RFP #2014-03

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Telephone: 716-286-4371 Fax: 716-286-4337

CITY OF NIAGARA FALLS, NEW YORK DIVISION OF PURCHASING City Hall Room 17 745 Main Street Niagara Falls, NY 14302-0069 The City of Niagara Falls is soliciting Request for Proposals for the following:
Sealed proposals will be received, publicly opened and read aloud in the Purchasing Office at City Hall as follows: Time 11:00 A.M. FOR: Date February 3, 2014

Operation of Restaurant Located at Hyde Park Golf Course

Proposals shall be submitted to:

CITY OF NIAGARA FALLS, NEW YORK DIVISION OF PURCHASING, City Hall Room 17 745 Main Street PO Box 69 Niagara falls, NY 14302-0069
The City of Niagara Falls, New York will officially distribute documents from the Division of Purchasing. The City also advertises at www.niagarafallsusa.org (Purchasing link from the Departments tab). Copies from any other source are not considered official copies. Only those vendors who obtain documents from the sources listed are guaranteed to receive addendum information, if such information is issued. If you have obtained this document from a source other than the sources listed, it is recommended that you obtain an official copy Proposals received after the date and time designated for openings will not be considered. Facsimile or electronically mailed Proposals are not acceptable and will be rejected. The envelope containing the Proposal must be sealed and clearly marked with the Proposal number, Company Name and Address. Failure to do this may necessitate the premature opening of the Proposal which may compromise its confidentiality. Any and all Proposals and contracts made or awarded by the City of Niagara Falls or any department, agency or official thereof for work or services performed or to be performed, or goods purchased or sold or to be purchased or sold are made subject to the provisions of Chapter 861 of the Laws of New York, 1953, as amended by Chapter 751 of the Laws of New York, and as now contained or as may hereafter be amended. The provisions of the New York State General Municipal Law and 103a and 103b are applicable to this Proposal.

RFP #2014-03 INVITATION FOR PROPOSAL

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Sealed proposals will be received by the City Purchasing Division at City Hall, Room 17, 745 Main Street, Niagara Falls, New York, 14302 no later than February 3, 2014 at 11:00 A.M. for operation of the restaurant at the Hyde Park Golf Course, 4343 Porter Road, Niagara Falls, NY. The attached terms and conditions are the framework by which all proposals must be based. A meeting will be held at the restaurant for all prospective concessionaires on January 21, 2014 at 2:00 P.M. All interested parties are strongly urged to attend. For questions regarding this concession please contact Shirley A. Bernat at (716) 286-4371.

RFP #2014-03 TERMS AND CONDITIONS FOR OPERATION OF THE HYDE PARK GOLF COURSE RESTAURANT

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NIAGARA FALLS, NEW YORK ______________________________________________________________________ A. CONCESSION 1. This is a license to operate a concession during the period April 1ST thru November 30th of each year this license is in effect. The concession includes the exclusive sale of all food and drink plus any vending and game machines installed in the Club House. The concessionaire must obtain a liquor license as well as all other necessary permits for operation of the bar and restaurant.

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OPERATION OF THE RESTAURANT 2. The concessionaire may keep the premises open any hours and days he wishes but is required to be open when the Golf Course is open. All forms of entertainment (live performances movies, etc.) shall be subject to approval by the City on a continuing basis.

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BUILDING, EQUIPMENT, FURNISHINGS 1. The City shall be responsible for maintenance and upkeep of the building, plumbing, electric, air conditioning, and heating systems. Furthermore, the City shall keep the access roads and parking areas open and in a good state of repair and will remove snow and ice from the area when necessary. The concessionaire shall be responsible for janitorial service for the restaurant at all times and the golf course restrooms during days and hours in which the Golf Course is closed. Any damage to City property caused by the concessionaire shall be repaired at the concessionaires expense. Any alterations the concessionaire may wish to make to the restaurant must be approved by the Director of Public Works. Permanent improvements and fixtures added to the restaurant shall become the property of the City upon termination of the concession agreement. Below is a list of all the equipment and furnishings in the restaurant which are available for use by the concessionaire. Repairs to the equipment and furnishings are the responsibility of the concessionaire. Upon occupancy of the premises by the concessionaire, a physical inventory shall be taken by the concessionaire and a representative of the City. A new listing of all equipment and furnishings shall be generated and signed by the concessionaire and the City.

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RFP #2014-03 6.

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The Mechanical room can be used for some storage but the concessionaire must maintain a minimum of 10 feet of clearance from the furnace, electrical unit, hot water tank, air conditioning unit and ice machine because they are City owned. If the ice machine fails it is the responsibility of the vendor to furnish their own ice. The concessionaire must, on a regular basis, have the filters and exhaust ducting over the grill cleaned at his expense if the concessionaire uses the equipment. The grease trap is to be cleaned weekly by the concessionaire. City personnel must have the current alarm code and a key to the restaurant in case of an emergency. City personnel may inspect the premises at any time upon prior verbal notice. Upon termination of the concession agreement, the premises, equipment and furnishings are to be returned to the City in the same or better condition as is presently, reasonable wear and tear expected.

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UTILITIES 1. 2. The City shall provide heat and air conditioning for the entire building. Electric and gas (other than that used for heating) is separately metered for the restaurant. The concessionaire is responsible for payment of those utilities and water/sewer.

E.

TERMS OF AGREEMENT 1. Proposals must be based on a term of five (5) years, April 1ST thru November 30th only during each year, commencing on April 1, 2014 and terminating on March 31, 2019. The contract may be extended annually for up to five (5) additional years, thru March 31, 2024, if mutually agreeable. The restaurant must be open for business during the entire golf season. However, it may not be opened prior to April 1st or later than November 30th each year.

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F.

BASIS OF AWARD 1. Award of the concession will be based on the total of the payments for the first five (5) years of the agreement as well as any other offers submitted in the proposals which may be deemed advantageous to the City. Experience in operations of a restaurant/bar shall also be a major factor in determining the best proposal. 2. To be considered for award, a proposal must comply with all the terms and conditions as set forth in this request for proposals.

RFP #2014-03 G. PAYMENT 1.

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Proposals must be based on a fixed monthly payment payable in either twelve (12) equal monthly installments due April 1st thru March 31st each contract year, or six (6) equal monthly installments due May 1ST thru October 1ST each contract year. Your proposal should state which method of payment you prefer. Payments are due the first of each month. A late fee of 1 % per month shall be assessed on all past due amounts. Any proposals which do not include a fixed monthly payment or include a fixed monthly payment plus a percentage of sales or profit will not be considered for award unless the fixed monthly payment is higher than the fixed monthly payment proposed by anyone else. The amount payable to the City may be different each year of the agreement, however, the amount to be paid each year must be clearly stated in the proposal. If you wish to consider extending the agreement beyond the initial five (5) year period the annual payment amounts for those years must be included in your proposal.

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QUALIFICATIONS 1. The individual or business entity which is submitting the proposal for operation of the restaurant must have at least three (3) years experience in identical or acceptably similar food service operation. Such experience must fall within the definition of operational and personnel management. Documentation must be provided with your proposal which includes the names and locations of current and/or previous business you or your company has operated and when they were under your supervision. In the event a business entity is submitting a proposal, a personal guarantee will be required from the principals of the business entity.

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BONDS 1. All proposals must be submitted with a bid bond or certified check in the amount of $2,000.00. Failure to do so will disqualify your proposal from consideration. The concessionaire must provide a performance bond or other form of security acceptable to the Citys Corporation Counsel in the amount of $15,000.00 prior to the restaurant opening. Failure to provide either the bond or security will negate the concession agreement.

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RFP #2014-03 J. INSURANCE 1.

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The concessionaire must provide prior to being allowed on the premises a certificate of insurance which meets all the requirements as set forth in the attached "Instructions for City of Niagara Falls Standard Insurance Certificate". Failure to provide the certificate on a timely basis will constitute a failure to perform under the terms of the contract and the contract will be terminated.

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ASSIGNMENT 1. This concession may not be assigned or sublet without first receiving written approval of the City.

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TERMINATION 1. This is a license and is terminable by the City at will. In addition, if the concessionaire is not performing satisfactorily under the terms of the agreement, or if the City determines not to operate the golf course, or the City enters into an agreement to have the golf course operated by a third party, the City reserves the right to terminate the agreement on thirty (30) days written notice.

RFP #2014-03
GREENS RESTAURANT INVENTORY AS OF JAN. 14, 2009 ASSET 23215 18120 AIR CONDITIONER-PORTABLE DISPENSER-SODA SINK-STAINLESS STEEL-3 TUB SINK-STAINLESS STEEL-3 TUB SINK-SINGLE-STAINLESS STEEL CUPBOARDS-WHITE-BUILT-IN-4 DOOR-8 DRWR RAILS-BRASS-BAR TYPE 21310 71774 18118 18117 21314 21306 21307 21305 21311 REFRIGERATOR-STAINLESS STEEL TABLES-10 EACH-42X30" (1-FURNACE ROOM) PODIUM-WOOD-3 SHELF-HOSTESS STAND PODIUM-WOOD-3 SHELF-HOSTESS STAND DEEP FRYER-FLOOR MODEL CABINET-FOLDING/DISPLAY-SNACKS CABINET-FOLDING/DISPLAY-SNACKS RACK-TRAY-TALL BOY-STAINLESS STEEL RACK-TRAY-TALL BOY-STAINLESS STEEL RACK-TRAY-TALL BOY-STAINLESS STEEL RACK-TRAY-TALL BOY-STAINLESS STEEL LADDER-STEP-WOOD-7' 18115 18116 21312 21313 21315 21316 6708 18119 6709 71775 COUNTER W/3'X2' SHELVES WARMER-STAINLESS STEEL-4 DRAWERS STOVE-6 BURNER-GAS REFRIGERATOR-STAINLESS STEEL DEEP FRYER-FLOOR MODEL CHARGRILL LOCKER-HALF-METAL-6 UNIT SAFE-METAL-BROWN DESK-WOOD-6 DRAWER TABLES-FOLDING-RECTANGULAR-30X96" 4 EACH SINK-STAINLESS STEEL-3 TUB SPRAYER-WATER-FOR SINK 1977 0 1977 0 CARY FRYMASTER RANKIN DELUX 0 0 VULCAN TRUE GF40ST 4223-C 0 0 0 VULCAN HATCO FLAV-R-FRESH HATCO FLAV-R-FRESH CRES-COR CROWN-X CRES-COR CROWN-X CRES-COR CROWN-X CRES-COR CROWN-X 7594G BEVERAGE AIR ITEM YEAR 2006 0 MFR GENERAL ELECTRIC MN APE08AJM1

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SN DL506483

LOCATION GOLF-GREENS GREENS-BAR AREA GREENS-BAR AREA GREENS-BAR AREA GREENS-BAR AREA GREENS-BAR AREA GREENS-BAR AREA GREENS-BAR AREA GREENS-DINING ROOM GREENS-DINING ROOM GREENS-FURNACE RM

48049707

GREENS-FURNACE RM GREENS-FURNACE ROOM GREENS-FURNACE ROOM

120PH1836 120PH1836 120PH1836 120PH1836

GREENS-FURNACE ROOM GREENS-FURNACE ROOM GREENS-FURNACE ROOM GREENS-FURNACE ROOM GREENS-FURNACE ROOM GREENS-KITCHEN GREENS-KITCHEN GREENS-KITCHEN GREENS-KITCHEN

9202FJ0005 3192

GREENS-KITCHEN GREENS-KITCHEN GREENS-LADIES ROOM GREENS-OFFICE GREENS-OFFICE GREENS-PATIO ROOM GREENS-REAR KITCHEN GREENS-REAR KITCHEN

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RFP #2014-03 INSTRUCTIONS FOR CITY OF NIAGARA FALLS STANDARD INSURANCE CERTIFICATE Standard Insurance Requirements apply to the following classifications: Construction and Maintenance Purchase of, or lease of, merchandise or equipment Professional Services Property Leased to others or Use of Facilities or grounds Concessionaire Services Livery Services All purpose Public Entity Contracts

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The Provider of any of the above classifications shall obtain, at his own costs and expense, the following insurance coverage with insurance companies licensed in the State of New York with a Best Rating of at least B+ and shall provide a Certificate of Insurance as evidence of such coverage to the City of Niagara Falls before commencement of work and/or lease or delivery of merchandise or equipment. Certificate should be made to the City of Niagara Falls, N.Y., Room 242, 745 Main Street, PO Box 69, Niagara Falls, N.Y. 14302-0069 and should reference the operation. Prior to non-renewal, cancellation of insurance policies, or material change, at least 30 days advance written notice shall be given to the Certificate Holder. All Certificates of Insurance shall be approved by the Risk Management Department prior to the inception of any work. Minimum coverage with limits and provisions are as follows: A. Comprehensive General Liability With a minimum combined single limit of liability for Bodily Injury and Property Damage of $1,500,000.00 per occurrence and 3,000,000.00 annual aggregate. The coverage shall include: * * * * * * * * * * Premises and Operations Products and Completed Operations No exclusion for X C U coverage (explosion, collapse and underground) Independent Contractors Broad Form Property Damage Contractual Liability Fire Legal Liability (Covered by a standalone limit of $1,000,000) Personal Injury Liability (Cov. A, B and C) Liquor Liability (if alcoholic beverages are to be dispensed under NYS License.) If the work to be performed is undertaken pursuant to a home improvement contract and a City right-of-way permit is required only by reason of the installation, repair or replacement of a driveway, apron, or sidewalk within the City right-of-way, then the limits of liability for comprehensive general liability set forth in this section shall be $1,000,000 per occurrence and $2,000,000 annual aggregate.

RFP #2014-03

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The City of Niagara Falls shall be named as an Additional Insured on the General Liability Policy with the following provisions: 1. 2. B. The insurance company or companies issuing the policies shall have no recourse against the City of Niagara Falls for payment of any premiums or for assessments under any form of policy. The insurance shall apply separately to each insured (except with respect to the limit of liability). Auto Liability: (if licensed vehicles are to be used in the operation) With a combined single limit for Bodily Injury and Property Damage of $1,000,000.00 each occurrence, the coverage shall include Owned, Hired and Non-owned autos (Symbol 1 should be designated for Liability Coverage on Business Auto Policy). Excess Umbrella Liability: If General Liability and/or auto limits are lower than required in the above sections, Umbrella Liability or Excess Liability to the required limit is acceptable. Owners Protective Liability: (on contracts for construction which exceed a cost of $100,000). With a minimum limit of $1,500,000.00 each occurrence and 3,000,000.00 aggregate. Named insured shall be the City of Niagara Falls, New York. Professional Liability: If the contract includes professional services (engineers, architects, etc.), contractor will carry professional liability insurance with a minimum limit of one million dollars ($1,000,000.00). Property Insurance: (if applicable) Contractor shall purchase and maintain property insurance upon the work at or off the site to 100% of the contract completed value. This insurance shall include the interest of the Owner, Contractor and Subcontractors in the work; shall insure against the perils of fire and extended coverage; shall include "all risk" insurance for physical loss and damage including theft, vandalism and malicious mischief, collapse and water damage. All such insurance required by this paragraph shall remain in effect until the work is completed and accepted by the Owner. Statutory Workers' Compensation and Employers Liability: All contractors doing business with or vendors entering upon City of Niagara Falls property shall carry the above insurance, in compliance with the Workers' Compensation Law of the State of New York. Performance and Payment Bond: (if specified in bid request) A performance and payment bond shall be issued by a Surety company who is licensed by the Insurance Department of the State of New York in favor of the City of Niagara Falls in the amount of not less than __________________________ percentum of the total amount and shall be delivered before commencement of lease or assumption of operations under contract.

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NOTE; IF THE CONTRACT IS FOR PROFESSIONAL SERVICES ONLY, (ENGINEERS, ARCHITECTS, ETC.), PARAGRAPHS D, F AND H WILL NOT APPLY.