REQUEST FOR PROPOSALS

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1 City of New York Parks & Recreation The Arsenal Central Park New York, NY Solicitation #M71/M104-O REQUEST FOR PROPOSALS FOR THE INSTALLATION AND OPERATION OF ADVENTURE EQUIPMENT AT RANDALL S ISLAND AND/OR RIVERSIDE PARK, MANHATTAN Issue Date May 17, 2002 Michael R. Bloomberg Mayor of the City of New York Adrian Benepe Commissioner of Parks & Recreation Joanne G. Imohiosen Assistant Commissioner for Revenue William T. Castro Borough Commissioner of Manhattan

2 REQUEST FOR PROPOSALS FOR THE INSTALLATION AND OPERATION OF ADVENTURE EQUIPMENT AT RANDALL S ISLAND AND/OR RIVERSIDE PARK, MANHATTAN City of New York / Parks & Recreation requests proposals for the installation and operation of adventure equipment at Randall s Island and/or Riverside Park in Manhattan. The equipment may include, but is not limited to, rock climbing walls, trampolines, and trapeze apparatus. Parks will accept proposals for the operation of either one (1) facility OR two (2) facilities. On Randall s Island, the facility may be located at only one of the following locations: between the Randall s Island Tennis Center and Ballfield #20 (electric service available April 28 October 17 only) OR on the Odyssey House Lawn on Wards Island (no electric service available). Prospective concessionaires may propose to operate only one facility on Randall s Island. In Riverside Park, the facility may be located at only one of the following locations: inside the park at W.110 th Street, bounded by basketball courts to the north, the skate park to the south and the West Side Highway to the west (no electric service available) OR inside the W.105 th Street volleyball court area (no electric service available). Prospective concessionaires may propose to operate only one facility in Riverside Park. Parks is seeking proposers who can demonstrate both extensive experience in the operation of this type of facility, as well as an impeccable safety record, to construct and operate this facility for a two (2) year license term with one (1) year option, at Parks discretion. Project Manager The Parks & Recreation Project Manager for this concession is Nicole Clare. All questions with regard to this Request for Proposal ( RFP ) or any other inquiries related to this project should be directed to her at (212) She may also be reached by fax at (212) or at Nicole.Clare@parks.nyc.gov. If you have a hearing impairment, please call the following toll-free number and leave a message on the Telecommunications Device for the Deaf (TDD). The TDD number is (800) Request For Proposals Timetable The following schedule has been established for the Request for Proposals for the installation and operation of adventure equipment at Randall s Island and/or Riverside Park in Manhattan. This schedule is subject to change as circumstances warrant. RFP Release Date: May 17, 2002 Proposer Meeting & Site Tour: Proposals Due: Thursday, June 6, 10:00 am at Riverside Park & 11:30 am at Randall s Island Friday, June 21, 3:00pm Note: If you have a physical disability which would prevent you from attending the proposer meeting & site tour and/or submitting your proposal to the Arsenal, please contact the project manager at least 48 hours prior to the meeting date and/or submission deadline so that special arrangements can be made to accommodate you.

3 May 2002, Page 3 of 11 PROJECT BACKGROUND RANDALL'S ISLAND Randall's Island, located along the East River between Northern Manhattan and Queens, spans 273 acres and along with its 83-acre sister island, Wards Island, has served the increasing demand of New Yorkers for active sports facilities since the 1930s. After the construction of the Triborough Bridge in 1936, Parks Commissioner Robert Moses developed the island as a recreational hub for New York City through the construction of ballfields, playgrounds, and a stadium. Over the following three decades, Commissioner Moses gradually filled in the space between Randall's and Wards Islands to allow for even greater recreational space. Until its recent demolition, Downing Stadium hosted world-class sporting events and large music festivals. The City is currently implementing a master plan for Randall s and Wards Islands to include the construction of an outdoor amphitheater, a Category 3 track & field center with a premier artificial turf soccer field, a water park complex, and numerous enhancements of the existing ballfields. The Randall's Island Sports Foundation (formed in 1992) and Parks & Recreation maintain and support the 22 ballfields, 11 tennis courts, 5 soccer/football fields, driving range, 2 miniature golf courses, and picnic area. RIVERSIDE PARK Riverside Park is a 316-acre, four-mile park that stretches along the Hudson River from 72nd to 158th Streets on Manhattan s Upper West Side. The park s original concept was devised in 1873 by Frederick Law Olmsted and loosely implemented from 1875 to In the early 20th Century, Riverside became home to many monuments and sculptures honoring New York City s heroes, including Grant s Tomb at W. 123rd Street and the Soldier s and Sailor s Monument at W. 89th Street. In 1935, under the direction of Robert Moses, the existing railway tracks (now Amtrak s Empire Corridor) were enclosed in a tunnel stretching the entire length of the park. The tunnel was covered with landfill, which created 132 acres of new parkland and resulted in the incorporation of the Henry Hudson Parkway into the park. In addition to a 110- slip marina and an outdoor cafe at the West 79th Street Boat Basin, the park is home to 24 handball courts, 20 tennis courts, 12 playgrounds, 9 ballfields, 7 basketball courts, both beach and hard surface volleyball courts, a skate park, a dog run, a 1/8-mile cinder track, as well as a number of a community gardens and other neighborhood organizations, such as baseball, basketball and soccer leagues. As one of the most successful examples of the parkway design concept and the English landscape style, Riverside Park has received national, state and city landmark status. THE CONCESSION In our continuing effort to respond to the ever changing and evolving recreational needs of New Yorkers, Parks seeks proposals for the installation and operation of adventure equipment at Randall s Island and/or Riverside Park in Manhattan. The equipment may include, but is not limited to, rock climbing walls, trampolines, and trapeze apparatus. The intent of the concession is to provide alternate fitness and recreation opportunities through adventure equipment. Parks seeks creative and detailed proposals that include a list of services offered and proposed layout of equipment within each facility, within the dimensions of the proposed sites. Proposers

4 May 2002, Page 4 of 11 should also submit a detailed plan of operation, price lists, and other appropriate ideas that will facilitate the development of this facility. All plans and prices will be subject to Parks approval. Parks also encourages proposers to incorporate a community programming or outreach component to their proposal. Parks will look favorably upon proposals that provide free or lowcost community and/or school programs. The concessionaire will be permitted to sell adventure-equipment-related merchandise, including T-shirts, sweatshirts, hats, and related items. All items sold and prices are subject to Parks approval. Since safety is of the utmost concern with this type of facility, proposers must submit their personal safety record in operating this type of facility, a detailed outline of safety precautions required for each piece of apparatus, and staff qualifications. The concessionaire will be required to comply will all national safety guidelines associated with the installation, operation, and maintenance of the proposed equipment. Proposers should also provide descriptions of the locations and types of facilities they have operated and a list of references. Parks will accept proposals for the operation of either one (1) facility [1 Riverside Park location OR 1 Randall s/wards Island location] OR two (2) facilities [1 Riverside Park location AND 1 Randall s/wards Island location]. On Randall s Island, the facility may be located at only one of the following locations: between the Randall s Island Tennis Center and Ballfield #20 (electric service available April 28 October 17 only) OR on the Odyssey House Lawn on Wards Island (no electric service available). Proposers may propose to operate only one facility on Randall s Island. In Riverside Park, the facility may be located at only one of the following locations: inside the park at W.110 th Street, bounded by basketball courts to the north, the skate park to the south and the West Side Highway to the west (no electric service available) OR inside the W.105 th Street volleyball court area (no electric service available). Proposers may propose to operate only one facility in Riverside Park. All plans for the design, construction, and operation of this facility must not interfere with the normal operations of any adjoining recreation facilities at each site. Parks & Recreation seeks a concession that will be designed, maintained and operated at the highest standards and will make a significant improvement to the visual quality and ambience of the park and its community while providing a convenience to the public. THE TERM A license term of two (2) years is offered, with one (1) year option at Parks discretion. No longer term will be considered.

5 May 2002, Page 5 of 11 Anticipated Capital Investment Proposers should include a detailed layout of the proposed equipment setup within the facility, including installation details, utility needs, etc. The successful proposer will be required to arrange for a detailed structural study by a licensed engineer for the setup of relevant apparatus with appropriate anchor systems. All equipment installed must be sensitive to existing trees. All plans are subject to Parks approval. All installation and related improvements will be paid for by the concessionaire. In their submissions, proposers must describe all intended installation work and provide cost estimates for this work. A construction bond or equivalent security will be required before installation commences. Requirements During the Term Of License A. Installation 1. The concessionaire will be required to submit a layout plan and installation timetable, as well as a statement of anticipated investment. All plans for the facility are subject to the approval of Parks, the New York City Department of Buildings, and all other agencies having jurisdiction. 2. The successful proposer will be required to arrange for a detailed structural study by a licensed engineer for the setup of relevant apparatus with appropriate anchor systems. All plans are subject to Parks approval. 3. The concessionaire will be required to retain a professional engineer and registered architect for design and filings and to oversee the entire construction project. This supervising architect or engineer will be responsible for ensuring that all construction conforms to the plans approved by Parks Design Division. Proposers will be required to submit this engineer s or architect s qualifications to Parks for approval. 4. The concessionaire will be required to provide Parks with as-built drawings including all anchoring and structural systems upon completion of the installation. 5. Trees at or adjacent to the licensed premises may not be removed or damaged. Removal of any trees or branches can only be done with the explicit written approval of Parks. Parks does not intend to approve the removal of any living, healthy trees in connection with this concession. B. Operations 1. The concessionaire will be required to comply will all national safety guidelines associated with the installation, operation, and maintenance of the proposed equipment. 2. The concessionaire will be required to supply all equipment and materials necessary

6 May 2002, Page 6 of 11 for the operation of the concession. At the end of the term, it will be the responsibility of the concessionaire to remove all equipment and return the licensed premises to Parks in a condition as good or better than that at the commencement of the license term. 3. The concessionaire will be required to maintain and clean the entire area whenever the concession is operating. The concessionaire will be responsible for keeping the entire concession area clean and free of litter and graffiti, as well as providing a garbage control and removal system to be approved by Parks. The concessionaire will be required to comply with all City, State, and Federal regulations regarding recycling. 4. All prices and activities are subject to Parks approval. 5. The concessionaire will be responsible for any and all utility costs connected to the operation of this concession. This may include, but is not limited to, supplying and installing any necessary feeder cables, meters, wiring, gas lines, water, sewer lines, pumps, etc. Parks makes no representation that there are adequate utilities currently in place at the site. 6. The concessionaire will be required to carry Commercial General Liability insurance in the amount of $1,000,000 and Personal Injury Liability insurance in the amount of $2,000,000. The insurance certificate must name City of New York Parks & Recreation as an additional insured. Proposers are on notice that the City may need to negotiate higher liability limits if, in the opinion of the City s Risk Manager, the proposed program warrants it. Fire and property damage insurance listing Parks as sole insured will also be required. 7. A security deposit of at least 25% of the highest year's guaranteed minimum license fee will be required for the duration of the term. 8. The concessionaire will be required to submit regular reports of gross receipts from all categories of income. 9. The concessionaire is responsible for all taxes applicable to the operation of the concession. With the exception of the Combined State and NYC Sales Tax on Food and the Combined State and NYC Tax on Parking, no such applicable taxes may be deducted from gross receipts or from license fees. 10. The concessionaire will comply with all city, state and federal laws relating to access for people who are physically challenged. 11. The advertising or sale of cigarettes, cigars, or any tobacco products is strictly prohibited. 12. The concessionaire will cooperate with Parks in the case of special events or other unanticipated eventualities.

7 May 2002, Page 7 of The concessionaire will be permitted to hold a specified number of private events each year, subject to the approval of Parks. 14. Concessionaires must comply with all terms of their license agreements. Inspectors from Parks will visit the concession site unannounced to inspect operations and determine whether or not the concessionaire is in compliance with the terms of the license. If inspectors find violations, the concessionaire may be fined for each violation. Fines, if they are not paid promptly, may be deducted from the concessionaire s security deposit. The RFP Process/Proposal Procedure A. Proposal Submission Instructions All proposals must meet the requirements listed below in section B, ΑProposal Submission Requirements, and should comply with all the items listed below in section C, ΑProposal Submission Guidelines. Proposals should be printed or typed on 82 x 11" paper, and double sided if possible. There is no page limit for proposals, but proposers are encouraged to use discretion in the amount of information they submit. The proposal, the proposal deposit, and any additional information should be submitted in a sealed envelope with the following information written on the outside: $ Your name and address $ Solicitation #M71/M104-O $ in Riverside Park &/or Randall s Island $ Return Date: Friday, June 21, 2002, at 3:00 p.m. No proposals should be submitted in plastic sleeves or spiral binders. Illustrations may be included. All plans are subject to Parks approval. Oversized drawings may be submitted, but must be accompanied by 8 ½ x 11" sectionals or reductions to 8 ½ x 11". No telegraphic or facsimile proposals will be accepted. Please submit six (6) copies of your proposal submission. As part of this submission, you should include completed copies of Parks business questionnaires (Business, Business Entity, Principal, and Personal questionnaires) and VENDEX business questionnaires (Business Entity and Principal Questionnaires), which you can obtain by contacting the project manager. Parks & Recreation will hold an on-site inspection meeting on Thursday, June 6, 2002, at 10:00a.m. at Riverside Park and 11:30am on Randall s Island. We will meet in Riverside Park at the W. 105 th Street volleyball area at 10:00am and by the tennis center on Randall s Island at 11:30am. If you are considering responding to this RFP, please make every effort to attend this meeting.

8 May 2002, Page 8 of 11 B. Proposal Submission Requirements Proposal submissions must meet all of the following requirements. Failure to comply with any one of these requirements will result in the automatic disqualification of a submission from further consideration. 1. All proposals must include a fee offer. 2. The proposer must submit a proposal in a sealed envelope to the Assistant Commissioner for Revenue, City of New York Parks & Recreation, The Arsenal, Room 407,Central Park, New York, New York no later than 3pm on Friday, June 21, No proposals will be accepted after that time. Hand delivery to Room 407 before the deadline is recommended to ensure consideration of your proposal. Proposals received after the time and date listed above will be returned to the proposer unopened and will not be considered for award. 3. Proposers are required to submit a certified, official/bank, cashier s check or money order in the amount of $3,000 with the proposal. The successful proposer's check will be retained as liquidated damages in the event that the successful proposer fails to enter into an agreement with Parks. All other checks will be returned to unsuccessful proposers immediately after the evaluation process is complete. The check must be payable to the City of New York Parks & Recreation. C. Proposal Submission Guidelines Each proposal is expected to include the following information: 1. The fee offer should state the highest sum proposer is prepared to pay as a license fee, expressed as guaranteed minimum fee for each year of the license term versus a percentage of gross receipts, whichever is greater. 2. Proposers should submit a detailed layout and timetable for all installation work. This timetable should clearly outline all intended installations as well as utility needs, the projected cost of these installations, and the anticipated commencement and completion dates of these installations. 3. Proposers should submit detailed operating plans including, but not limited to, months of operation, hours of operation, and fees charged for services and merchandise. All fees and any subsequent increases are subject to Parks approval. 4. Proposers should submit their personal safety record in operating this type of facility, a detailed outline of safety precautions required for each piece of apparatus, staff qualifications, and all other information regarding the safety of the operation. Proposers should also provide descriptions of the locations and types of facilities they have operated and a list of references. 5. Proposers should submit a resume or detailed description of relevant professional qualifications, demonstrating any relevant experience and qualifications in the management of similar facilities. Names and addresses of all corporate officers of

9 May 2002, Page 9 of 11 the entity submitting the proposal should be included. Proposers should also include work experience with City agencies, or access to individuals and/or firms with such expertise. 6. Proposers should include a detailed, well thought-out pro-forma income and expense projection for each year of operation. This pro-forma projection should include explanations for all the assumptions used in its formulation. 7. Proposers should include a financial statement or statements listing assets and liabilities, prepared in accordance with standard accounting procedures. 8. Proposers should submit an estimated number of full-time and seasonal employees respectively, the positions these employees will fill, safety qualifications, and the percentage of these employees that they expect to hire from the surrounding community. Parks will view favorably proposals that will employ members of the surrounding community. 9. Parks also encourages proposers to incorporate a community programming or outreach component to their proposal. Parks will look favorably upon proposals that provide free or low-cost community and/or school programs. 10. Parks & Recreation is charged with improving customer satisfaction with the services provided at facilities on parkland. Therefore, Parks would like proposers to explain in their submissions the mechanisms they would use to measure customer satisfaction with the services offered by this concession. Such mechanisms might include customer evaluations or survey forms. Further, Parks & Recreation would like proposers to explain how they would improve the quality of services offered if the above mechanisms indicate a need to do so. D. Evaluation and Selection Procedure A selection committee comprised of Parks employees and constituted in accordance with rules set forth by the City's Franchise and Concessions Review Committee will use the following criteria to evaluate proposals: Fee offer Proposed installment layout and timetable Proposed operations and programming Operating experience in the field, including history of past operations and safety record Financial capability Parks is not required to select the proposal with the highest fee offer; the concession will be awarded to the proposer whose submission the selection committee judges best overall based on these criteria. Parks' acceptance of a proposal does not imply that every element of that proposal has been accepted. Parks cannot consider any proposal that does not comply with the Submission Requirements section of this RFP. Proposals that do not meet these requirements will not be evaluated.

10 May 2002, Page 10 of 11 When feasible, employees of Parks & Recreation will visit facilities operated by proposers. E. Other General RFP Requirements and Conditions The City of New York Parks & Recreation reserves the right to postpone or cancel the RFP or to reject all proposals, if in its judgment it deems it in the best interests of the City of New York to do so. Proposers may withdraw their proposals at any time before the proposal deadline. To withdraw a proposal, the proposer should provide Parks with written notification. Proposers are to contact the Revenue Division prior to the proposal due date to make certain that proposers have received any and all addenda to the RFP that may have been issued. Proposers will also be required to acknowledge receipt of any and all addenda in their final submissions. Proposers are advised that Parks may select the successful proposer without conducting negotiations. Therefore, proposers should submit their best proposals initially, since negotiations may not take place. Until the proposal submission deadline a proposer may submit a modified proposal to replace all or any portion of a proposal submitted. The Project Manager will only consider the latest version of the proposal. Late proposals and/or late modifications will not be considered for evaluation. Parks will not accept telegraphic or FAX proposals. NYC Parks & Recreation shall not be liable for any costs incurred by proposers in the preparation of proposals or for any work performed in connection therein. Proposers should be aware that this concession will be developed and operated pursuant to a license agreement issued by Parks. In the event this agreement is terminated, Parks will not consider proposals for reimbursement of licensee's unamortized capital improvement costs as of the date of termination. Parks will entertain oral inquiries prior to the submission deadline. No communication is permitted between Parks staff and proposers about any matter related to the RFP that may give an unfair advantage to one proposer over another. New York State Freedom of Information Law All Request for Proposals submission materials become the property of the City of New York Parks & Recreation, and will generally be made available for inspection and copying by interested parties upon written request, except when exempted from disclosure under the Freedom of Information Act. Proposers must mark as confidential those portions of a proposal which they believe are not required to be disclosed under the New York State Freedom of Information Law. NYC Parks & Recreation is subject to the New York State Freedom of Information Law, which governs the process for the public disclosure of certain records maintained by Parks. (See Public Officers Law, Sections 87 and 89.) Individuals or firms that submit proposals to Parks may request that Parks except all or part of such a proposal from public disclosure, on the grounds

11 May 2002, Page 11 of 11 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 should be in writing and state, in detail, the specific reasons for the requested exception. It should also specify the proposal or portions thereof for which the exception is requested. If Parks grants the request for exception from disclosure, Parks shall keep such proposal or portions thereof in secure facilities. The New York City Comptroller is charged with the audit of concession agreements in New York City. Any person or entity who believes that there has been unfairness, favoritism or impropriety in the proposal process should inform the Comptroller, Office of Contract Administration, 1 Centre Street, Room 835, New York, NY 10007, telephone (212) Adrian Benepe, Commissioner

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