N e w Y o r k C i t y P a r k s & R e c r e a t i o n T h e A r s e n a l C e n t r a l P a r k SOLICITATION # X39-IT Request For Proposals For The Construction and Operation Of a Bubbled Tennis Facility For Seasonal Use At Orchard Beach Parking Lot, Bronx Issue Date: May 13, 2002 Michael R. Bloomberg Mayor Adrian Benepe Parks Commissioner Joanne G. Imohiosen Assistant Commissioner for Revenue Dorothy Lewandowski Bronx Borough Commissioner
Page 1 Request for Proposals City of New York Parks & Recreation requests proposals for the construction and operation of a bubbled tennis facility for seasonal use within the forty-five acre parking lot at Orchard Beach, Bronx. All activities concerning the operation of this concession, including set-up and removal of the tennis bubble, will be limited to the months between October and April. Project Manager The Parks & Recreation Project Manager for this concession is Sena Ku. All questions with regard to this Request for Proposals ( RFP ) or other project inquiries should be directed to her at attention (212) 360-1397. She may also be reached by fax at (212) 360-3434 or by e-mail at sena.ku@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 1-800-281-5722. Request for Proposals Timetable The following schedule has been established for the Request for Proposals for the Tennis Facility at Orchard Beach, Bronx. This schedule is subject to change as circumstances warrant. RFP Release Date: May 13, 2002 Proposer Meeting & Site Tour: June 18, 2002, 11:00 A.M. Proposals Due: July 8, 2002 11:00 A.M. Note: If you have a disability which would prevent you from delivering your proposal to the Arsenal and/or attending the proposer meeting & site tour, please contact the project manager at least 48 hours prior to the due date and/or meeting date so that special arrangements can be made to accommodate you. Project Background Once known as the Riviera of New York City, Orchard Beach in Pelham Bay Park, the Bronx, is one of the City s five beachfront areas used by the public during the summer months. The
Page 2 115-acre beach was created in the 1930s by Parks Commissioner Robert Moses, and stretches 1.1 miles along the Long Island Sound. Orchard Beach remains one of Parks most popular summer destinations, hosting millions of visitors every summer from the five boroughs, as well as Westchester County. The City of New York Parks & Recreation also sponsors concerts, nature tours, and children s programs in this area, which increases the beach s attendance. The 45-acre parking lot, which accommodates the beach-going population in the summer, is unused during the off-season. Parks seeks proposals for the construction and operation of a bubbled tennis facility for seasonal use within the parking lot. The concessionaire will manage and operate the facility each season from October 1st through April 15th of the following year. All activities, including the set-up and take-down of the bubble, and the removal of all equipment, must occur during this time period only. Under no circumstances may the facility be operated during the beach season. Parks seeks creative and detailed proposals that provide a blueprint for construction of an attractive, well-designed, heated, air-structure bubble. Proposers 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. The Term The term for this concession will be ten (10) years, with a potential for an additional five (5) years at the City s option. This concession will be operated pursuant to a license agreement; no leasehold or other proprietary right is offered. Capital Improvements Parks requires that the investment for this concession include, but not be limited to, the following: installation of a new inflatable air structure air structure anchoring and heating system all necessary blowers to support air structure all lighting for air structure a suitable, removable structure to use as a clubhouse, including restrooms and locker rooms All anchoring systems must be placed underground to ensure that absolutely no parking spaces are lost for the beach season. The successful proposer will also be required to maintain the anchored equipment underground and to repair any damage caused by overhead vehicles or any other factors. All plans are subject to Parks approval.
Page 3 All improvements will be paid for by the concessionaire. Proposers should note that Parks & Recreation will weigh capital investment and design heavily in its evaluation process. In their submissions, proposers must describe all intended capital work and provide cost estimates for this capital work. Please be conservative in estimating costs, as the estimate will be considered a minimum requirement in your license agreement with Parks. A construction bond or equivalent security will be required before construction commences. Design Review Fee A percentage of the total cost of all capital improvements will be charged to the concessionaire for the review of the design documents by Parks Personnel. The total cost will be determined by the total capital improvement proposal or by the actual construction costs, whichever is greater. The fee structure is one percent (1%) of total cost. Upon signing the license agreement, the successful proposer will pay the design review fee, based on the capital investment to which the proposer/licensee is committed in the license agreement. Requirements During the Term Of License A. Construction 1. The concessionaire will be required to submit a sketch, design plan, and construction 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 concessionaire will be required to retain a professional engineer or registered architect for design and filings of proposed investment 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. 3. The concessionaire will be required to provide Parks with as-built drawings upon completion of the construction project. 4. 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. 5. There will be no on-site storage of any equipment. All anchoring equipment must be placed underground.
Page 4 B. Operations 1. 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. 2. The concessionaire will be required to supply all equipment and materials necessary for the operation of the concession. All fixed equipment becomes the property of Parks upon installation, at Parks' option. Should Parks choose not to exercise this option, it will be the responsibility of the concessionaire to remove fixed 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, 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, heating, oil, and 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 at least $1,000,000.00 in general/personal liability insurance coverage, $1,000,000.00 in property damage liability and replacement value in fire and casualty coverage with the NYC Parks & Recreation named as Additional Insured. 7. A security deposit of at least 25% of the highest year's guaranteed minimum license fee will be required upon signing 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's staff will be required to wear uniforms that have been approved by Parks. 10. The concessionaire will comply with all city, state and federal laws relating to access for
Page 5 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. 13. The concessionaire will be permitted to hold a specified number of private events each year, subject to the approval of Parks. Proposal Submission Instructions All proposals must meet the requirements listed below in the Proposal Submission Requirements section, and should comply with the guidelines listed in the Proposal Submission Guidelines section. Proposals should be printed or typed on 8 ½ x 11" paper. There is no page limit for proposals. The proposal submission and the proposal deposit should be submitted in a sealed envelope with the following information written on the outside: " Your name and address " Solicitation #X39-IT " " Return Date: Monday, July 8, 2002, at 11 a.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 Tuesday, June 18, 2002, at 11:00a.m. in the parking lot, next to the parking booths. If you are considering responding to this RFP, please make every effort to attend this meeting. Proposal Submission Requirements Each proposal must meet the following requirements. Failure to comply with even one of these
Page 6 requirements will result in the automatic disqualification of a proposal 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 10021 no later than 11am on Monday, July 8, 2002. 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, or cashier s check in the amount of $15,000 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. Proposal deposits will be returned to unsuccessful proposers after the contract is signed with the successful proposer. The check must be payable to the City of New York Parks & Recreation. Proposal Submission Guidelines 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 timetable for all design and capital work. This timetable should clearly outline all intended improvements, the projected cost of these improvements, and the anticipated commencement and completion dates of these improvements. Please do not exaggerate intended capital investment. In the successful proposer s license agreement, the cost estimates provided in his or her proposal submission will become a minimum required expenditure, and the time frame proposed will become a required construction schedule. Therefore, please be realistic or even conservative in the capital investment you offer. 3. Proposers should submit detailed operating plans including, but not limited to, hours of operation, fees charged, and removal of equipment. All fees and any subsequent increases are subject to Parks approval. The submitted proposals should detail how the proposer intends to set-up and take down the facility, as well as the time frame in which such activities will be completed. The plan should also include a description of how the facility may look in the off-season, including plans for re-striping if necessary. No storage space will be provided for the off-season, and the lot must be completely cleared and available for the parking concession by the end of the operating season. All plans are
Page 7 subject to the approval of Parks. 4. 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 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. 5. 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. 6. Proposers should include a financial statement or statements prepared in accordance with standard accounting procedures. 7. Proposers should submit an estimated number of full-time and seasonal employees respectively, the positions these employees will fill, 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. 8. 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. Evaluation and Selection Procedure Proposals will be evaluated by a selection committee composed of Parks & Recreation employees, in accordance with procedures established by the Franchise and Concession Review Committee, based on the criteria listed below. The concession will be awarded to the proposer whose submission the selection committee judges best overall based on these criteria. 1. Proposal Evaluation Criteria In evaluating proposals, Parks & Recreation will use the following criteria: Fee offer Proposed investment, designs, and timetable Proposed operations and programming
Page 8 Operating experience in the field, including history of past operations in NYC concessions where applicable Financial capability 2. Evaluation Procedures Parks & Recreation will only consider proposals that meet satisfactory levels of the above criteria. The City is not required to accept the proposal that includes the highest fee offer. Parks acceptance of a proposal does not imply that every element of that proposal has been accepted. Parks & Recreation 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. When feasible, employees of Parks & Recreation will visit facilities operated by proposers. Other General RFP Requirements and Conditions The Department of Parks and 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. Technical addenda issued by NYC Parks & Recreation will be the only authorized method for communicating clarificatory information to all potential proposers. 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.
Page 9 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. Proposers should contact the agency before submitting a proposal to verify that they have received any addenda issued. Proposers should acknowledge the receipt of any addenda in their proposal submissions. New York State Freedom of Information Law All Request for Proposals submission materials become the property of the City of New York Department of Parks and 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 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, New York 10007, telephone (212) 669-3000. Adrian Benepe, Commissioner