2025-REC-003-----RFP for Easton_s Beach Chairs and Umbrellas concessions PDF.pdf

CITY OF NEWPORT, RHODE ISLAND

PURCHASING DIVISION

NOTICE TO BIDDERS

SEALED

RFP#2025-REC-003

Sealed proposals are being requested to provide an Umbrella and Beach Chair Concessions at Easton’s Beach, in accordance with all terms and specifications contained herein, will be received in the Purchasing Office, City Hall, 43 Broadway, Newport, R. I., until:

Two (2) o’clock P.M., Local Time May 7, 2025

Proposals must be submitted in sealed envelopes addressed to the Purchasing Office, City Hall, 43 Broadway, Newport, R. I. 02840, and must be plainly marked in the lower left hand corner, “Umbrella and Beach Chair Concessions at Easton’s Beach - RFP # 2025-REC-003”. Please provide one (1) original and three (3) copies of proposal, and one (1) electronic copy on thumb drive/ CD of your submittal.

NOTICE: Fee schedules must be clearly marked “Fee Schedule” submitted in a separate, sealed envelope from the proposal.

Bids shall be delivered by hand to Kevin Cortes-Purchasing Agent, via mail, or to the Drop Box located at the base of the stairs at the Bull Street entrance to Newport City Hall, 43 Broadway, Newport, RI 02840, no later than 2:00 PM local time on May 7, 2025.

The technical point of contact for this package is Erik Reis, ereis@cityofnewport.com

Note: Bid Tabulations will be posted on the City of Newport website generally within twenty-four (24) hours of the closing date

It is the bidder’s responsibility to see that the bid is delivered within the time and at the place prescribed. Bids received prior to the time of opening will be securely kept, unopened. Bids may be withdrawn on written request (on the letterhead of the bidder and signed by the person signing the bid) which must be received prior to the time fixed for opening. Bids may be modified in the same manner. No bid or modification mailto:ereis@cityofnewport.com thereof received after the time set for opening will be considered, even if it is determined by the City that such non-arrival before the time set for opening was due solely to the delay in the mails for which the bidder is not responsible.

Any bidder taking exception to, or questioning any of the provisions, procedures, conditions or specifications herein stated should make such exceptions known to the undersigned, in writing, not less than five (5) days before the bid opening.

Any change or interpretation made as a result thereof will be published in an addendum and mailed to all prospective bidders. Should a bidder still not be satisfied, he may, in the bid, set out and stipulate the exception, with enough explanation to be understood by the City and, within the stipulation, the INCREASE or DECREASE in the bid price because of the exception shall be stated. The City may, at its discretion, accept or reject any or all exceptions.

Federal Excise Taxes and/or Rhode Island Use Taxes are not to be included in the bid.

The City will execute exemption certificates if furnished by the bidder when submitting his invoice.

The bidder will state the approximate delivery date in the bid, or the time required to make delivery after notification of award.

The right is reserved, as the interest of the City may require, to reject any or all bid proposals, to waive any technical defect or informality in bids received, and to accept or reject any bid or portion thereof.

The City of Newport reserves the right to reject any or all proposals or to accept any proposals deemed to be for the best interest of the City.

Note: All bidders are responsible for insuring that no addenda have been added to the original bid package.

Prevailing Wage - Any construction over $ 1,000.00 is required by state law to pay state prevailing wage. A current copy of the most recent Prevailing Wage scale is obtained from the State of Rhode Island, Department of Labor and Training, Division of Professional Regulation or at the Davis-Bacon Wage Determination link. It is also by request for each construction bid document. All vendors supplying construction services must submit certified payrolls from any contractor and sub-contractor who work on the project. No payments are made until all payrolls are up to date, and correct. Click here for Prevailing Wage Tables.

Prevailing Wages also applies to ALL other (Non-Construction) Requirements. If the City's requirement is sealed bid, the DAVIS-BACON Wage Determination applies.

GENERAL CONDITIONS (if applicable)

1. The City reserves the right to reject any and all proposals, to waive any informality, to request interviews of Service Providers prior to award and to select and negotiate the Service Provider services in the best interest of the City.

2. The Service Provider shall guarantee to perform the services offered and the total price of the proposal for a period of not less than 60 days from the deadline for submission of proposals.

3. The City reserves the right to accept all or part of any proposal, and to negotiate a contract for services and cost with the selected Service Provider.

4. The Service Provider shall provide all necessary personnel, materials and equipment to perform and complete all work under this proposal.

5. All original documents and drawings shall become the property of the City after completion of the Service Provider’s work.

6. The City of Newport intends to recommend award of a contract to the City Council for the requested services within one (1) month of receipt of the proposals. The Service Provider shall be prepared to commence work immediately upon execution of a contract with the City.

7. Awards will not be made to any person, firm or company in default of a contract with the City, the State of Rhode Island or the Federal Government.

8. The Service Provider hereby agrees that it will assign to the City of Newport all cause of action that it may acquire under the anti-trust laws of Rhode Island and the United States as the result of conspiracies, combination of contracts in restraint of trade which affect the price of goods or services obtained by the City under this contract if so requested by the City of Newport.

9. Unless otherwise stated, invoices are to be submitted (to Accounting Office) in duplicate upon delivery of service to the City. The invoice must include an itemization of all services provided, including unit list price, net price, extensions and total amount(s) due.

10. Unless otherwise stated, payment will be made within thirty (30) days of the completion of the service, in an acceptable fashion, to the City and receipt of invoice, whichever is later.

11. City is exempt from all sales and Federal excise taxes. Our exemption number is 05-

6000260. Please bill less these taxes.

12. The City of Newport’s obligations to pay any amount due under a contract are contingent upon availability and continuation of funds for the purpose. The City may terminate the contract, for non-appropriation of funds, and all payment obligations of the City cease on the date of termination.

13. None of the services covered by the contract shall be assigned in full or in part, or sub-contracted without the prior approval of the City.

14. This contract will be for the services described above; however, this agreement should not be considered exclusive. As deemed necessary, the City reserves the right to obtain these services from any other vendor.

15. Unless otherwise specified all costs listed are firm for the term of the contract.

16. Neither party shall be liable for any inability to perform its’ obligations under any subsequent agreement due to war, riot, insurrection, civil commotion, fire, flood, earthquake, storm or other act of God.

17. Notification of the parties shall be considered to have been constructively received when it is mailed via the United States Postal Service or delivered in hand to the parties as stated in the contract.

18. If any of the GENERAL TERMS AND CONDITIONS is held to be invalid or unenforceable, it will be construed to have the broadest interpretation which would make it valid and enforceable under such holding. Invalidity or unenforceability of a term or condition will not affect any of the other GENERAL TERMS AND CONDITIONS.

19. Each and every provision and clause required by law to be inserted in any subsequent

Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, the Contract shall forthwith be physically amended to make such insertion or correction.

20. Proposal shall also mean quotation, bid, offer, qualification/experience statement, and services. Proposers shall also mean vendors, offerors, bidders, or any person or firm responding to a Request for Proposals.

21. All contracts entered into by the City of Newport shall be governed by the Laws of the

State of Rhode Island. Any disputes shall be resolved within the venue of the State of Rhode Island and Newport County.

22. The Service Provider selected for this project shall procure and maintain the following types of insurance:

• Statutory Workers Compensation and Employer’s Liability Insurance

• Professional Services Liability Insurance for errors and omissions ($1,000,000.00 minimum)

• Liability and Property Damage Insurance (a) Bodily injury liability: $500,000 each person, $1,000,000 each occurrence; (b) Property damage liability: $500,000 each occurrence, $1,000,000 aggregate.

CITY OF NEWPORT, RHODE ISLAND

Kevin Cortes, Purchasing Agent

CITY OF NEWPORT PUBLIC SERVICES

BEACH DIVISION

REQUEST FOR PROPOSAL (RFP) FOR UMBRELLA AND CHAIR

CONCESSIONS AT EASTON’S BEACH

A. PURPOSE OF REQUEST

In an effort to promote tourism as a leading seashore destination, the City of Newport Branch is seeking seasonal concessions to enhance the experience of visitors and showcase the City’s public beaches.

B. LOCATION & SQUARE FOOTAGE

Easton’s Beach is located at 175 Memorial Blvd., Newport, RI 02840, adjacent to the landmark known as the Cliff Walk. The “Umbrella and Beach Chair Concessions” will be located on the Boardwalk, in the area of the flagpole, or any other area that does not disrupt daily operations and is approved the Recreation Program Supervisor and/or the Recreation & Beach Administrator.

C. TERM

The CITY is seeking Concessionaire for a one (1) year term. No longer will term be considered at this point.

D. GENERAL OPERATING REQUIREMENTS

a. Required items to be sold The successful Concessionaire will be required to rent the following at a minimum, but not limited to, Beach Chairs and Umbrellas.

b. Conflict of Interest with Current Agreements on Beach Property The successful Concessionaire cannot provide and/or sell products and/or services that are otherwise under Agreement with other Concessionaires on the Beach Property. Current agreements include, but are not limited to, Food Service provider (all food and drink), Frozen Lemonade (frozen drinks and/or novelties), Yoga Classes, Water Sports Concessions (Surf board rentals/lessons and Standup Paddleboard rentals/lessons) and Volleyball (tournaments or leagues)

c. Compliance with Laws The successful Concessionaire must meet all current Rhode Island laws, standards and regulations. The successful Concessionaire must at all times, display appropriate Rhode Island permits and licenses. The successful Concessionaire will be responsible for obtaining the appropriate, valid permits and authorizations required by the State of Rhode Island. The selling and/or advertisement of alcohol, cigarettes, cigars, or any other [smokeless] tobacco product are strictly prohibited.

E. CONCESSIONAIRE RESPONSIBILITIES

a. Concessions Season

The proposed Concessionaire will have the opportunity to operate the “Umbrella and

Beach Chair Concessions” from May 24 to September 28, 2025, but at a minimum, the following dates:

• Weekends and federal holidays from the Saturday of Memorial Day weekend through the second full weekend in June.

• Daily from the third Saturday of June through Monday of Labor Day weekend.

b. Hours of Operation

Hours and days of operation during the season must be approved in advance by the Beach Manager. At minimum, the Concessionaire will be required to operate from 9:00 a.m. until 5:00 pm, (weather permitting). Concessionaire may operate additional hours, at the discretion of the Beach Manager. The Concessionaire will be required to cooperate with the CITY during hosted Special Events and other unanticipated events.

c. Customer Service The CITY expects the Concessionaire to create and maintain a high-quality amenity for the public. The CITY encourages Concessionaires to outline customer service mechanisms that will enhance and maintain the satisfaction of patrons.

d. Management The CITY requires that there will be a principal site manager on the premises at all times, who is to be responsive to directives of the Beach Manager. Local owner/operators are strongly preferred.

e. Personnel The Concessionaire will be required to have a sufficient number of staff available during regular operating hours to ensure proper operation of the concessions.

The Concessionaire will recruit, train, supervise, direct, discipline, if necessary, discharge and all of its personnel working at the retail store location. The Concessionaire pays all costs including compensation, payroll and worker’s compensation. The Concessionaire shall require its employees to comply with all instructions, regulations and codes of conduct as specified by the City, State and Federal Governments.

The Concessionaire agrees to comply with all Federal, State and local laws and regulations, including but not limited to those pertaining to non-discrimination in their hiring and employment practices.

The Concessionaire shall notify the Beach Manager of any anticipated labor, employee problems or any other circumstances that could adversely affect the operation of the retail space.

f. Signage and Advertising All brand panels and signage shall be approved by the Beach Manager in advance.

g. Maintenance of Premises

The Concessionaire is required to maintain all equipment, furniture, and fixtures related to the concession’s operation.

h. Storage The Concessionaire will not have access to storage space owned and operated by the City of Newport.

i. Equipment The Concessionaire will be required to provide and maintain all equipment necessary for the successful operation of the concessions. The Concessionaire will also be required to supply all equipment, furnishings and materials necessary to operate a concession.

j. Inspections and Liquidated Damages

The Beach Manager may inspect operations and ensure proper maintenance of the Premises. If the Concessionaire fails to provide the cleaning, maintenance, and operational services required by the agreement, the Beach Manger may issue directives regarding deficiencies, and the Concessionaire will be obligated to rectify in a timely fashion.

k. Security The Concessionaire will be required to secure the concessions every evening. The CITY highly encourages removal of the concession’s items on a daily basis.

l. Insurance and Taxes The Concessionaire will be required to indemnify the CITY for losses associated with the Concessionaire's actions under the agreement, pursuant to a provision to be included in the agreement. The Concessionaire will be required to carry the following insurance:

1. Statutory Worker’s Compensation and Employer’s Liability Insurance

2. Liability and Property Damage Insurance

a. Bodily Injury Liability: $500,000.00 each person, $1,000,000.00 each occurrence

b. Property Damage Liability: $100,000.00 each occurrence, $250,000.00 each aggregate.

All policies other than Employer's Liability, Worker's Compensation and Disability must name the City of Newport as an additional insured.

Proposers are on notice that the CITY may require higher liability limits if, in the opinion of the CITY’s Risk Manager, the proposed program warrants it.

The Concessionaire will be required to pay all taxes applicable to the operation of the retail space. Gross receipts shall exclude the amount of any Federal, State or City taxes which are paid by the Concessionaire against its sales.

m. Special Events – Additional Revenue Opportunities

In addition to supplying the minimum hours during the regular day to day beach operation, the Concessionaire has the ability to generate revenue by capitalizing on the prime location. Select events at Easton’s Beach in 2025 included:

• Lifeguard Tournament (late July/early August)

• Newport Volleyball Tournament (7-8 weekends during summer)

• Family Night Concert Series (Tuesday nights in July/August)

• Kid’s Night Series (Thursday Nights in July)

n. Beach Closures

The Concessionairee will accept the risk that the Beach may have to be closed for swimming in the event that the Beach Manager determines the surf conditions are too dangerous; and that it is possible that the RI Department of Health may occasionally have to exercise its authority and order Easton’s Beach closed in the event that the littoral swimming area exceeds State standards for bacteria.

Concessionairee accepts that any resulting detrimental impact on business is beyond the control of the CITY.

o. Payment Schedule

i. The concession proposal should be submitted on the basis of a flat fee and/or percentage basis. The successful bidder shall pay fees to the CITY as follows:

1. August 1 (for period May/June/July): 50% of base bid and/or accepted percentage of sales.

2. October 15 (for period August/September): 50% of base bid and/or accepted percentage of sales.

ii. Percentage base offers will require a ledger of transactions to be submitted with the percentage of sales payment.

p. Marketing

Business trademarks and websites are not included.

q. Alterations-Additions The Concessionairee may not make alterations to the “leased premises “without expressed, written consent from the CITY.

r. Music The Concessionairee will not be allowed to play any loud music or music with profanity at any time during the hours of operation, and will not be allowed to amplify music or yell or horn blowing to the outdoors.

F. AWARD CRITERIA

Each proposal submitted must meet the following requirements. Failure to comply will result in the automatic disqualification of a submission from further consideration. Proposers should submit the following information for evaluation:

a. Fee Offer Fee Schedule: The ‘Fee Schedule’ should be submitted in a separate, sealed envelope from the proposal.

b. Experience and Management Structure

Proposer’s experience in running similar retail location(s); The firm’s key personnel and their number of years in the retail business.

c. Proposed Operation

a. Hours of Operation

b. Staffing

c. Products to be offered and sample price list of such products

d. Operating methods

e. Type of equipment to be used

f. Proposed signage

g. Uniforms

The CITY 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. The CITY’s acceptance of a proposal does not imply that every element of that proposal has been accepted. The CITY reserves the right to negotiate final details with proposers. The CITY 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 the CITY will visit facilities operated by proposers.

The CITY reserves the right to postpone or cancel this RFP or reject all proposals, if in its judgment it deems it to be in the best interest of the City of Newport to do so.

Proposers have the right to appeal a determination of non-responsiveness and/or non-responsibility and have the right to protest a solicitation and award as specified in the regulations and ordinances of the City of Newport.

Proposers are advised that the award of this retail space lease is subject to applicable provisions of Federal, State, and local laws and executive orders requiring affirmative action and equal employment opportunity. Proposers are advised that the CITY has the option of selecting the proposer without conducting discussions or negotiations. Therefore, proposers should submit their best proposals initially, since discussions or negotiations may not take place.

All Requests for Proposals submission materials become the property of the CITY. Proposal submission material will generally be made available for inspection and copying by interested parties upon written request. The CITY 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 lease will be developed and operated pursuant to a retail space lease agreement issued by the CITY. In the event this agreement is terminated, the CITY will not consider proposals for reimbursement of licensee's unamortized capital improvement costs as of the date of termination.

Late proposals and late modifications will not be considered for evaluation.

G. RFP SUBMISSION

The information to be submitted in this RFP is listed in this section. The proposer shall respond to each item:

a. General Information

i. Name and Address of Firm

ii. Contact person and email, phone and fax number

iii. Bid/Proposal Sheet: Total Fee Offer

iv. Bid/Proposal Sheet: Officers of your Corporation or Principals of your LLC

v. Key personnel and qualifications

vi. Description of litigation, if any, in the last five years or currently pending

vii. Verification of good standing with Rhode Island Division of Taxation

b. Experience

i. Description of previous and/or current retail experience, including locations of retail facilities. Description should include rent, staffing, locations and contact persons, as well as credit and/or banking references.

c. Proposed Operation

i. Hours of Operation

ii. Staffing levels – proposed management and key personnel

iii. Proposed first year product “menu” and pricing

iv. Method of operation

v. Service to Customer

vi. Signage/Advertising

vii. Uniforms

Proposal Sheet # 2025-REC-003

List the Officers of your Corporation or Principals of your LLC. Award cannot be done without the attachment.

Complete Company Name

Name Title/Officer/Position