Site be presented to the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) for review and consultation. It also requires that certain salvaged elements of the Cold Storage Warehouse buildings, including approximately 100 ornamental metal stars, be made available for reuse in the development. Respondents must comply with the applicable requirements of the LOR. A copy of the LOR will be made available to Respondents as provided in the Developer Due Diligence section of this RFP. ZONING RESOLUTION Respondents must comply with the requirements of Article X, Chapter 2: Special Purpose Districts, Special Scenic View District establishing the SV-1 Brooklyn Heights Scenic View District. These requirements seek to protect the waterfront views of the Lower Manhattan skyline, Governors Island, the Statue of Liberty and the Brooklyn Bridge from the Brooklyn Heights Promenade. An online version of the relevant Zoning Resolution may be found on the NYC Department of City Planning website at http://www.nyc.gov/html/dcp/pdf/zone/art10c02.pdf. Maps indicating the boundaries of the SV1 Brooklyn Heights Scenic View District are attached to this RFP as Appendix 1E. DESIGN GUIDELINES Proposals that comply with the Sites Design Guidelines (the Design Guidelines) will be viewed favorably. The Design Guidelines have been established to ensure that the development of the Site is seamlessly integrated within and enriches the surrounding Park environment. Respondents must consult the Design Guidelines and should submit Proposals that are consistent with such guidelines. Please include a written narrative that explains the rationale for any inconsistencies. A copy of the Design Guidelines is attached to this RFP as Appendix 1F. ADDITIONAL AMENITIES Respondents are encouraged to submit Proposals that include the amenities described below. BBP considers these amenities highly beneficial to the Site as they complement the surrounding Pier, support the Park and promote an inviting environment for Park visitors. Proposals that include these amenities will be viewed favorably. Respondents that submit Proposals incorporating the landscaped buffer and/or the courtyard should identify the price attributable to the construction of these amenities as part of their Proposals as well as the impact it may have on their financial offer.
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Courtyard To provide a welcoming portal for pedestrians entering the Park and hotel patrons and residents entering the two Development Parcels, Respondents are strongly encouraged to include the construction of the 120 by 75 paved courtyard that borders Parcel A on the north, Parcel B on the south, the Park on the west and Furman Street on the east in their Proposal. It should be noted that the Squibb Park Bridge will cross above the courtyard, with a footing extending down into the courtyard. The courtyard should be constructed in accordance with existing construction documents, which will be made available to Respondents as provided in the Developer Due Diligence section of this RFP. R espondents may suggest design alternatives that are deemed necessary or beneficial to accommodate the proposed development. Such alternatives should be accompanied by a supporting explanation, and will be subject to BBPs approval. Stormwater Retention As part of the Parks sustainability objectives, the Selected Developer should implement a plan that connects the roof drainage system of the proposed buildings to an existing underground storage tank in a m anner that effectively captures any rainwater. The water captured by the underground storage tank will be recycled and used by the Park to supply its irrigation needs. Proposals should include a plan demonstrating how the project will achieve this objective. To assist in the preparation of this plan, copies of the construction documents for the underground storage tank will be made available to Respondents as provided in the Developer Due Diligence section of this RFP. Public Restrooms Proposals should include public restrooms on t he ground floor of the proposed development which are directly accessible to visitors of the Park. Proposal should provide for separate facilities for men and women and should comply with all requirements of the Americans with Disabilities Act. To the extent a Respondent would charge BBP rent for the use of such space, Respondents should indicate in their Proposal the proposed annual rent that would be charged for the term of the ground lease. Landscaped Buffer To create a seamless and inviting transition from public to private space, Respondents are encouraged to include in their Proposal the construction of a landscaped buffer that extends along the western faade of the Development Parcels to the eastern edge of the main Pier 1 promenade. To accommodate this buffer, the western faade of the proposed buildings would need to serve as retaining walls to support the berm. The construction of the buffer should be in accordance with existing construction documents which will be made available to Respondents as provided in the Developer Due Diligence section of this RFP. Respondents may submit

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design alternatives in order to enhance their overall Proposal. S uch alternatives should be accompanied by a supporting explanation, and will be subject to BBPs approval. Park Support Space Respondents are encouraged to include in the Proposal two separate ground floor spaces to be used by BBP and the Parks concessionaires, as applicable, for the term of the ground lease that meet the following requirements. T he first space would serve as a p ark maintenance facility (the Park Maintenance Facility) for the central area of the Park. It is envisioned that such Park Maintenance Facility would be at least 500 square feet and would be provided with HVAC, water/sewer hookup, appropriate electrical service, and lighting. The Park Maintenance Facility will be used for storage and as a workshop. The second space will be used as a storage facility (the Storage Facility). It is envisioned that the Storage Facility would consist of four to six separate rooms, each containing at least 100 square feet and would be provided with HVAC, water/sewer hookup, appropriate electrical service and lighting. The Selected Developer may submeter the utilities and bill BBP for such charges. To the extent a Respondent would charge BBP rent for the use of such space, Respondents should indicate in their Proposal the proposed annual rent that would be charged for the term of the ground lease.

REVIEW AND APPROVAL PROCESS The redevelopment of the Site will require certain approvals including, but not limited to, the following: SEQRA ESDC, on behalf of BBPDC, will act as the lead agency and review the Proposal to confirm its compliance with SEQRA. T he Selected Developer will be responsible for all costs associated with the environmental review process, if any, as well as any costs incurred by BBP. BBP does not anticipate any additional environmental review will be necessary except for the parking variations discussed above in the Development Controls & Guidelines section of this RFP. BOARD APPROVAL This disposition is subject to review and approval by the BBP Board of Directors.

PROPOSAL REQUIREMENTS
Each complete Proposal must contain the elements listed below, and BBP reserves the right to request supplemental information from Respondents through follow-up questions to Respondents Proposals or during negotiations with select Respondents:
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PROJECT DESCRIPTION The project description should be a detailed narrative describing the project, including type and size of each component of the development, unit mix of residential and hotel units, proposed ancillary uses and corresponding square footage, type and number of commercial tenants (if applicable), type of ownership structure for residential units, an explanation of how the proposed project relates to the neighboring space, development plans and schedule, and operation assumptions. The project description should also address each of the issues detailed in the Development Controls & Guidelines section of this RFP. FINANCIAL INFORMATION Respondents must provide the following financial information: Previous three years of audited financials; Pro forma cash flows for the proposed project for ten (10) years (including construction and operations), including details of any as-of-right or discretionary real estate tax, other tax, energy, or other governmental benefits. R espondents must outline all assumptions on which the pro forma document is based, including minimum returns sought. The pro forma document should include all necessary capital improvements over time, reserves, and debt service payments associated with construction financing. The cash flows should be submitted in Excel format and link to the section clearly outlining assumptions on which all calculations were based; Sources and uses of design and construction funds, including details of equity and financing sources and a break out of all soft and hard costs and development and financing fees to be paid on the uses side including pricing information relating to the construction of the landscaped buffer and/or courtyard. R espondents should clearly indicate escalation rates to account for any increases in construction costs in budget or contingencies; A detailed description of proposed equity investment, construction and permanent financing and credit enhancement, if any; Letters of interest and/or intent from equity and debt sources, if applicable; and Letters of interest and/or intent from tenants, if applicable. Recent development projects by the Principal members of the team, if applicable including any relevant financial partners.

Please provide the pro forma and financial information electronically on a flash drive or CD in Excel format and be sure to include all formulas (do not hard-code cells).

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RESPONDENT DESCRIPTION Respondents must demonstrate sufficient financial resources and professional ability to develop the Site in a manner consistent with the relevant Proposal. In addition, Respondents must complete an NYCEDC Background Investigation Form, a copy of which is attached to this RFP as Appendix 2. Each Proposal must include a description of the Respondents management and/or development team, including: Identification of all members of the management and/or development team including the legal nature of the firms and their relationship to each other, any joint venture partners and the nature of the partnership interests. Provide names, addresses, telephone numbers and email addresses for each member of the team, including the design team, development team, project management, construction, legal consultants, hotel operator and any other professional consultants. This section should also include an organizational chart clearly indicating the legal and managerial relationships among team members and should identify one individual as the primary contact person for the team; Current organizational structure. Any proposed partnership or joint venture must be clearly explained and a chart/diagram of the purchaser and/or development entity, showing structure and percentages of ownership and investment must be included; Description of any previous experience with relevant capital projects, such as the development or redevelopment of a facility, as operator, manager, designer and/or builder; and debt offerings or other borrowings; Experience with the surrounding community; Detailed description of any labor issues experienced in its hotel operations (e.g., strikes, work stoppages, etc.). Proposals should describe any examples of previous operations in a union environment. Respondents that can show experience with harmonious labor relations or a lack of negative labor issues will be viewed favorably; Background information on all members of the Respondents team, including the relevant experience of all principal members thereof and their availability for commitment to the project. This information must be submitted for every participant in a joint venture; and Any additional documentation or information evidencing the strength of the Respondents team and their ability to complete the project in a timely manner.

DRAFT GROUND LEASE Each Respondent must review and provide comments to the Draft Ground Lease. Proposals with less extensive modifications will be viewed favorably. Please note that while the Draft Ground Lease contains the standard terms and conditions contained in BBP ground leases, it does not contain the specifics of any Proposal nor does it fully address all of the concepts to be included in the final Ground Lease. BBP shall not be bound to the terms of the Draft Ground Lease but shall use such form, including the provided comments, as a basis of negotiating a final Ground
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Lease with the Selected Developer. Although BBP will accept hand-marked revisions, redlined word documents are preferred and an electronic version of the Draft Ground Lease will be made available for download from BBPs website at http://www.brooklynbridgeparknyc.org/aboutus/business-opportunities or by request to David Lowin at dlowin@bbpnyc.org or (718) 2229252. RENTAL PAYMENTS The proposed annual ground lease payments must be expressed in fixed, non-contingent dollar amounts. The rent offer should be the highest sum a Respondent is prepared to pay as base rent expressed as a guaranteed annual rent amount. BBP strongly encourages that there be an escalation in any guaranteed rent amount over the lease term. Upon execution of the Ground Lease, BBP will require an upfront payment of prepaid rent. The proposed prepaid rental amount will be among the competitive factors used in evaluating the Proposals. BBP encourages Proposals to include a prepayment offer equal to at least twenty percent (20%) of the net present value of the aggregate ground lease payments estimated to be paid by the tenant during the term of the Ground Lease. Proposals that include a participation rent in their financial offer will be viewed more favorably. Respondents financial offer for the Site should assume that it will be disposed of in asis" condition. Notwithstanding the Sites exemption from payment of real estate taxes, the Selected Developer will be required to make a payment in lieu of real estate taxes (PILOT) to BBP as additional rent under the Ground Lease. The amount of PILOT due under the Ground Lease will be determined by the New York City Department of Finance to be equivalent to the amount that would otherwise be due to New York City but for such exemption, subject to any applicable as-of-right exemption or abatement. Notwithstanding the Sites exemption from payment of mortgage recording taxes and sales tax, the Selected Developer will be required to make payments to BBP in lieu of mortgage recording taxes (PILOMRT) and in lieu of sales tax (PILOST) equivalent to the amount that would otherwise be due but for such exemptions. Respondents must include a detailed schedule projecting all PILOT, PILOST and PILOMRT payments under the Ground Lease. If Respondents intend to apply for any tax abatement or exemption, the PILOT schedule should include projections with and without the abatement or exemption. Proposals that incorporate the amenities described in the Additional Amenities section of this RFP at the Respondents sole cost and expense will be viewed favorably. Preference will also be given to those Proposals that provide the public restroom space and park support space at no charge to BBP.

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SITE PLAN/ ARCHITECTURAL DESIGN Conceptual drawings in plan view that depict all improvements on t he Site should be included with each Proposal. P roposals should also include elevations of each faade, interior and exterior renderings of the buildings, floor plans and a summary of the proposed buildings with all square footages identified. The plans submitted with the proposal should indicate proposed access and egress points, interior circulation patterns, the amount of usable space, the location of the programmatic elements and any public spaces. Drawings must indicate the graphic scale and include all relevant dimensions. Please clearly label all submissions. R espondents are encouraged to integrate high performance measures and environmentally-friendly design practices where appropriate. Please refer to Appendix 3 for background information about green building techniques, guidelines and resources. LAND USE ANALYSIS Respondents must provide an analysis of all calculations and proposed uses, and demonstrate compliance with the requirements set forth in the MGPP, the Design Guidelines and the selected requirements in the Zoning Resolution. GREEN BUILDING/SUSTAINABLE DESIGN An important design strategy is the use of sustainable design principles, as defined by the United States Green Building Council (the USGBC) through Leadership in Energy and Environmental Design (LEED). Respondents are encouraged to articulate sustainability as a guiding principle for the project and seek a LEED for New Construction and Major Renovation rating of Silver from the USGBC. Requirements for this rating can be found at http://www.usgbc.org. Respondents should build in any additional costs of achieving a LEED Silver rating into their financial analysis and submit financial offers that incorporate not only the initial cost, but also the significant long term benefits of lower operating costs. The Respondents green building plan should include a narrative describing the proposed projects sustainable design goals and a declaration of the Respondents commitment to incorporate the specific criteria into the overall project design. Using the LEED Scorecard (see Appendix 3), Respondents should identify each credit the project will seek to achieve in order to obtain at minimum LEED Silver certification. Respondents should describe the specific steps that will be taken and proposed technologies that will be used to achieve each credit and provide an estimate of the total incremental cost for each LEED category (e.g. Water Efficiency), keeping in mind that many strategies and credits are inter-related. For the credits that Respondent does not seek to achieve, Respondents should explain why.
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Respondents should also include a statement of experience of the applicable members of the team who will develop and implement the specific steps that will be taken to achieve LEED Silver certification or higher. The statement should describe the teams specialized experience in the field of sustainable building design and demonstrate an ability to comprehensively integrate the concept of sustainability into the project through experience with the LEED certification system. At least one member of this team must be LEED accredited and have demonstrated experience in constructing and monitoring performance in similar projects. To ensure compliance with the requirements of achieving at minimum LEED Silver certification, regular progress reports will be required throughout the design, due diligence, and predevelopment phases. A list of green building resources, incentive and technical assistance programs and contact information can be found in Appendix 3. If a Respondent does not believe LEED Silver certification is feasible, the Proposal should provide a detailed explanation of why it is not achievable. CONSTRUCTION PLAN/SCHEDULE Respondents must provide a construction schedule and staging area plan for the proposed project. Portions of the unbuilt park may be used for staging subject to BBPs prior approval. LOCAL LAW 34 All entities that are doing or seeking to do business with the City, as well as their principal officers, owners and senior managers are subject to Local Law 34 (LL 34). In order to avoid the actuality or appearance of a link between governmental decisions and large campaign contributions, lower municipal campaign contribution limits apply to the people listed in the Doing Business Database. Transactions covered by LL 34 include most contracts, concessions, franchises and grants greater than $5,000, e conomic development agreements, real property transactions, land use actions and pension investment contracts. Entities that propose for or are awarded any of these transactions, with certain exceptions, must complete a D oing Business Data Form before their Proposals can be considered or an award can be made. Respondents must complete Appendix 4 and submit an original as part of their Proposal. MINORITY WOMEN BUSINESS ENTERPRISE (M/WBE) UTILIZATION PLAN Respondents must submit a plan that complies with the M/WBE policy attached to this RFP as Appendix 5.
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STATEMENT OF AGREEMENT The Respondent must submit a statement signed by an authorized principal or officer of the Respondent that states that the Respondent has read this RFP and the Appendices fully and agrees to the terms and conditions set forth herein (see Appendix 6).

SELECTION PROCESS & CRITERIA


Proposals will be evaluated by a s election committee, based on t he criteria listed below. BBP will take into account the information provided in the Proposal, references, and any other information about the Respondents performance made available to BBP. P roposals that are incomplete or fail to conform to the requirements of this RFP will not be considered. BBPs acceptance of a Proposal does not imply that every element of that Proposal has been accepted. BBP reserves the right to request additional information, site visits, interviews, or presentations. BBP also reserves the right not to select a Respondent. Rent Offer the Respondents proposed lease payments, including the amount of prepaid rent that would be paid by the Selected Developer upon execution of the Ground Lease Respondent Team Qualifications experience; development skills; financial resources necessary to complete a high-quality project in time and within budget and a lack of negative labor issues in its past hotel operations. In addition, Respondents are encouraged to consider entering into an agreement relating to labor peace for the project, though doing so is not a requirement of selection. Financial Feasibility - demonstrated financial condition to complete the project; availability of identifiable funding sources to finance the project; sufficient revenue to support operating expenses, scheduled payments related to capital costs, reserve fund contributions and debt service Design - thoughtful and innovative design that responds to the Site, the Design Guidelines and the Development Goals listed in the RFP; extent to which development potential is maximized in a manner consistent with applicable development controls; maximizes opportunities for integration with Park and public use; overall quality of design and construction will be given significant consideration Ground Lease comments and suggested revisions made to the Ground Lease Development Goals and Guidelines - consistency with goals and guidelines outlined in this RFP; extent to which Proposal incorporates the additional amenities Relationship to Surrounding Community pedestrian access, vehicular access and circulation, building massing, landscaping and other aspects of the developments relationship to the surrounding community; enhances the experience of visitors to the Park and provides additional amenities that benefits these visitors
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Green Building Plan - extent to which Proposals incorporate green building, sustainable development, and smart building concepts and technologies in order to enhance overall design and construction, while simultaneously making the building environmentally responsible

DEVELOPER DUE DILIGENCE


Information provided in the RFP is for general informational purposes only. Respondents responsibility to conduct due diligence on the Site. SITE INFORMATION FILE Respondents are encouraged to review BBPs Site Information File (the File), containing important publicly available information regarding the Site, prior to submitting a Proposal. The File will be available for download from BBPs website at http://www.brooklynbridgeparknyc.org/about-us/business-opportunities, or by request to David Lowin at dlowin@bbpnyc.org or (718) 222-9252. Respondents should email David Lowin at the address above to register to receive notice of any amendments to the RFP or additions to the File. The File contains: Site Plan MGPP LOR, as amended Phase I Phase II RAP FEIS Construction Documents for the landscaped buffer Construction Documents for the courtyard Construction Documents for the water retention tank Survey of the subway tunnels DISPOSITION PROCESS After review of the Proposals if BBP, in its sole determination, elects to proceed with one of the Proposals, BBP will choose a Selected Developer for disposition of the Site and enter into a Ground Lease. It is the

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Ground Lease Notwithstanding any other provisions herein that may be to the contrary, BBP shall not be under any obligation to ground lease the Site to the Selected Developer unless and until a Ground Lease is executed between BBP and such Selected Developer. Approval Process/Environmental Review As referenced in the Review and Approval Process section of the RFP, this disposition is subject to the following review processes: SEQRA and BBP Board approval. T he Selected Developer will be responsible for the preparation of, and all costs associated with, appropriate SEQRA and environmental review documents if such review is determined to be necessary.

INFORMATION SESSION AND SITE VISIT


Two information sessions and site visits will be held. The first session will take place at 9:30AM on Thursday August 18, 2011. The second session will take place at 2:00 PM on Wednesday September 14, 2011. Those who wish to attend either of the sessions should RSVP by contacting David Lowin, Vice President of Real Estate at dlowin@bbpnyc.org or (718) 222-9252. Meeting location, directions and specific information will be provided upon RSVP. Interested parties are strongly encouraged to attend one of these events. If you are not able to attend, please contact BBP to indicate your interest in the project so that you will receive any updates or amendments to the RFP. Following the information sessions and site visits, Respondents may submit final questions and/or request clarifications by emailing dlowin@bbpnyc.org. No questions will be accepted after 3:00PM on O ctober 3, 2011. Answers to all questions will be posted at http://www.brooklynbridgeparknyc.org/about-us/business-opportunities not later than close of business on October 11, 2011.

PROCEDURE TO RESPOND TO THIS REQUEST


Respondents must respond in detail to all of the requirements of this RFP. Proposals are not limited to the requirements indicated herein. A Respondent may include any additional information it considers relevant to the response requirements of the RFP. All Proposals must be submitted in accordance with the following procedures: Eight (8) copies of the Proposal and one (1) electronic version of the Proposal, on flash drive or CD, in PDF format (Excel formats for cash flows) must be delivered by 3:00 PM on Monday,
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October 24, 2011, in a sealed envelope identified with the following information printed on the outside of the envelope: Brooklyn Bridge Park Pier 1 Proposal Proposers Name & Address Proposals must be delivered via hand delivery, express mail, or courier service to BBP at the following address: David Lowin VP, Real Estate Brooklyn Bridge Park 334 Furman Street Brooklyn, NY 11201 The Proposal must also include the name, title, address, telephone number, facsimile number and email address of an individual with authority to negotiate and contractually bind the Respondent during the period of the Proposal evaluation. Proposals that are not enclosed in a sealed envelope and/or are not properly labeled and/or are received after the above indicated date and hour and/or are received at a different location and/or are received by a person other than the above named person, may, in BBPs sole discretion, be deemed ineligible. Proposals received by any delivery method other than the method indicated above, shall not be accepted. BBP reserves the right, in its sole discretion, to postpone the submission deadline for Proposals. In case of any such postponement, notice shall be given to the companies to whom this RFP was distributed; any Proposal submitted prior to such postponement may, at the Respondents election, be withdrawn and/or revised and resubmitted. Responses will be reviewed for completeness and responsiveness to the criteria set forth in Proposal Requirements and Selection Process & Criteria sections above. Respondents may receive a request for clarification or supplemental information following the submission due date. Respondents may also receive a request for a final and best offer before a final selection is made. The Selected Developer will be expected to negotiate the Ground Lease with BBP in accordance with the terms of its Proposal and in an expedited manner. However, selection by BBP of a

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Proposal and initiation of negotiations shall not, and shall not be deemed to, obligate BBP to enter into any Ground Lease or other agreement with the Selected Developer.

CONDITIONS, TERMS & LIMITATIONS


BBP reserves the right to postpone or cancel this RFP or reject all proposals, if in its judgment it deems it to be in the best interest of BBP to do so. Respondents are advised that BBP has the option of selecting the proposer without conducting discussions or negotiations. Therefore, Respondents should submit their best proposals initially, since discussions or negotiations may not take place. Respondents are also advised that the award of this RFP is subject to applicable provisions of federal, State, and local laws and executive orders requiring affirmative action and equal employment opportunity. All RFP submission materials become the property of BBP. Proposal submission material will generally be made available for inspection and copying by interested parties upon written request, except when exempted from disclosure under the New York State Freedom of Information Law. BBP is subject to the New York State Freedom of Information Law, which governs the process for the public disclosure of certain records maintained by BBP. ( See Public Officers Law, Sections 87 and 89). Individuals or firms that submit proposals to BBP may request that BBP except all or part of such a proposal from public disclosure, on t he grounds that the proposal contains trade secrets, proprietary information, or that the information, if disclosed, would cause substantial injury to the competitive position of the individual or firm submitting the information. Such exception may extend to information contained in the request itself, if public disclosure would defeat the purpose for which the exception is sought. The request for such an exception must be in writing and state, in detail, the specific reasons for the requested exception. It must also specify the proposal or portions thereof for which the exception is requested. If BBP grants the request for exception from disclosure, BBP shall keep such proposal or portions thereof in secure facilities. BBP shall not be liable for any costs incurred by Respondents in the preparation of proposals or for any work performed in connection therein. Respondents should be aware that this Site will be developed and operated pursuant to a lease issued by BBP.
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A Respondent may submit a modified proposal to replace all or any portion of a proposal submitted up until the proposal submission deadline. BBP will only consider the latest version of the proposal. Late proposals and late modifications will not be considered for evaluation, unless accepted by BBP. Respondents may withdraw their proposals from consideration at any time before the proposal submission deadline by submitting written notice to BBP. A Respondent may not withdraw its proposal before the expiration of forty-five (45) calendar days after the date of the opening of proposals; thereafter a Respondent may only withdraw its proposal by submitting written notice to BBP in advance of an actual grant of a lease. Technical addenda issued by BBP will be the only authorized method for communicating clarifying information to all potential proposers. R espondents should contact BBP before submitting a proposal to verify that they have received any addenda issued. Respondents shall acknowledge the receipt of any addenda in their submissions.

FURTHER INFORMATION
For further information regarding the Proposal requirements or the Site, please contact: David Lowin, Vice President, Real Estate Brooklyn Bridge Park 334 Furman Street Brooklyn, NY 11201 (718) 222-9252 dlowin@bbpnyc.org

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APPENDIX 1A: CONTEXT MAP

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APPENDIX 1B: LAND USE

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APPENDIX 1C: LOCAL POINTS OF INTEREST

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APPENDIX 1D: TRANSPORTATION

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APPENDIX 1E: BROOKLYN HEIGHTS SCENIC VIEW DISTRICT

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APPENDIX 1F: DESIGN GUIDELINES


1. Introduction The Site presents a unique opportunity to create a signature project located in one of New Yorks most important new waterfront parks. T he following guidelines have been established in coordination with The Department of City Planning to ensure the development of a world class hotel and residential project that is fully integrated with the surrounding Fulton Ferry district and Brooklyn Bridge Park. The development should create a high quality environment at Fulton Ferry Landing and the Park at Pier 1, by serving as an anchor to reinforce the lively activity at this urban node as well as extend that energy down Furman Street. The design of the Site should: Reflect excellence and creativity in architecture; Create scale and massing that enhances the surrounding context; Create an active and welcoming entrance to the Park at both Old Fulton Street and the courtyard while creating a cohesive background for the Park; Develop a F urman Street streetscape that provides an enhanced pedestrian experience; and Contribute to a sustainable built environment.

2. The Site As discussed in the Site Description and Context section of this RFP, the Site consists of two parcels: Parcel A, the larger parcel, is located just south of the turnaround area located at the intersection of Furman Street and Old Fulton Street. This parcel is approximately 550 along Furman Street, 528 along the Park by 120 with a total footprint of 64,830 SF. Parcel B, the smaller parcel, is located south of the courtyard area along Furman Street between Pier 1 a nd Pier 2. T his parcel is approximately 294 by 120 with a total footprint of 35,220 SF.

3. Permitted Uses & Access As described in the Development Controls & Guidelines section of this RFP, the permitted uses on the Site are limited by the MGPP to hotel, residential, restaurant and parking uses, and include any uses that are ancillary to a hotel, such as a gym, spa, meeting rooms, banquet hall, retail, and business center uses. To create an alluring and highly visible amenity to Park visitors, all Proposals are strongly encouraged to comply with the following building program. Hotel and ancillary uses should be located in Parcel A with the primary entrance to the hotel on the north faade. Service entrances to the hotel may be located along Furman Street. Residential uses may be located in both Parcel A and Parcel B. The entrances to the residential uses in Parcel B may be on the north faade facing the courtyard or on the east
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faade along Furman Street. The entrances to the residential uses in Parcel A may be on the south faade, facing the courtyard, or on the east faade facing Furman Street. Parking uses (300 spaces or as otherwise discussed in the RFP) may be located in either Parcel A or Parcel B, or split between the two parcels. P arking uses may be accessed from the north, east or south faade of Parcel A, and the north or east faade of Parcel B. Restaurant uses must be located in Parcel A and in no event may exceed 17,500 SF in the aggregate per MGGP requirements. To maximize the Parks visibility and accessibility, a restaurant must be located at the northwest corner of Parcel A that includes a small plaza with outdoor seating. In the event this restaurant is less than 17,500 SF, Respondents are encouraged to include any additional restaurants on higher floors with outdoor spaces that take advantage of building setbacks.

4. Height As described in the Development Controls & Guidelines section of this RFP, the maximum height allowed by the MGPP is 100on Parcel A and 55 on Parcel B. Please also note that almost all of Parcel B and a small portion of Parcel A fall within the SV-1 special zoning district described in the Development Controls & Guidelines section of this RFP, which may further limit the height in those areas. A map showing the boundaries of the SV-1 district can be seen in Appendix 1E. In addition, Respondents are strongly encouraged to transition in height down to no more than 34 within 80 feet of the southern courtyard, limiting the height of the southern section of Parcel A, across Furman Street from Squibb Park, in order to protect the views of the East River from Squibb Park. 5. Massing A development should integrate well into its neighborhood context, and within its design exhibit architectural variation and articulation in both horizontal (lower base, upper base, and top) and vertical orientations (appearance of multiple buildings on a block). Both buildings are very long volumes; the design of the buildings should be conscious to provide for both visual interest and coherence between the urban edge and park/waterfront edge. The overall massing should provide continuous variety, through changes in height, plane, fenestration pattern, massing articulation/ setbacks, and vertical division, particularly along the long (293 and 550) parcel frontages along Furman Street and the Park. Each building should exhibit thoughtful and unique architectural treatment including fenestration, materials, and structural expression, depth of faade, and massing articulation. Careful attention must be paid to the definition and articulation of a clear lower base, upper base, and top for each building elevation. The design should integrate and articulate the parapets and/or cornice lines at the buildings terraces/setbacks and roof levels. Respondents should consider buildings that completely cover the footprint of Parcel A and Parcel B on the ground floor, using setbacks on higher floors to break up the massing and allow for the creation of upper floor terraces for restaurant, hotel, public and residential uses.

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6. Ground Level Facades The ground one-two floors, or lower base of the building should address the pedestrian scale by defining a cl ear street wall with active uses, transparency, or other treatment abutting the sidewalk, entryways, and park. Large areas of blank wall should be avoided, including along the western berm edge. The depth, texture, vertical rhythm and increased detail on t hese lower portions of the faade should be carefully employed to enhance the pedestrian experience. If required, blank walls for service or utility areas should be screened with planting or other treatment (art wall, etc.). The ground floor frontage of the building along the entry areas adjacent to the drop offs and fronting onto the north side of Parcel A, and on the courtyard between Parcel A & Parcel B should provide at least 60% glazing up to a height of 12 feet. In addition, Respondents are encouraged to incorporate the following guidelines for each ground level facade into their design: Parcel A: o North Faade: The main entrance to the hotel should be located on the north faade. o East Faade: Respondents are encouraged to activate the frontage along Furman Street to the extent feasible. This may include retail use, building entrances, display windows, or other methods. Additionally, service entrances may be allowed along this faade. o South Faade: The south faade may be the location for a pedestrian entrance to the residential section of Parcel A or the entrance to the parking garage. o West Faade: A restaurant should be located at the north end of this faade, adjacent to the outdoor plaza (see Site Map in the Site Description and Context section of the RFP). This faade should also include the entrance to the public restrooms. The southern end of this faade will be covered by the landscaped buffer at the ground level. Parcel B: o North Faade: The north faade may be the location for a pedestrian entrance to the building or the entrance to the parking garage. o East Faade: Respondents are encouraged to activate the frontage along Furman Street to the extent feasible. This may include retail use, building entrances, display windows, or other methods. Additionally, service entrances may be allowed along this faade. o South Faade: This faade will abut a future planned two-story maintenance and administrative facility and therefore should have no windows or doors along the lower half of this elevation o West Faade: This faade will be covered by the landscaped buffer at the ground level.
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7. Sidewalks Respondents are encouraged to include sidewalk widths from building to curb on Furman Street at a minimum of 12 wide (and ideally 15 wide), including an amenity strip for planting, street trees, and street furnishing. The pedestrian clear path from Furman Street to the park entrance between parcel A and parcel B on each side of the vehicular drop off should be at least 10 wide. Please note that in some locations the building may have to be set back from the lot line to accommodate the recommended sidewalk widths. Entry canopies will be limited to the width of the adjacent pedestrian path along the building edge. 8. Materials Materials chosen for building facades should be sympathetic to the park setting and be a thoughtful addition to the park aesthetic. All materials used in the buildings should be durable, easy to maintain and not negatively impact public areas through glare, shedding of rain or snow, air exhaust, or other nuisances. All materials and detailing should indicate high-quality residential and hotel buildings. 9. Parking, Loading and Drop-Offs All off-street parking spaces should be located within facilities so that no portion of such parking facility is visible from adjoining streets or publicly accessible areas. Curb cuts should be located at least 30 feet from the corners of buildings and should be limited to 25 for two-way driveways and 12 feet for one-way driveways. Any loading should be configured to avoid trucks backing out onto Furman Street if possible. There should be no garage or vehicular entrances on the north side of Parcel A. Respondents are encouraged to design taxi cab queuing and passenger drop-off areas that minimize conflicts with pedestrians and visitors entering the Park. 10. City Scale A development should provide for a varied and active cityscape while carefully considering program and massing configurations that best establish clear relationships between public and private space, activity zones, necessary urban or natural infrastructures, and other larger-scale urban systems. The Parcel A and B buildings should differ from each other yet create a visual ensemble, both as a backdrop for the park and a desirable urban context for Furman Street. Bulkheads and rooftops must be well integrated into the design, a 5th faade of the building with full design consideration including roof gardens, terraces, and parapets. Architectural and landscape screening should be used to obscure mechanical equipment and contribute to the profile and silhouette of the building from the Promenade, Park, and the waterfront. The relationship of the buildings to the park landscape and topography should be well considered to balance, define, and activate the public-private edge of the development. Curvilinear or other various natural forms that refer to the waterfront and/or the Parks visual language are encouraged. The use of visually legible sustainability and environmental design elements (trellises, energy and water systems, faade depth and/or shading devices that response to orientation/ environmental conditions, etc.) is encouraged.
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11. Signage All signage must be appropriate for the Park setting and be approved by BBP. 12. Sustainability The development should comply with LEED Silver sustainability requirements as d iscussed in the Proposal Requirements section of this RFP. 13. Street Tree Planting All Proposals must include street trees along the Furman Street sidewalk at intervals consistent with the Zoning Resolution.

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APPENDIX 2: VENDEX AND BACKGROUND QUESTIONNAIRE FORMS


(Immediately follows)

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APPENDIX 3: GREEN BUILDING INFORMATION


BACKGROUND INFORMATION FOR HIGH PERFORMANCE/GREEN BUILDING DEVELOPMENT
Please refer to the following list of Internet resource sites to facilitate your high performance/green building research. In addition, please refer to LEED and the New York State Green Building Tax Credit guidelines.

USGBC LEED CHECKLIST

FOR

NEW

CONSTRUCTION

AND

MAJOR

RENOVATION

LEED for New Construction v2.2 Registered Project Checklist


Project Name: Project Address:
Yes ? No

Sustainable Sites

14 Points

Prereq 1 Credit 1 Credit 2 Credit 3 Credit 4.1 Credit 4.2 Credit 4.3 Credit 4.4 Credit 5.1 Credit 5.2

Construction Activity Pollution Prevention Site Selection Development Density & Community Connectivity Brownfield Redevelopment Alternative Transportation, Public Transportation Access Alternative Transportation, Bicycle Storage & Changing Rooms Alternative Transportation, Low-Emitting & Fuel-Efficient Vehicles Alternative Transportation, Parking Capacity Site Development, Protect or Restore Habitat Site Development, Maximize Open Space

Required 1 1 1 1 1 1 1 1 1

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Credit 6.1 Credit 6.2 Credit 7.1 Credit 7.2 Credit 8


Yes ? No

Stormwater Design, Quantity Control Stormwater Design, Quality Control Heat Island Effect, Non-Roof Heat Island Effect, Roof Light Pollution Reduction

1 1 1 1 1

Water Efficiency

5 Points

Credit 1.1 Credit 1.2 Credit 2 Credit 3.1 Credit 3.2

Water Efficient Landscaping, Reduce by 50% Water Efficient Landscaping, No Potable Use or No Irrigation Innovative Wastewater Technologies Water Use Reduction, 20% Reduction Water Use Reduction, 30% Reduction

1 1 1 1 1

Yes

No

Energy & Atmosphere

17 Points

Y Y Y

Prereq 1 Prereq 2 Prereq 3

Fundamental Commissioning of the Building Energy Systems Minimum Energy Performance Fundamental Refrigerant Management

Required Required Required

*Note for EAc1: All LEED for New Construction projects registered after June 26th, 2007 are required to achieve at least two (2) points under EAc1.

Credit 1

Optimize Energy Performance 10.5% New Buildings or 3.5% Existing Building Renovations 14% New Buildings or 7% Existing Building Renovations 17.5% New Buildings or 10.5% Existing Building Renovations 21% New Buildings or 14% Existing Building Renovations

1 to 10 1 2 3 4

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24.5% New Buildings or 17.5% Existing Building Renovations 28% New Buildings or 21% Existing Building Renovations 31.5% New Buildings or 24.5% Existing Building Renovations 35% New Buildings or 28% Existing Building Renovations 38.5% New Buildings or 31.5% Existing Building Renovations 42% New Buildings or 35% Existing Building Renovations
Credit 2

5 6 7 8 9 10 1 to 3 1 2 3 1 1 1 1

On-Site Renewable Energy 2.5% Renewable Energy 7.5% Renewable Energy 12.5% Renewable Energy

Credit 3 Credit 4 Credit 5 Credit 6

Enhanced Commissioning Enhanced Refrigerant Management Measurement & Verification Green Power

Yes

No

Materials & Resources

13 Points

Prereq 1 Credit 1.1 Credit 1.2 Credit 1.3 Credit 2.1 Credit 2.2 Credit 3.1 Credit 3.2

Storage & Collection of Recyclables Building Reuse, Maintain 75% of Existing Walls, Floors & Roof Building Reuse, Maintain 95% of Existing Walls, Floors & Roof Building Reuse, Maintain 50% of Interior Non-Structural Elements Construction Waste Management, Divert 50% from Disposal Construction Waste Management, Divert 75% from Disposal Materials Reuse, 5% Materials Reuse,10%

Required 1 1 1 1 1 1 1

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Credit 4.1 Credit 4.2 Credit 5.1 Credit 5.2 Credit 6 Credit 7
Yes ? No

Recycled Content, 10% (post-consumer + pre-consumer) Recycled Content, 20% (post-consumer + pre-consumer) Regional Materials, 10% Extracted, Processed & Manufactured Regionally Regional Materials, 20% Extracted, Processed & Manufactured Regionally Rapidly Renewable Materials Certified Wood

1 1 1 1 1 1

Indoor Environmental Quality

15 Points

Y Y

Prereq 1 Prereq 2 Credit 1 Credit 2 Credit 3.1 Credit 3.2 Credit 4.1 Credit 4.2 Credit 4.3 Credit 4.4 Credit 5 Credit 6.1 Credit 6.2 Credit 7.1 Credit 7.2 Credit 8.1 Credit 8.2

Minimum IAQ Performance Environmental Tobacco Smoke (ETS) Control Outdoor Air Delivery Monitoring Increased Ventilation Construction IAQ Management Plan, During Construction Construction IAQ Management Plan, Before Occupancy Low-Emitting Materials, Adhesives & Sealants Low-Emitting Materials, Paints & Coatings Low-Emitting Materials, Carpet Systems Low-Emitting Materials, Composite Wood & Agrifiber Products Indoor Chemical & Pollutant Source Control Controllability of Systems, Lighting Controllability of Systems, Thermal Comfort Thermal Comfort, Design Thermal Comfort, Verification Daylight & Views, Daylight 75% of Spaces Daylight & Views, Views for 90% of Spaces

Required Required 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1

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Yes

No

Innovation & Design Process

5 Points

Credit 1.1 Credit 1.2 Credit 1.3 Credit 1.4 Credit 2

Innovation in Design: Provide Specific Title Innovation in Design: Provide Specific Title Innovation in Design: Provide Specific Title Innovation in Design: Provide Specific Title LEED Accredited Professional

1 1 1 1 1

Yes

No

Project Totals (pre-certification estimates)

69 Points

Certified: 26-32 points, Silver: 33-38 points, Gold: 39-51 points, Platinum: 52-69 points

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GREEN BUILDING FUNDING SOURCES New York State Green Building Tax Credit
Legislation passed in 2000 established a Green Building Tax Credit to be used against various business and personal income taxes. The Green Building Tax Credit provides for tax credits to owners and tenants of eligible buildings and tenant spaces which meet certain "green" standards. These standards increase energy efficiency, improve indoor air quality, and reduce the environmental impacts of large commercial and residential buildings in New York State, among other benefits.

The 2000 legislation (Period one) allowed applicants to apply for a Credit Component Certificate in years 2001-2004 and to claim the credits over five years. It provided for $25 million in credit certificates. New legislation passed in 2005 (Period two) to amend the Green Building Tax Credit Program provided an additional $25 million in credits. The aggregate amount of credit components that will be permitted for each building is $2 million. Under the new legislation, the New York State Department of Environmental Conservation (DEC) has from 2005 through 2009 to accept applications for and issue initial credit component certificates for this additional $25 million. If certificates have not been issued for the entire amount of $25 million by the end of 2009, the program will be extended into 2010. Taxpayers who are issued an Initial Credit Component Certificates for Period two will have nine taxable years (2006-2014) to claim the credits. The existing GBTC regulations are being updated and Respondents should refer to the contacts below for more information.

New York State Department of Taxation and Finance Business Tax Hotline: 1.800.972.1233 General Tax Information Hotline: 1.800.225.5829

New York State Energy Research and Development Authority Craig Kneeland, Project Manager 518.862.1090 ext. 3311

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e-mail: cek@nyserda.org

New York State Department of Environmental Conservation James Austin, Assistant Commissioner Phone: 518.485.8437 e-mail: jdaustin@gw.dec.state.ny.us website: http://www.dec.state.ny.us

New York State Energy and Research Development Authority (NYSERDA)


NYSERDA provides computer modeling, design charrette coordination, assistance in obtaining LEED certification, Executive Order 111 assistance, New York State Green Buildings Tax Credit assistance, green materials recommendations, commissioning and life cycle costing analysis to building design teams to help make new and rehabilitated commercial, industrial, and institutional buildings green. Green Building services are offered under the New Construction program PON 1155. Energy efficiency services to new building construction and renovations are offered under the New Construction Program on a first come first served basis. Capital cost incentives are calculated using energy performance and technical assistance is provided on a cost-shared basis.

Since 1999, NYSERDA has given more than $92 million in federal and State funds to provide assistance for projects affecting more than 137 million square feet of building space in New York State. Its clients have included the Durst Organization, Hearst Corporation, New York Times, Blue Cross/Blue Shield, Frito Lay, NYS Teachers Retirement System, Enable, Common Fire Foundation, Octagon Park, Goldman Sachs, the Center for Discovery, Upstate Farms Cooperative, Strong National Museum of Play, World Trade Center 7, the New York City Department of Design and Construction, Board of Education, and Office of Management and Budget, etc. For more information about NYSERDAs building programs, contact: NYSERDA Technical Communications Unit, Corporate Plaza West 286 Washington Avenue Extension Albany, NY 12203-6399 Phone: 518.862.1090 ext 3250
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website: http://www.nyserda.org

GREEN BUILDING PROGRAM INFORMATION New York State Energy and Research Development Authority
For more information about NYSERDAs building Programs, contact: NYSERDA Technical Communications Unit, Corporate Plaza West 286 Washington Avenue Extension Albany, NY 12203-6399 Phone: 518.862.1090 ext 3250 website: http://www.nyserda.org

United States Department of Energy


For more information about USDOE building programs, contact: Dru Crawley 1000 Independence Avenue, SW Washington, DC 20585 Phone: 202.586.2344 Fax: 202.586.1628 e-mail: drury.crawley@ee.doe.gov website: http://www.doe.gov

GREEN BUILDING RESOURCES:


American Council for an Energy-Efficient Economy Energy Efficiency and Renewable Energy Network (EREN) Energy Star Program (U.S. EPA) http://www.aceee.org http://www.eren.doe.gov http://www.energystar.gov
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Environmental Building News Environmental Defense Fund National Resources Defense Council New York State Energy and Research Development Authority Rocky Mountain Institute Southface Energy Institute US Department of Energy US Environmental Protection Agency US Green Building Council

http://www.ebuild.com http://www.edf.org http://www.nrdc.org http://www.nyserda.org http://www.rmi.org http://www.southface.org http://www.doe.gov http://www.epa.gov http://www.usgbc.org

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APPENDIX 4: DOING BUSINESS DATA FORM


(Immediately follows)

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APPENDIX 5: M/WBE PLAN

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NON-DISCRIMINATION AND AFFIRMATIVE ACTION CONSTRUCTION CONTRACT PROVISIONS I. Policy

Pursuant to the MGPP, ESDCs non discrimination and affirmative action policies will apply. It is the policy of BBP to comply with the all federal, State and local law, policy, orders, rules and regulations which prohibit unlawful discrimination because of race, creed, color, national origin, sex, sexual orientation, age, disability or marital status, and to take affirmative action to ensure that Minority and Women-owned Business Enterprises (M/WBEs), Minority Group Members and women share in the economic opportunities generated by BBPs participation in projects or initiatives, and/or the use of BBP funds. 1) The Contracting Party represents that its equal employment opportunity policy statement incorporates, at a minimum, the policies and practices set forth below: (a) Contracting Party shall (i) not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, sexual orientation, age, disability or marital status, (ii) undertake or continue existing programs of affirmative action to insure that Minority Group Members and women are afforded equal employment opportunities without discrimination, and (iii) make and document its conscientious and active efforts to employ and utilize Minority Group Members and women in its workforce on Contracts. Such action shall be taken with reference to, but not limited to, recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training. At the request of the AAO, the Contracting Party shall request each employment agency, labor union, or authorized representative of workers with whom it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union, or representative does not unlawfully discriminate, and that such union or representative will affirmatively cooperate in the implementation of the Contracting Party's obligations herein.

(b)

(2)

Commencing not more than 30 days after (i) execution of the Contract, or (ii) start of construction, the Contracting Party shall submit to the AAO a Monthly Employment Utilization Report (Schedule F-1) of the workforce actually utilized on the Contract, itemized by ethnic background, gender, and Federal Occupational Categories or other appropriate categories specified by the AAO.

The Contracting Party shall include, or cause to be included, the provisions of clauses (1) and (2) in every Contract or purchase order that it enters into in order to fulfill its obligations under the Contract, in such a manner that such provisions will be binding upon each and every Contracting Party with respect to any Contract or Subcontract. II. Goals for Minority and Women-Owned Business Enterprise Participation (a) (b) The Contracting Party is required to use its best efforts to achieve an overall M/WBE participation goal of 20 % of the total dollar value of the Contract. The goal for M/WBE participation in the performance of the work is expressed as a percentage of the contract price.

(c)

The total dollar value of the work performed by M/WBEs will be determined as: (i) the dollar value of the work subcontracted to M/WBEs; (ii) where the Contracting Party is a joint venture, association, partnership or other similar entity including one or more M/WBEs -- the contract price multiplied by the percentage of the entitys profits/losses which are to accrue to the M/WBE(s) under the Contracting Partys agreement; or (iii) where the M/WBE is the Contracting Party -- the contract price. The Contracting Party shall include, or cause to be included, the provisions of clauses (a) through (c) in every Contract or purchase order that it e nters into in order to fulfill its obligations under the Contract, in such a manner that such provisions will be binding upon each and every Contracting Party with respect to any Contract or Subcontract.

(d)

III.

Goals for Minority and Female Workforce Participation (a) Contracting Party is required to use its best efforts to achieve the overall goal of 25 % minority and female workforce (M/FWF) participation in the work performed pursuant to Contracts entered into in connection with the project or initiative. The M/FWF participation goals are expressed as a percentage equal to the person hours of training and employment of minority or female workers, as the case may be, used by any Contracting Party, divided by the total person hours of training and employment of all workers (including supervisory personnel). The required participation for minority and female employment and training must be substantially uniform throughout the work. Contracting Party shall not participate in the transfer of minority or female employees or trainees from employer-to-employer or from project-to-project for the sole purpose of meeting the Contracting Partys obligations herein. In striving to achieve the goals for M/FWF participation, Contracting Party shall use its best efforts to identify and employ qualified minority and female supervisory personnel and journey persons. The non-working hours of trainees or apprentices may not be considered in meeting the goals for M/FWF participation contained herein unless: (i) such trainees or apprentices are employed by Contracting Party during the training period; (ii) the Contracting Party has made a commitment to employ the trainees or apprentices at the completion of their training, subject to the availability of employment opportunities; and (iii) the trainees are trained pursuant to an approved training program. The Contracting Party shall include, or cause to be included, the provisions of clauses (a) through (f) in every Contract or purchase order that it e nters into in order to fulfill its obligations under the Contract, in such a manner that such provisions will be binding upon each and every Contracting Party with respect to any Contract or Subcontract.

(b)

(c) (d)

(e) (f)

(g)

IV.

Reporting Requirements

The Contracting Party will permit access to its books, records and accounts, with respect to the Contract, by the AAO for purposes of investigation to ascertain compliance with the provisions herein. Upon request, the Contracting Party shall periodically file, or cause to be filed, reports, substantially in the format attached hereto as Schedule F-1 and F-2 (MBE/WBE Compliance Report to be filed monthly), with the AAO detailing compliance with the provisions of these non-discrimination and affirmative action clauses. Accuracy of the information contained in the reporting documentation shall be certified to by an owner or officer of the Contracting Party.

V.

Non-Compliance and Sanctions

In the event that any Contracting Party violates any of the provisions herein, the BBP may require that the following sanctions and remedies for non-compliance be imposed: (a) (b) Summon the Contracting Party for a hearing with the AAO. After any such hearing, and a determination by the AAO that the Contracting Party has failed to comply with any of these provisions, and the passage of time in which to remedy such failure has transpired, this Contract may be canceled, terminated or suspended, in whole or in part. Alternatively, the AAO, in his/her sole discretion, may assess liquidated damages against the Contracting Party for failure to demonstrate its best efforts in complying with the affirmative action program. Liquidated damages may be assessed in an amount equal to the dollar value of Contracts that would have been realized by M/WBEs if the goals had been achieved. If such an award is assessed against any Contracting Party, (i) the amount of such assessment may be withheld from any monies due to the Contracting Party by the BBP or; (ii) may be paid to the BBP by the Contracting Party that has been found to fail to comply with the affirmative action program. Such sanctions that may be imposed and remedies invoked hereunder, shall be considered independent of, or in addition to, sanctions and remedies otherwise provided by law.

(c)

(d)

BBP NON-DISCRIMINATION AND AFFIRMATIVE ACTION DEFINITIONS

Affirmative Action Shall mean the actions to be undertaken by the Borrower, Grantee and any Contracting Party in connection with any project or initiative to ensure non-discrimination and Minority/Women-owned Business Enterprise and minority/female workforce participation, as set forth in Sections II and III herein, and developed by BBP. Affirmative Action Officer (AAO) Shall mean BBPs Affirmative Action Officer or his/her designee, managing the affirmative action program for BBP. Contract Shall mean (i) a written agreement or purchase order instrument, or amendment thereto, executed by or on behalf or a Contracting Party, providing for a total expenditure in excess of $5,000 for labor, services, supplies, equipment, materials or any combination of the foregoing funded in whole or in part with BBP funds and (ii) any loan or grant agreement funded in whole or in part with BBP funds. Contracting Party Shall mean (i) any contractor, subcontractor, consultant, subconsultant or vendor supplying goods or services, pursuant to a contract or purchase order in excess of $1,500, in connection with any projects or initiatives funded in whole or in part by the BBP and (ii) any borrower or grantee receiving funds from the BBP pursuant to a loan or grant document. Subcontract Shall mean an agreement providing for a total expenditure in excess of $1,500 between a Contracting Party and any individual or business enterprise, for goods or services rendered in connection with any project or initiative funded in whole or in part with BBP funds. Minority Business Enterprise (MBE) Shall mean a business enterprise, including a sole proprietorship, partnership or corporation that is: (i) at least fifty-one percent (51%) owned by one or more Minority Group Members; (ii) an enterprise in which such minority ownership is real, substantial and continuing; (iii) an enterprise in which such minority ownership has and exercises the authority to control and operate, independently, the day-to-day business decisions of the enterprise; (iv) an enterprise authorized to do business in the State of New York and is independently owned and operated; and (v) an enterprise certified by New York State as a minority business. Minority Group Member Shall mean a United States citizen or permanent resident alien who is and can demonstrate membership in one of the following groups: (i) Black persons having origins in any of the Black African racial groups; (ii) Hispanic persons of Mexican, Puerto Rican, Dominican, Cuban, Central or South American descent of either Indian or Hispanic origin, regardless of race; (iii) Asian and Pacific Islander persons having origins in any of the Far East countries, South East Asia, the Indian subcontinent or the Pacific Islands; and (iv) Native American or Alaskan native persons having origins in any of the original peoples of North America. Women-owned Business Enterprise (WBE) Shall mean a business enterprise, including a sole proprietorship, partnership or corporation that is: (i) at least fifty-one percent (51%) owned by one or more citizens or permanent resident aliens who are women; (ii) an enterprise in which the ownership interest of such women is real, substantial and continuing; (iii) an enterprise in which such women ownership has and exercises the authority to control and operate, independently, the day-to-day business decisions of the enterprise; (iv) an enterprise authorized to do business in the State of New York and is independently owned and operated; and (v) an enterprise certified by New York State as woman-owned.

BBP NON-DISCRIMINATION AND AFFIRMATIVE ACTION DEFINITIONS

Best Efforts - Minority and Women-owned Business Enterprise Participation Best efforts are not limited to the efforts specified herein, and the role of M/WBE firms are not restricted to that of a subcontractor/subconsultant. Where applicable, M/WBE firms should be considered for roles as prime contractors. Such best efforts shall include at least the following: (a) (b) Dividing the contract work into smaller portions in such a manner as to permit subcontracting to the extent that it is economically and technically feasible to do so; Actively and affirmatively soliciting bids from qualified M/WBEs, including circulation of solicitations to minority and women's trade associations. Each Contracting Party shall maintain records detailing the efforts made to provide for meaningful M/WBE participation in the work. Such record keeping must include the names and addresses of all M/WBEs contacted and, if an M/WBE is the low bidder and is not selected for such work or portion thereof, the reasons for such decision; Making plans and specifications for prospective work available to M/WBEs in sufficient time for review; Utilizing the services and cooperating with those organizations providing technical assistance to the Contracting Party in connection with potential M/WBE participation on the Contract; Utilizing the resources of the AAO to identify New York State certified M/WBE firms for the purpose of soliciting bids and subcontracts; and Encouraging the formation of joint ventures, associations, partnerships, or other similar entities , where appropriate, to ensure that the Contracting Party will meet its obligations herein. The Contracting Party shall remit payment in a timely fashion.

(c) (d) (e) (f) (g)

Best Efforts - Minority Group Member and Female Workforce Participation Best efforts to provide for meaningful Minority Group Member and female workforce participation shall include at least the following in connection with the work: (a) Ensure and maintain a working environment free of harassment, intimidation, and coercion at the premises. The Contracting Party shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the obligation to maintain such a working environment, with specific attention to Minority Group Member or female individuals working at the premises; State in all solicitations or advertisement for employees that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, sex, sexual orientation, age disability or marital status; Send to each labor union or representative of workers with which a co llective bargaining agreement or understanding is in place, a notice advising the said labor union or workers representative of commitments under this Section, and post copies of the notice in conspicuous places available to employees and applicants for employment; Establish and maintain a current list of Minority Group Member and female recruitment sources and community organizations, and provide written notification to them when employment opportunities are available. Maintain a record of the organizations responses;

(b)

(c)

(d)

BBP NON-DISCRIMINATION AND AFFIRMATIVE ACTION DEFINITIONS (e) Maintain a current file of the name, address and telephone number of each Minority Group Member and female applicant and any referrals from a union, recruitment source or community organization, and of the action taken with respect to each individual. If such individual was sent to the union hiring hall for referral and was not referred back by the union or, if referred, was not employed, this shall be documented in writing in the file with the reasons therefor; along with whatever additional actions the Contracting Party may have taken; Disseminate the Contracting Partys equal employment opportunity policy by providing notice of the policy to unions and training programs and requesting their cooperation in meeting its Equal Employment Opportunity obligations, by including it in any policy manual and collective bargaining agreement, by publicizing it in the company newspaper, annual report, and other similar items, by specific review of the policy with all management personnel and with all Minority Group Member and female employees at least once a year, and by posting the company Equal Employment Opportunity policy on bulletin boards accessible to all employees at each location where work is performed under this Contract; Disseminate the Contracting Partys Equal Employment Opportunity policy externally by including it in any advertising in the news media, specifically including Minority Group Member and female news media, and providing written notification to and discussing the Equal Employment Opportunity policy with any contractor with whom the Contracting Party does or anticipates doing business; and, Ensure that all facilities and company activities are non-segregated except that separate or single-user toilets and necessary changing facilities shall be provided to assure privacy between the sexes.

(f)

(g)

(h)

SCHEDULE F-2

MBE/WBE COMPLIANCE REPORT CONSTRUCTION


(to be filed monthly) _____________________ BBP AA REPRESENTATIVE: PROJECT NAME: PROJECT START DATE: PERCENT COMPLETE: _________________________ _____________ __________________________ _____________

PROJECT SPONSOR/DEVELOPER: ADDRESS:

TELEPHONE: CONTACT PERSON:

ACTUAL COMPLETION:

Attach M/WBE contract documentation, i.e. executed contracts, final lien waivers, signed purchase orders or canceled checks. This report should be completed by an officer of the reporting company, and forwarded to the BBP AA Representative with the appropriate documentation.

PRIME CONTRACTOR (Name, Address, Contact Person and Phone)

CONTRACT AMOUNT

MBE/WBE SUBCONTRACTOR (Name, Address, Contact Person and Phone)

SCOPE OF SERVICES

MBE/WBE CONTRACT AMOUNT

MBE/WBE PAYMENT PREVIOUS REPORT

MBE/WBE PAYMENT CURRENT REPORT

MBE/WBE AMOUNT PAID TO DATE

CERTIFICATION: I, herein is complete and accurate. SIGNATURE Forward to: Brooklyn Bridge Park Affirmative Action Officer 334 Furman Street Brooklyn, NY 11201

(Print Name), the DATE

(Title), do certify that (i) I have read this Compliance Report and (ii) to the best of my knowledge, information and belief the information contained

Office: (718) 222-9939

Fax: (718) 222-9258

Schedule F-1

MONTHLY EMPLOYMENT UTILIZATION REPORT


(See reverse side for instructions)

COMPANY NAME:

PROJECT NAME:

CONTRACTOR START DATE:

ADDRESS:

PROJECT LOCATION:

ESTIMATED COMPLETION DATE:

TELEPHONE NUMBER:

COUNTY:

ZIP:

PERCENT OF JOB COMPLETED (for reporting

period):

FEDERAL ID NO.:

REPORTING PERIOD:

Month

Year

CONTRACT NO.:

CHECK IF NOT-FOR-PROFIT 9

CONTRACT AMOUNT:

1. WORKER HOURS OF EMPLOYMENT


CLASSIFICATION
1a. ALL WORKER HOURS 1b. BLACK (Not of Hispanic Origin) 1c. HISPANIC 1d. ASIAN or PACIFIC ISLANDER 1e. NATIVE AMERICAN/ ALASKAN NATIVE MALE FEMALE MALE

2. NO. OF WORKERS
2a. ALL 2b. MINORITY

3. CONSTRUCTION TRADES
FEMALE MALE FEMALE

MALE Supervisory Journey Worker Apprentice Trainee Subtotal Journey Worker Apprentice Trainee Subtotal Journey Worker Apprentice Trainee Subtotal TOTAL SUPERVISORS TOTAL JOURNEY WORKERS TOTAL APPRENTICES TOTAL TRAINEES GRAND TOTAL

FEMALE

TOTAL

MALE

FEMALE

MALE

FEMALE

MALE

FEMALE

CERTIFICATION: I, information contained herein is complete and accurate. SIGNATURE

(Print Name), the DATE

(Title), do certify that (i) I have read this Monthly Employment Utilization Report and (ii) to the best of my knowledge, information and belief the

MONTHLY EMPLOYMENT UTILIZATION REPORT

Instructions for Completion


The Monthly Employment Utilization Report (MEUR) is to be completed by each subject contractor (both Prime and Sub) and signed by a responsible official of the company. The reports are to be filed by the 5th day of each month during the term of the project, and they shall include the total work-hours for each employee classification in each trade in the covered area for the monthly reporting period. The prime contractor is responsible for submitting its subcontractors report, along with its own. Additional copies of this form may be obtained from Brooklyn Bridge Park (BBP).

Minority:
women.

Includes Blacks, Hispanics, Native Americans, Alaskan Natives, and Asian and Pacific Islanders, both men and

1.

Worker Hours of Employment (a-e): a) All Worker Hours:

The total number of male hours, the total number of female hours, and the total of both male and female hours worked under each classification. The total number of male hours and the total number of female hours worked by each specified group of minority worker in each classification.

b) through e) Minority Worker Hours

2.

Number of Workers (a-b): a) All Workers b) Minority Workers

Total number of males and total number of females working in each classification of each trade in the contractors aggregate workforce during reporting period. Total number of male minorities and total number of female minorities working in each classification, in each trade in the contractors aggregate workforce during reporting period.

3.

Construction Trade:

Only those construction crafts which contractor employs in the covered area.

Construction Trades include: Field Office Staff (Professionals and Office/Clerical), Laborers,
Equipment Operators, Surveyors, Truck Drivers, Iron Workers, Carpenters, Cement Masons, Painters, Electricians, Plumbers and Other.

Note: BBP may demand payroll records to substantiate work hours listed on the Monthly Employment Utilization Report, if discrepancies should arise.

OCCUPATIONAL CODES
Officials/Administrators Professionals Technicians Sales Workers Office & Clerical Craft Workers Operatives Laborers Service Workers 100 110 120 130 140 150 160 170 180

FORWARD TO:
Brooklyn Bridge Park Affirmative Action Officer 334 Furman Street Brooklyn, NY 11217 Office: (718) 222-9939 FAX: (718) 222-9258

APPENDIX 6: STATEMENT OF AGREEMENT

(On company letterhead)

Date:

Brooklyn Bridge Park 334 Furman Street Brooklyn, NY 11201 Attn: David Lowin, Vice President, Real Estate Dear Mr. Lowin: This letter hereby certifies that [Respondent] has read this RFP and the Appendices fully and agrees to the terms and conditions set forth in this RFP and Appendices. Sincerely,

Respondent Respondent Title [must be authorized principle or officer of the respondent]

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