Department of Finance Phone: (914) North Avenue FAX: (914) New Rochelle, NY REQUEST FOR PROPOSAL Spec # 5254

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1 Department of Finance Phone: (914) North Avenue FAX: (914) New Rochelle, NY Mark Zulli Commissioner Sandi Murray Purchasing Specialist REQUEST FOR PROPOSAL Spec # 5254 USE AND OCCUPANCY OF DOCK SPACE AT FORT SLOCUM DOCK, NEPTUNE PARK, NEW ROCHELLE, NY The City of New Rochelle is requesting proposals for the use and occupancy of Dock Space for mooring of large Fishing/ Excursion Vessels at Neptune Park, New Rochelle, New York. There are 3 spaces at this location, currently there are 2 spaces available. For Purposes of this bid we will refer to them as Space 1 and Space 3. (see Exhibit C attached) Proposers are not required to lease both spaces; you may bid on one, or both. Electrical service and city water hook ups are present at each slip and will be billed on a monthly basis by the City s Finance department. Proposals will be accepted up until 3:00 pm on January 31, 2019 in the Purchasing Office, City of New Rochelle, City Hall, and 515 North Avenue, New Rochelle, New York and should be mailed to the attention of Sandi Murray, Purchasing Specialist. Please mark Specification # 5254 on the outside mailing envelope of your response package. Faxed or ed responses are not acceptable. Inspection of Site Interested proposers shall contact the Office of the Harbor Master at to set up an appointment. A. PHYSICAL LOCATION: FORT SLOCUM DOCK The subject space is located in Neptune Park at the foot of Glen Island Approach Road. The Parking lot offers ample parking for approximately 100 vehicles and is controlled with a locking vehicle gate which is the responsibility of the lessee to secure at night. Both the parking lot and pier area are the responsibility of the lessee to maintain and keep clean. We also attach an aerial view of the physical location.

2 AVAILABLE DOCKAGE See attachments for location pictures. Space #1 Located on the South side of a fixed pier with open clearance of approximately 75 feet, passenger access is provided via a floating platform with a 30 foot gangway and is handicapped accessible. Maximum length of moored vessel is 100 feet. Space #3 Located on the East side of a fixed pier with open clearance of approximately 72 feet, Passenger access is provided via a portable gangway which must be provided by the licensee. Maximum length of moored vessel is 100 feet. B. EXISTING CONDITIONS The Pier is in very good structural condition. Recent upgrades include deck replacement, pile replacement and fendering in 2012, floating dock with passenger platform and 30 foot gangway in 2007, electrical upgrades 2007/2012. The space is licensed on an as-is condition and the City will not make any improvements to the space. Your proposal shall detail any improvements you will make to the existing condition should you be awarded any or all locations. Additional space is available for storage containers or equipment sheds, NO VEHICLE ACCCESS is allowed. C. LIMITATIONS The dockage area is limited to passenger excursion and fishing charter boats only, no marine construction, petroleum transport or, towing, barge or vehicle transportation vessels will be allowed. Hours of operation will be limited based on the nature of the Licensee s business plan proposed. D. PROPOSALS All proposals must conform to the specifications and guidelines contained herein. There is no expressed or implied obligation for the City of New Rochelle to reimburse responding proposers for any expenses incurred in preparing proposals. Late bids will not be accepted, although during the evaluation process, the City reserves the right to request additional information or clarification from proposers, or to allow correction of errors or omissions. The City also reserves the right to reject all bids at the City's discretion. Any questions can be addressed to Captain Salvatore A Gugliara, Harbormaster via address; sgugliar@newrochelleny.com with copy to smurray@newrochelleny.com 2

3 E. PROPOSAL FORMAT Each proposal should follow the following outline: 1. Corporate name, members of partnership or principal(s), or individual(s). 2. Date organized or incorporated. 3. A schedule of the proposed hours of operation and scope of operation. 4. Proposed modifications or renovations to the space, if applicable, must include, but not limited to, the following: a. Rough plans describing modifications proposed. b. Timetable of work to be performed. c. Estimated renovation costs. 5. Description of your experience with projects, businesses or enterprises of a similar nature. 6. Provide a business plan for any proposed accessory elements including but not limited to; Parking lot use, storage containers description and dimensions, furnishings, specialized program & event related activities and amenities, etc. 7. Proposed monthly rent for each of the first five years of the license agreement. Note that consideration will be given for those proposals that offer Structural improvements or parking lot improvements approved by the City in lieu of rent. The Minimal monthly rent shall be at least the following for each space: Space #1 $2,975 Space #3 $2, Submission of completed Exhibit A: Non-Collusion statement with your proposal. 9. Please include 1 original and 4 copies of your proposal. F. PROPOSAL GUIDELINES 1. Term of Agreement License agreement shall be for a minimum period of five (5) years commencing from the date of notice of acceptance, with an option to extend the license agreement for additional years upon mutual consent. 3

4 2. Alterations a. The licensee must furnish plans and specifications for all proposed modifications for approval prior to performing work. Licensee shall not make any alterations, additions or improvements to the premises without written consent of the City, and such alterations, additions or improvements shall be made at the sole expense of the lessee. b. At the conclusion of the lease, all improvements shall become the property of the City of New Rochelle except those trade fixtures which are removable without damage whatsoever to the structure, which shall remain the property of the licensee. The successful proposer shall not be paid any future compensation for said improvements. c. Any and all alterations, additions or improvements must be performed in accordance with all New York State labor laws. 3. Maintenance The successful proposer shall keep the space in good order and condition at its sole cost and expense. 4. Entry Authorized representatives of the City of New Rochelle shall have the right to enter the premises at any reasonable hour for the purpose of examining the premises or for making any other repairs deemed necessary for the safety and preservation of the premises. 5. Advertisement and Solicitation No signs shall be placed on the property without specific prior written authorization from the City. 6. Hold Harmless The successful proposer shall indemnify and hold the City harmless against any and all claims, demands and causes of action resulting from its occupancy of the property. The City shall not be responsible for any loss or damage incurred by the successful proposer for any reason whatsoever. 7. Refuse Charges The City will not provide for refuse removal, it will be the sole responsibility of the leassee to provide a dumpster and maintain a service agreement for regular pickups. 8. Utilities Licensee is responsible for all utility costs, including electricity and water which is billed on a monthly basis by the City. 4

5 9. Permit Rules and Regulations Business shall be conducted in compliance with all federal, New York State, County of Westchester, and City of New Rochelle statutes. 10. Assignment Licensee shall not assign, transfer or sub-license its rights and duties under its license with the City without prior written consent of the City of New Rochelle. 11 Equal Opportunity The City of New Rochelle, New York is a sponsor of the Westchester Affirmative Action Equal Employment Opportunity Agreement and encourages all minorities to submit proposals. 12. Insurance The licensee shall obtain and keep in full force and effect at its own cost and expense during the term of the lease general liability insurance and property insurance naming the City of New Rochelle as an additional insured party. These policies shall have minimum limits of liability per occurrence of $1,000,000 for bodily injury, $1,000,000 for property damage. Additionally, the successful proposer shall maintain workers' compensation coverage in accordance with the laws of the State of New York. The licensee must, in the case of fire or water damage of any kind, give immediate notice to the city. In the event the premises herein shall be so damaged that the City must make extensive repairs or rebuild the premises, all occupancy shall cease. The required coverage shall not be less than the following: Workers Compensation Statuary Requirements NY State Disability Statuary Requirements General Liability $2,000,000 Automobile Liability $1,000,000 Contractual Liability Must be printed on Certificate INSURANCE CERTIFICATES SHALL NAME THE CITY OF NEW ROCHELLE AS ADDITIONAL INSURED PARTY AND SHALL STATE THAT ALL COVERAGE SHALL BE PRIMARY TO ANY OTHER INSURANCE COVERAGE HELD BY THE CITY The City of New Rochelle is named as an additional insured party for all general and excess liability coverage based on the contractual liability of the named insured. Such general and excess liability coverage shall be primary to any other coverage carried by 5

6 the City of New Rochelle with respects to acts or omissions of the named insured. It is intended by the parties hereto that the general and excess liability insurance provided by the contractor shall be primary to any other coverage carried by the City of New Rochelle with respect to liability coverage arising out of any act or omissions by the contractor. The City of New Rochelle will be named as an additional insured. Nothing contained herein shall be construed as making said general and excess liability insurance primary insurance for acts or omissions of the City of New Rochelle. 13. New York Law and Venue This contract shall be construed under the laws of the State of New York. All claims, actions, proceedings, and lawsuits brought in connection with, arising out of, related to, or seeking enforcement of this contract shall be brought in the Supreme Court of the State of New York, Westchester County. In addition, City contractors which are not incorporated in the State of New York shall produce a Certificate to Do Business in the State of New York from the New York Secretary of State prior to executing their contract with the City. 14. Cancellation a. Failure to comply with any of the terms and conditions identified in this specification shall be sufficient cause for the City to cancel, terminate and revoke the lease, and the City shall retain as liquidated damages all payments up to the date of cancellation. b. The City shall have the right to terminate this lease at will upon sixty (60) days written notice to the licensee. 15. Payment Payment shall be made payable to the City of New Rochelle and shall be forwarded to the City Treasurer on the first of each month, in advance, commencing with the date of execution of this agreement, in an amount equivalent to the sum of 1/12th of the annual rental. 16. Security a. The successful bidder shall deposit with the Commissioner of Finance, the sum of 2/12ths of the annual rental as security for the full and faithful performance of the license agreement. Such security shall be due upon execution of contract. b. The bidder shall execute a written agreement with the City of New Rochelle which shall include all provisions as set forth herein and include all terms and conditions of the proposal and any negotiated terms and conditions. 6

7 Exhibit A: REQUEST FOR PROPOSAL SPECIFICATION #5254 All terms, conditions and requirements as set forth in this Request for Proposal are acceptable as specified therein. Yes No If NO, please provide a detailed description and/or explanation of any deviation in your proposal from the specification detailed in the Request for Proposal with your proposal response. By submission of this proposal, each respondent and each person signing on behalf of any respondent, and in the case of a joint proposal, each party thereto as to its own organization, under penalty of perjury, certifies to the best of its knowledge and belief: The prices in this proposal have been arrived at independently without collusion, consultation, communication or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other respondent of any competitor; and Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the respondent prior to the opening, directly or indirectly, to any other respondent or to any competitor; and No attempt has been made or will be made by the respondent to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition. The respondent certifies that this proposal is made without any connection with any other person making a proposal for the same purpose, and is in all respects fair and without collusion or fraud, and that no elected official or other officer or employee or person whose salary is payable in whole or in part from the City of New Rochelle treasury is directly or indirectly interested therein, or in any portion of the profits thereof. As an authorized representative of the identified company, I accept all the terms and conditions identified in Request for Proposal Specification # 5254 except as identified. Signature: Date Print Name and Title: Company Name: Address: Telephone Number(s): Fax Number: Address: 7