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THE CITY RECORD

5466

noise level not greater than 45 dBA for residential and community facility or not greater than 50 dBA for commercial office uses as illustrated in the EAS. To maintain a closed-window condition, an alternate means of ventilation must also be provided. Alternate means of ventilation includes, but is not limited to, air conditioning.
Statement of No Significant Effect:
The Environmental Assessment and Review Division of the Department of City Planning, on behalf of the City Planning Commission, has completed its technical review of the Environmental Assessment Statement, dated October 21, 2022, prepared in connection with the ULURP Application Nos 220283ZMX and N220284ZRX. The City Planning Commission has determined that the proposed action will have no significant effect on the quality of the environment, once it is modified as follows:
The Applicant agrees to enter into a Restrictive Declaration RD to ensure the implementation of Project Components Related to the Environment PCREs relating to transportation and construction noise that would avoid the potential for any significant adverse impacts. The PCREs are as follows:
1.

The Applicant shall implement as part of its development of the Project Site, and at its sole cost and expense, the following construction noise PCREs:
a.

Source Controls listed below shall be implemented beyond existing New York regulations for construction of the proposed project:
i.

ii.

The applicant commits to achieving specific construction equipment noise levels identified in the EAS through the use of quieter equipment, better engine mufflers, refinements in fan design, and improved hydraulic systems.
Pile installation and foundation elements shall be constructed by drilling rather than impact pile driving.

iii. Concrete pump and mixer trucks will not be used during superstructure construction.
b.

2.

Path Controls listed below shall be implemented beyond existing New York regulations for the construction of the proposed project:
i.

Concrete operations, including pumps and trucks, would occur within a 12-foot plywood enclosure along Barnes and Matthews Avenues.

ii.

Path noise control measures e.g., portable noise barriers, panels, enclosures, and acoustical tents for generators would be implemented. The details to construct portable noise barriers, enclosures, tents, etc., are noted in DEPs Rules for Citywide Construction Noise Mitigation.

The Applicant shall implement, at its sole cost and expense, the following transportation measures:
a.

The applicant shall develop and submit a plan for review and approval by NYC DOT to re-stripe the northeast-bound Boston Road approach at Allerton Avenue to widen the left lane from 9-6 to 11. The two through lanes would be narrowed from 10-6 to 10 and 12 to 11. The 8-wide parking lane would remain the same. The improvement would apply to all time periods.

THURSDAY, NOVEMBER 3, 2022

DESIGN AND CONSTRUCTION
NOTICE

On behalf of all New York City agencies and entities subject to the New York City Procurement Policy Board PPB Rules, the New York City Department of Design and Construction DDC hereby requests approval to use the Innovative Procurement method, pursuant to PPB
Rule 3-12, to procure the design and construction services, including any services incidental thereto, through the project delivery method commonly known as design-build for public work projects authorized pursuant to New York State law.
On July 2, 2018, the then-acting Chief Procurement Officer CCPO
approved DDCs request to use PPB Rule 3-12 to procure design and construction services using the design-build project delivery methodology for project authorized under New York State law. Since the approval, and as of the date of this request, DDC has registered eight 8 design-build agreements DBAs and is currently in the process of procuring approximately 11 more design-build projects.
For the reasons listed below, DDC is requesting a new approval for use of PPB Rule 3-12 to procure design and construction services using the design-build project delivery methodology for additional projects, including any projects authorized under the expanded design-build authority granted by the New York City Public Works Investment Act.
This innovative method expands upon the contract administration component of design-build.
1. The Nature and Requirements of the Procurement and Contract Administration Method being proposed The innovative procurement method to be used for a design-build contract varies in a number of respects from the procedure otherwise applicable pursuant to the PPB Rules. The proposed innovative procurement process involves multiple steps and may result in multiple awards, including one award to the design-builder and additional awards, in the form of stipends agreements, to short-listed proposers.
Step 1: Request for Qualifications The contracting agency develops a short list of qualified design-build entities through the issuance of a publicly advertised Request for Qualifications RFQ. The RFQ includes a general description of the public work, the maximum number of responding entities to be included on the list, the selection criteria to be used and the relative weight of each criteria in generating the shortlist. The contracting agency evaluates and rates all responses to generate the short list of entities that may propose as outlined in Step 2.
Step 2: Request for Proposals Once the short list is established, the contracting agency releases a Request for Proposals RFP. The contracting agency may, at its discretion, solicit feedback from the short-listed entities to help finalize the scope or other language of the RFP. Only the short-listed entities will be permitted to submit a proposal in response to the RFP. The contracting agency will select the proposal that represents the best value to the City and may incorporate a quantitative factor to be used in evaluating bids or offers of firms that are certified as Minority-or Women-Owned Business Enterprises M/WBEs pursuant to Section 1304 of the New York City charter or article 15-A of the executive law.

The above determination is based on an environmental assessment which finds that:

The RFP sets forth the scope of work, and other requirements, as determined by the contracting agency, including separate goals for design and construction work under the DBA to be performed by M/WBEs. The RFP must specify the criteria to be used to evaluate the proposals and the relative weight of each evaluation factor. All proposals submitted shall be scored according to the criteria listed in the RFP and such final scores will be published on the contracting agencys website.

1.

Award Phase
Supporting Statement:

2.

The applicant will enter into a Restrictive Declaration to ensure the implementation of project components relating to transportation and construction noise which would avoid the potential for any significant adverse impacts related thereto.
No other significant adverse effects on the environment which would require an Environmental Impact Statement are foreseeable.

It is fully agreed and understood that if the foregoing conditions, modification, and alterations are not fully incorporated into the proposed action, this Conditional Negative Declaration shall become null and void. In such event, the applicant shall be required to prepare a Draft Environmental Impact Statement before proceeding further with said proposal.

E n3

The RFP may result in multiple awards. There will be an award to the responsive and responsible design-builder that offers a proposal that is of the best value to the City for the design-build work. At the agencys discretion, there may be awards to the remaining short-listed proposers that are responsive and responsible. The amount for these additional awards will be based on a pre-determined percentage or dollar value as outlined in the RFP and serves as an incentive to submit a proposal and enable the contracting agency to purchase the ownership of ideas and intellectual property set forth in the proposals.
Contract Administration Phase The awarded DBAs will include contract administration processes other than the standard City procedures, including, but not limited to, time extensions and the dispute resolution process.