Department of Finance Tel (914) 654-2063 515 North Avenue Fax (914) 654-2344 New Rochelle, NY 10801 Writer's Tel (914) 654-2353 Tracy Yogman Commissioner Mark Zulli Deputy Commissioner City of New Rochelle New York REQUEST FOR PROPOSAL Specification No. 5155 FOR THE USE AND OCCUPANCY OF CITY OWNED PROPERTY AT 2 PELHAM ROAD 1) INTENT The City of New Rochelle (City) is requesting proposals for the use and occupancy of a City owned building located at the New Rochelle Municipal Marina, 2 Pelham Rd., New Rochelle, N.Y. (aka: Marine Max Building) from which a license agreement shall be executed under the terms and conditions specified herein. The City requests a 5 year agreement with the option to renew for an additional 5 yrs upon mutual consent of the parties. Proposals will be accepted up until 3 pm February 16, 2017 in the Purchasing Office at City Hall, 515 North Avenue, New Rochelle, New York, 10801, at which time the proposals will be publicly opened. 2) GENERAL INFORMATION: The building is a (1) One story structure totaling approximately 3,720 square feet and fronts Pelham Road with garage door entry. The building is adjacent to the Long Island Sound and the City of New Rochelle Municipal Marina which consists of 300 slips and 100 moorings. Within the Marina Complex is the municipal public parking facility which can accommodate approximately 200 cars. Past use of the building was for a Marine related boat dealership and exercise businesses. 3) BUILDING CONDITION The Building s Main Floor is in excellent condition and was recently renovated including the installation of a new HVAC system and a new roof. 1
4) GENERAL TERMS and CONDITIONS It is the City's intent to accept proposals from financially qualified individuals or firms whose intent is to utilize the space for a marine related use or business supporting such uses in accordance with applicable zoning requirements. In general, the license agreement will be awarded to the highest responsible bidder who presents a proposal that exhibits the best overall financial benefit to the City with emphasis on the suitability of the proposed use, references, financial resources, and experience. All determinations shall be at the sole discretion of the City of New Rochelle. 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. All proposals must be submitted in accordance with the format presented in within this RFP document. A good faith bid deposit by certified check in an amount equivalent to Two (2) percent of year one bid price must accompany all proposals. If any addenda or clarifications are issued on this Request for Proposals (RFP), a good faith effort will be made to deliver a copy to each of those potential proposers who, according to the records of the Purchasing Office, have previously received a copy of this RFP. However, it shall be the sole responsibility of those offering proposals to contact the Purchasing Office prior to submitting their proposal to determine whether any addenda or clarifications have been issued. Proposers may visit the Citys web page (www.newrochelleny.com/bids.aspx) to see if clarifications, addendum or other information has been posted. 5) PROPOSAL RESPONSE FORMAT and REQUIRED INFORMATION Each proposal must provide the following information: a) Corporate name, members of partnership or principal(s). b) Date organized or incorporated. c) A description of the intended use of the building including, but not limited to, the following: i) Type and size of operation proposed. (If for example you are proposing a retail sales business, then list the type of commodities to be sold.) ii) Days of the week and hours of operation. 2
iii) Number of full and part-time jobs to be created. d) Proposed modifications or renovations must be presented including, but not limited to, the following: i) Descriptions of interior and/or exterior modifications proposed. ii) Timetable of work to be performed. iii) List of equipment and materials to be used. iv) Estimated renovation costs. e) Description of your experience with projects, businesses or enterprises of a similar nature. f) A description of financial responsibility including, but not limited to, the following: i) Statement of net worth of proposer. ii) Source of financing. iii) Financial references. g) Proposed monthly license fees as per Exhibit A. Any bids pertaining to revenue sharing for the City should be fully explained. h) Submission of completed Exhibit A with your proposed response. 6) TERMS, CONDITIONS and INFORMATION a) TERM OF AGREEMENT License agreement for this location shall be for a 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. Alternate terms can be proposed and will be considered. b) LOCATION Two story building located at 2 Pelham Road, also identified on the Assessment Roll as Block 100, Lot 1. c) SITE DIMENSIONS All dimensions listed are approximations. Space 1: Main Floor - Approximately 3,720 sq. ft. d) ZONING The building is located in a Water Related District: WR. The detailed requirements of WR zoning can be found in the City of New Rochelle Code, Chapter 331-50. (Attached as Exhibit B). -3-
Applicable New Rochelle Codes include, but are not limited to, Chapter 213 "Noise" Sections 4, 16, and 20. The City reserves its right to reject any proposal that it feels will constitute excessive noise; priority will be given to proposals that demonstrate an ability to control noise. Bars, nightclubs and dancing establishments are not acceptable uses. Bidders are encouraged to check with the Bureau of Buildings for use and occupancy questions. e) HOURS OF OPERATION Hours of operation for the proposed use must be specifically described. The building may not be open for business any time between twelve o'clock midnight and six a.m., nor are any motors to be run between eight P.M. and eight A.M. f) LICENSEE TO SUPPLY Licensee shall provide all required services, at its sole expense. Services shall include but not be limited to the following: i) Gas, electricity and water. ii) All necessary lighting, outlets, etc. iii) Heating and air conditioning as required. iv) Modification of exterior and interior as required. v) Store fixtures, painting and decorating, and equipment as may be required to properly furnish and operate the proposed use/business. g) CONDITION OF SITE The building is currently used as a wholesale/retail outlet. All trade fixtures, including but not limited to lights, fixtures, warehouse shelving and all other equipment are the property of the current licensee and will be removed at the end of the current license agreement. Therefore, the City of New Rochelle will deliver the site virtually empty and in an "as is" condition. Any improvements to site must be performed in accordance with specifications approved by the City's Department of Public Works. h) ALTERATIONS A. The licensee must furnish plans and specifications for all proposed modifications for approval prior to performing work. B. 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 licensee. C. At the conclusion of the license agreement, all capital improvements shall be amortized over the length of the license agreement to a maximum of 10 years after which becoming the property of the City of New Rochelle except those trade fixtures which are removable without damage whatsoever to the building, which shall remain the property of the licensee. The successful proposer shall not be paid any future compensation for said improvements. -4-
i) MAINTENANCE The successful proposer shall keep the property in good order and condition at its sole cost and expense. All maintenance and repairs of the properties shall be done in a good and workmanlike manner and to the satisfaction of the City. No alterations, additions or improvements to the property shall be made without the prior written consent of the City. The successful proposer shall keep the properties clean and free of debris and shall provide adequate security to reasonably prevent vandalism, unauthorized entry and damage to the property. j) 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. k) ADVERTISEMENT AND SOLICITATION No signs shall be placed on the property without specific prior written authorization from the City, including all applicable permits, and compliance with the City Code. Failure to comply will result in fines and removal of the signs at the expense of the licensee. l) 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. m) UTILITY CHARGES Licensee must make arrangements and pay for refuse removal. The licensee shall install all required utilities at its own costs and expense and pay for consumption and/or on-going charges throughout the term of the license agreement. n) INSURANCE The successful proposer shall obtain and keep in full force and effect at its own cost and expense during the term of the license agreement general liability insurance and property insurance naming the City of New Rochelle as an additional insured party and state that all coverage shall be primary to any coverage held by the City. Insurance shall include Endorsement page. These policies shall have minimum limits of liability per occurrence of $2,000,000 for bodily injury and $2,000,000 for property damage. Additionally, the successful proposer shall maintain workers' compensation coverage in accordance with the laws of the State of New York. o) PARKING LOT The licensee shall have access to the public parking facility located at the marina. -5-
p) 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 license agreement, 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 license agreement at will upon six months written notice to the licensee. q) PERMIT RULES AND REGULATIONS i. Licensee shall not place or contain anything in the building or on the premises that might be deemed disreputable or hazardous to life, limb or cause a fire hazard. ii. Business shall be conducted in compliance with all federal, New York State, County of Westchester, and City of New Rochelle statutes and subject to the provisions of Section 9 of the General Business Law, except as otherwise amended by the specifications. iii. Business shall be conducted in compliance with all zoning ordinances. r) ASSIGNMENT Licensee shall not assign, transfer or sub-lease agreement its rights and duties under its license agreement with the City without prior written consent of the City of New Rochelle. s) 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. t) 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. u) SECURITY A. The successful bidder shall deposit with the Director of Finance, the sum of 2/12ths of the annual rental as security for the full and faithful performance of the license agreement. B. The bidder (licensee) shall execute a written agreement with the City of New Rochelle, drawn by the Law Department, 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-
v) SITE TOUR Site tours will be conducted by appointment only. Please contact Captain Salvatore Gugliara (914) 235-6930. x) PROPOSAL DUE DATE Proposals will be accepted up until 3 pm February 16, 2017 in the Purchasing Office at City Hall, 515 North Avenue, New Rochelle, New York, 10801, at which time the proposals will be publicly opened. -7-
REQUEST FOR PROPOSAL Specification No. 5155 FOR THE USE AND OCCUPANCY OF CITY OWNED PROPERTY AT 2 PELHAM ROAD Cost Summary Respondents are responsible for submission of accurate, adequate and clear descriptions of the information requested. Omissions, vagueness or inaccurate descriptions or responses shall not be interpreted in favor of the bidder and shall be grounds for bid rejection. All terms, conditions and requirements as set forth in Request for Proposal Spec. #5155 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 Request for Proposal Spec. #5155 on your letterhead and attach hereto. Bid Summary This page along with the attached Exhibit A, must be returned with your proposal. Please provide your proposed annual rental amount for each year of the license agreement for the building space as described herein and non-exclusive use of the parking area as provided for herein. (Bids must be provided for all items; a blank space will denote a "zero" bid.) TOTAL AMOUNT IN WORDS YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 GRAND TOTAL : Company Name: Submitted by Authorized Representative: PLEASE PRINT NAME / TITLE Signed:
EXHIBIT A: REQUEST FOR PROPOSAL SPECIFICATION # 5155 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 bidder, and each person signing on behalf of any bidder, and in the case of a joint bid, each party thereto as to its own organization, under penalty of perjury, certifies that to the best of its knowledge and belief: A. 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 bidder or any competitor; and B. unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the bidder prior to the opening, directly or indirectly, to any other bidder or to any competitor; and C. no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition. The bidder 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 Spec. #5155 except as identified. Signature: Date: Print Name and Title: Company Name: Address: Telephone Number(s): Fax Number: Email Address: 9
331-50. WR Water Related District. See 331-28B(5) 331-50 EXHIBIT B RFP, Spec. #5155 NEW ROCHELLE CODE ZONING A. Permitted principal uses; 1.0 Maximum FAR for the following water-dependent uses: 1. Pier, dock marina, boat launching and boat storage. 2. Boat building and boat / sail repair. 3. Boat service facility, including the sale and storage of fuel, lubricants, parts, accessories, ice bait as an incidental marina use. 4. Dry boat storage for boats 16 feet or longer. 5. Tanks and pumps for dispensing gasoline and fuel for motors. 6. Establishments for the sale and rental of boats, motors and accessories. 7. Ferry, water taxi, excursion, fishing and charter boat services. 8. Beach, park, promenade, boardwalk at or near the water s edge. 9. Navigation aids, marine police and fire station, public utility structure, municipal use. 10. Public parks and public open space. 11. Houses of worship. B. Permitted accessory uses. 1. Uses and structures which are clearly incidental and customarily accessory to the permitted principal use on the lot on which they are located. 2. Swimming pools as regulated by 331-17. 3. Satellite earth station or dish antennas as regulated by 331-24, but only when accessory to a permitted principal use on the lot on which it is located. 4. Outdoor dining as per 331-95 on the Zoning Chapter. 5. Facilities for the pumping out of marine holding tanks. 6. Shore protection structures. C. Uses allowed by special permit. *(See Article XII for additional uses allowed by special permit.) 10
(1) 0.25 maximum FAR for the following non-water-dependent uses: (a) Aquarium, maritime museum, marine sciences institute. (b) Inn, bed and breakfast, hotel. (c) Enclosed sports/amusement/recreation complex. (d) Retail sales and service establishments. (e) Business, professional or government offices. (f) Studios, theater, auditorium (up to a capacity of 80 people). (g) Enclosed restaurant with outdoor dining. (h) Indoor sports courts and billiard rooms. (i) Parking lots for the storage of passenger vehicles and enclosed garages for not more than two commercial vehicles. (j) Greenhouse, nursery, arboretum. (k) Boatyards. (l) Public utility uses as regulated by 331-106. (m) Municipal uses. (n) Yacht, boat, rowing, beach, and other water-dependent membership clubs as regulated by 331-115. (2) 0.25 maximum FAR (maximum 10 dwelling units per acre) for the following non-water-dependent residential uses: (a) One-family attached and detached dwelling. (b) Two-family dwellings. (c) Multifamily dwellings. (3) 1.0 FAR for other uses, including: (a) Dry boat storage for vessels under 16 feet in length. NOTE: All special permit non-water-dependent buildings and uses shall be subject to water front design guidelines, which shall encourage nautical building design decoration, waterorientation and views, salt water-tolerant vegetation, lighting, and screening. 11