RFP-564_FLOATING RESTAURANTFOOD SERVICE AT JFK MARINA PARK.pdf

RFP-564 – Floating Restaurant / Food Service at JFK Marina Park

CITY OF YONKERS, NEW YORK - BUREAU OF PURCHASING

REQUEST FOR PROPOSAL (“RFP”) NO. 564

SOLICITATION DOCUMENTS FOR

FLOATING RESTAURANT/FOOD SERVICE AT JFK MARINA PARK

DEADLINE FOR PROPOSAL SUBMISSIONS: FRIDAY, OCTOBER 16, 2026, BY 2 PM ET

The City of Yonkers is requesting proposals to be submitted via electronic delivery method through the Empire State Purchasing Group System – BidNet (http://www.empirestatebidsystem.com/). Refer to solicitation RFP-564.

File capacity may not exceed 500mb. For any issues requiring technical support vendors shall contact BidNet at 1-800-835- 4630. The City will not be responsible for submission delays or other unforeseen circumstances related to Proposer’s submitting its proposal electronically.

Proposers shall prepare (4) single PDF files for submission: RFP-564

One marked Technical Proposal, one marked Cost Proposal, one marked Schedules, and one marked Vendor Background Questionnaire, all with your legal company name. Return all required Schedules with your submission.

Electronic signatures and/or scanned signatures from Proposers’ authorized representatives will be acceptable.

Proposals received after 2:00 PM are late and will not be accepted.

Proposals will not be accepted via email.

Deadline for receipt of written questions (submitted to Miguel A. Martinez via email):

WEDNESDAY, OCTOBER 7, 2026, 12PM ET – submit on company letterhead as an MS Word document in font - Times New Roman, size 11.

RFP Contact:

Miguel A. Martinez, III, MBA, NIGP-CPP City of Yonkers / Yonkers Public Schools Email: Miguel.Martinez@yonkersny.gov Bureau of Purchasing Phone: 914-377-6163 One Larkin Center, 3rd floor Yonkers, New York 10701 mailto:Miguel.Martinez@yonkersny.gov

TABLE OF CONTENTS

SECTION I. INTRODUCTION ...................................................................................................... 3-6

SECTION II. INFORMATION FOR PROPOSERS ....................................................................... 7-12

SECTION III. SCOPE OF WORK / SERVICES (SCHEDULE “A”) .........................................13-16

SECTION IV. SUBMISSION PACKAGE REQUIREMENTS .................................................... 17-20

SECTION V. COST PROPOSAL (SCHEDULE “B”) ................................................................ 21-22

ADDENDUMS AS NECESSARY………..……………………………………………………………….23

SCHEDULE “C” INSURANCE .................................................................................................... 24-26

INTENT TO SUBMIT PROPOSAL

ADDITIONAL ATTACHMENT UPLOADED SEPARATELY TO BIDNET:

1. CITY OF YONKERS FORM OF LICENSE AGREEMENT AND REQUIRED DISCLOSURE

SCHEDULES D THROUGH H – TO BE ISSUED BY ADDENDUM

2. JFK Marina Phase 2 Technical Drawings – 16 PDF PAGES

Site visits have been scheduled for the following dates:

• WEDNESDAY, SEPTEMBER 23, 2026 – 11AM-1PM EST

• THURSDAY, SEPTEMBER 24, 2026 – 11AM – 1PM

• FRIDAY, SEPTEMBER 25, 2026 – 11AM-1PM

Location: 1 John F Kennedy Memorial Dr, Yonkers, NY 10701

**PLEASE NOTIFY THE RFP CONTACT ON PAGE 1 IF YOU ARE PLANNING ON ATTENDING ANY

OF THESE SITE SURVEY DATES**

Attendance at one of the site visits is STRONGLY ENCOURAGED. If alternate dates are required, vendors can reach out to the Purchasing Department contacts to inquire about scheduling an alternative date. No additional site visits will be held after the deadline for written questions.

SECTION I. INTRODUCTION

The City of Yonkers (the “City”) seeks proposals from experienced restaurateurs and hospitality groups with marine operations experience to develop and operate a floating restaurant on the Hudson River. We envision a distinctive dining destination on the water itself, moored at JFK Marina, an extremely active riverfront park owned by the City.

The concept currently under consideration includes a floating restaurant located on a barge or moored vessel and accessed from shore by a City-designed and City-constructed fixed landing platform and gangway. The previously referenced dimensions are conceptual only and are not final design requirements. The final configuration, dimensions, anchoring or piling system, and interface with the operator's vessel will be developed by the City in collaboration with the successful Proposer and will remain subject to engineering review, permitting, site conditions, and all required approvals.

It is anticipated that the operator will be the owner of the barge/vessel and would provide the complete fit-out. The City will design and construct the fixed platform, gangway, and utility connection points to the operator’s requirements; proposals should therefore specify the vessel characteristics, utility loads, and landside improvements the proposer’s concept requires, as detailed in the submission requirements of this RFP.

Proposers must submit both a Technical and a Cost Proposal for these services, based on the requirements described herein.

The successful proposer shall perform all the necessary services provided under any contract resulting from this Request for Proposals (“RFP”) in a satisfactory and proper manner, as determined by the City, and in accordance with professional and current industry standards.

Information regarding the City of Yonkers may be obtained from the City’s website at: www.yonkersny.gov.

Technical Proposals shall be based on the Scope-of-Services described herein. Cost Proposals should be based on the Scope-of-Services described herein and submitted using the Cost Proposal Form included as part of this RFP.

The City of Yonkers is not responsible for any internal or external delivery delays, which may cause the RFP to arrive beyond the deadline. No materials will be accepted after the deadline.

A City evaluation committee will review the proposals and may conduct interviews with one or more of the qualified proposers as part of the final selection process. Proposers may be asked to make a presentation to the evaluation committee.

The City of Yonkers reserves the right to accept, reject or negotiate modifications to any proposal, as it shall, in its sole discretion, deem to be in its best interest.

While the City of Yonkers reserves the right to negotiate with all proposers regarding the information which is requested in this RFP, each proposer must provide all information as requested to be considered and may be disqualified for failure to submit any required attachment/ exhibit, or for submitting incomplete or non-responsive information, exhibits or attachments. Any such negotiations will occur subsequent to review and certification of proposals as fully complete and responsive.

NO RIGHTS SHALL ACCRUE TO ANY PROPOSER BY THE FACT THAT A PROPOSAL HAS BEEN

SELECTED BY THE CITY FOR SUBMISSION TO THE BOARD OF CONTRACT & SUPPLY FOR

http://www.yonkersny.gov/

CONTRACT APPROVAL. SAID BOARD HAS THE RIGHT TO REJECT ANY RECOMMENDATION AND

THE APPROVAL OF SAID BOARD IS NECESSARY BEFORE A VALID AND BINDING CONTRACT MAY

BE EXECUTED BY THE CITY.

Proposers are advised that the contents of this RFP and the successful Proposer’s Technical and Cost Proposal, as submitted or negotiated, will be incorporated into the resultant agreement.

NO COMMUNICATIONS OF ANY KIND WILL BE BINDING AGAINST THE CITY, EXCEPT FOR THE

FORMAL WRITTEN RESPONSES TO ANY WRITTEN REQUET FOR CLARIFICATION.

Answers to all inquiries will be in writing and made available to all prospective vendors in the form of a formal addendum to the RFP. Said addendum shall be annexed to and become part of the ensuing contract. Formal addenda will be published on the Empire State Purchasing Group website at www.empirestatebidsystem.com.

Only written addenda issued by the Bureau of Purchasing shall be binding. No officer, employee, or agent of the City is authorized to clarify or amend these Solicitation Documents by any other method, and any such clarification or amendment, if given, is not binding on the City.

Prospective proposers are reminded that it is their responsibility to ensure that they receive all addenda.

SECTION IA. PURPOSE & BACKGROUND

The vision for this site is not new, and its history is worth knowing. The City has worked to activate this stretch of riverfront for nearly a century, investing more than $5 million between the 1920s and the mid-1980s to prepare the marina for development. In 1985, a proposal to moor a floating restaurant at the John F. Kennedy Marina won wholehearted support from the City’s Parks Board and elected officials, and in 1986 the City signed a lease and welcomed the River Princess to the marina’s docks – a 900-ton excursion steamer built in 1917, a storied vessel that had once hosted Elvis Presley’s first Washington-area concert, slated for conversion into a multi-level restaurant and catering facility for as many as 1,000 guests.

The concept was right; the era was not. The vessel was nearly seventy years old and required millions of dollars in rehabilitation, the Yonkers waterfront of the 1980s could not yet support a destination restaurant: there was no esplanade, no daylighted river, and no residential towers at the water’s edge. The venture never took hold and ended in bankruptcy in 1990. The City is returning to the concept now because every one of those conditions has reversed under the leadership of Mayor Mike Spano who has, since 2012, led more than $5 billion in new economic development – much of it on the City’s waterfront.

Yonkers: Westchester County’s Largest City

Yonkers is the third-largest city in the State of New York and the largest in Westchester County – a city of more than 210,000 residents on the east bank of the Hudson River, sharing a border with New York City. It has been called the fastest-growing big city in the State, and it is regularly cited as one of the safest cities of its size in the country. The momentum behind it is measurable. More than $5 billion in private investment has flowed into Yonkers in recent years through an aggressive program of public-private partnerships. Since 2012, the Yonkers Industrial Development Agency alone has closed 81 projects representing $3.5 billion in total investment, with sixteen more projects, another $1.6 billion now in the pipeline, and much of this investment is concentrated along the downtown Hudson River waterfront. Over the same period, 13,649 new housing units have been built, placed under construction, or advanced into planning across 38 developments citywide, and in the past year alone the City has approved, or begun the approval process for, some 3,000 more.

Nowhere is the transformation more visible than at the water’s edge. More than a mile of public waterfront esplanade is open, with another half mile under construction, linking a riverfront sculpture garden, a waterfront amphitheater, and a chain of parks along the Hudson. Over 1,000 linear feet of the long-buried Saw Mill River have been daylighted through three downtown parks. Extell Development’s $585 million Hudson Piers – which will provide more than 1,300 new residences at full build-out, the largest private development in the city’s history – welcomed its first 369 households in 2025, has broken ground on Phase II in 2026, and will extend the esplanade another half mile. That development is due south from the JFK Marina. Likewise, the 250-unit 44 Hudson tower, now the tallest building in the city, has opened steps from the water, and 447 new residences have risen around the Greystone Metro-North station, a short distance north of JFK Marina.

New York State has taken notice. In July 2026, Governor Kathy Hochul announced Yonkers as the Mid-Hudson winner of the ninth round of the State’s Downtown Revitalization Initiative – a $10 million award to advance The Hudson Gateway Connector, the City’s plan to restore historic infrastructure and activate the downtown waterfront for public life. The waterfront is also home to “Hollywood on Hudson,” nearly half-million square feet of newly constructed film-studio space anchored by Lionsgate Studios at the downtown iPark campus, with 145,000 additional square feet in the pipeline and roughly 2,800 jobs tied to production. And the audience keeps arriving – Metro-North’s Hudson Line puts the city roughly 30 minutes from Grand Central Terminal, and attractions such as Untermyer Park and Gardens, which drew 300,000 visitors in 2024, rank among Westchester County’s largest tourist draws.

The City’s commitment to the JFK Marina site and to the model is already demonstrated: it has invested $8 million in repairs and upgrades at JFK Marina, and downriver at the City’s restored historic Recreation Pier. In 2025, the City’s public-private partnership with a private hospitality group delivered the SeaFire Grill – the waterfront’s new 5-star signature restaurant.

For a hospitality operator, the essential point is this: the infrastructure of a destination – the parks, the esplanade, the transit, the housing, and the audience is already built and still compounding, with a $45 million flagship waterfront park advancing at Fernbrook and the 26-acre Domino Sugar waterfront site being repositioned for mixed use as of this writing. What the City is doing now is activating that infrastructure and few activations are as visible, as memorable, or as commercially promising as a signature restaurant floating on the Hudson.

Proposals submitted in response to this RFP will form the basis for the City’s selection of an operator and the negotiation of a concession agreement for the design, fit-out, and operation of the facility, in accordance with the submission requirements, evaluation criteria, and terms set forth elsewhere in this RFP. The City’s objective is a landmark, financially-durable waterfront restaurant – the realization of a four-decade-old vision whose moment has finally arrived.

JFK Marina Park view of a floating facility overlooking the Hudson River and Palisades (AI rendering)

SECTION II. INFORMATION FOR PROPOSERS

1. PROPOSAL SUBMISSION REQUIREMENTS:

The City of Yonkers will allow proposals to be submitted via electronic delivery method through the Empire State Purchasing Group System – BidNet (http://www.empirestatebidsystem.com/).

Refer to solicitation:

RFP NO. 564 -PROPOSAL SUBMISSIONS DUE DATE BY:

FRIDAY, OCTOBER 16, 2026, 2 PM ET

Proposers shall prepare (4) single PDF files for submission:

MARK the files:

• RFP-564- Technical Proposal with your legal company name

• RFP-564 - Cost Proposal with your legal company name

• RFP-564 - Schedules with your legal company name, Schedules “D”, “E”, “G”, & “H”*

• RFP-564 - Vendor Background Questionnaire, Schedule “F”*

*The City's form of license agreement and required Schedules D through H will be issued by addendum.

Proposers shall complete and return all required schedules with their proposals.

Electronic signatures and/or scanned signatures from Proposers’ authorized representatives will be acceptable.

Proposals will not be accepted via email. Proposal packages must be submitted as a whole and in their entirety. Respondents must fully complete all Schedules attached to the Form of Contract.

2. The proposal cover letter signed by a person authorized by the proposer to make a binding proposal must set forth that that “this proposal constitutes a valid, binding and continuing offer at the prices set forth in the proposal for a period of one hundred twenty (120) calendar days from the deadline for acceptance of proposals as set forth herein.”

3. Oral Presentations. After receipt of Proposals, Proposers may be requested to make an oral presentation.

Proposers unable or unwilling to make oral presentations may be removed from consideration.

4. No proposal will be accepted from nor any agreement awarded to any proposer that is in arrears upon any debt or in default of any obligation owed to the City. Additionally, no agreement will be awarded to any proposer that has failed to satisfactorily perform pursuant to any prior agreement with the City.

5. Modified Proposals. A Proposer may submit a modified Proposal to replace all or any portions of a previously submitted Proposal up until the Proposal Due Date and Time and, if discussions have begun, up until the Due Date and time Established for submission of Best and Final Offers. The Evaluation Committee shall consider only the latest timely version of the Proposal.

6. Proposals MUST be signed. Unsigned proposals will be rejected.

7. A Proposal shall be irrevocable for a period of one hundred twenty (120) calendar days from the Proposal Due Date and Time. A Proposal may be withdrawn in writing before the Proposal Due Date and Time or, if discussions have begun up until the Due Date and Time set for the submission of Best and Final Offers.

8. Late proposals will not be accepted.

9. Requests for clarification of this RFP MUST be written and submitted via email to Miguel A. Martinez, III, MBA, NIGP-CPP, City of Yonkers/Yonkers Public Schools, One Larkin Center, 3rd Floor, Yonkers, NY 10701, Phone: 914-377-6163, Email: miguel.martinez@yonkersny.gov as set forth on the cover page of this RFP. All requests must cite page and paragraph numbers.

A. CONTRACT AWARD

1. Contract(s) resulting from this solicitation shall be awarded to the Proposer the City considers most qualified and whose Proposal the City determines to be the most advantageous to the City, based on the evaluation factors set forth in the RFP.

2. Proposer must comply with any and all federal, state, and local laws, rules and regulations, and executive orders applicable to the subject matter of this contract, including Equal Employment Opportunities (EEO), Civil Rights, MacBride Fair Employment Principles, the Iran Divestment Act, and the New York State Labor Law.

3. After selection of the successful proposer, and following contract negotiations, a formal written contract will be prepared by the City of Yonkers, subject to all required oversight approvals, and will not be binding until signed by both parties.

4. Term of Agreement. Each Proposer shall propose one of the following term structures: (a) an initial term of five (5) years with one optional five-year renewal term; or (b) an initial term of ten (10) years. Any renewal shall be by mutual written agreement of the City and the successful Proposer, subject to all required approvals. The Proposer shall identify its selected term structure and propose the license or concession fee and revenue-share arrangement applicable to each year of the proposed initial and renewal terms, as applicable. The City reserves the right to negotiate the final term and economic structure with the selected Proposer.

5. Any agreement resulting from this RFP will be in the form of a license or concession agreement substantially consistent with the terms set forth in this RFP and the City's form of license agreement, which will be issued by addendum and incorporated herein by reference.

B. LEGAL UNDERSTANDINGS

1. The City of Yonkers reserves the right to cancel this RFP at any time, if the City deems it to be in its best interest. In no event shall the City have any liability whatsoever for cancellation of an award before execution of a contract. A Proposer assumes sole risk and responsibility for its expenses before execution of a contract and shall not commence work until receipt of a contract.

2. A Proposer shall not have any rights against the City arising from an invitation to enter negotiations or to submit a Best and Final Offer.

3. By submission of a proposal in response to this RFP, proposing entity agrees to and understands:

mailto:miguel.martinez@yonkersny.gov

a. That any proposal, attachments, additional information, etc. submitted pursuant to this RFP constitute merely a suggestion to negotiate with the City and is not a bid under Section 103 of the New York State General Municipal Law;

b. Submission of a proposal, attachments, and additional information shall not entitle the proposing entity to enter into a service agreement with the City for the required services

c. By submitting a proposal, the proposing entity agrees and understands that the City is not obligated to respond to the proposal, nor is it legally bound in any manner whatsoever by submission of same;

d. That any and all counter-proposals, negotiations or any communications received by a proposing entity, its officers, employees or agents from the City, its elected officials, officers, employees or agents, shall not be binding against the City, its elected officials, officers, employees or agents unless and until a formal written agreement for the services sought by this RFP, subject to all oversight approvals, is duly executed by both parties.

4. The City reserves the right, and may at its sole discretion exercise, the following rights and options with respect to this RFP, except to the extent restricted by applicable law:

a. To reject proposals that do not conform in all material respects to the RFP or meet the minimum evaluation criteria;

b. To reject all proposals;

c. To issue additional solicitations for proposals and/or amendments to this RFP;

d. To waive any irregularities in proposals received after notification to all proposers;

e. To negotiate for amendments or other modifications to proposals;

f. To conduct investigations with respect to the qualifications of each proposer;

g. To exercise its discretion and apply its judgment with respect to any aspect of this RFP, the evaluation of proposals, and the negotiations and award of any contract;

h. To enter into an agreement for only portions (or not to enter into an agreement for any) of the services contemplated by the proposals with one or more of the proposers;

i. To select the proposal that best satisfies the interests of the City and not necessarily on the basis of price or any other single factor in the evaluation criteria.

5. While this is an RFP and not a bid, the City reserves the right to apply the case law under General Municipal Law § 103 regarding bidder responsibility in determining whether a proposer is a responsible vendor for the purpose of this RFP process;

6. The City assumes no responsibility or liability of any kind for costs incurred in the preparation or submission of any proposal;

7. The City is not responsible for any internal or external delivery delays, which may cause any proposal to arrive beyond the stated deadline.

8. Delinquent proposer(s)/contractor(s) shall not be deemed responsible for purposes of awarding a contract. It is the policy of the City of Yonkers to disqualify persons or business entities that are delinquent in financial obligations to the City of its affiliated agencies, boards, or commissions from participating in City contracts and business opportunities.

C. PROPOSALS SUBJECT TO FREEDOM OF INFORMATION LAW

The New York State Freedom of Information Law as set forth in Public Officers Law, Article 6, Sections 84-90, mandates public access to government records. However, proposals submitted in response to this RFP may contain technical, financial background or other data, public disclosure of which could cause substantial injury to the proposer's competitive position or constitute a trade secret. Proposers who have a good faith belief that information submitted in their proposals is protected from disclosure under the New York Freedom of Information Law shall and provide justification why such material, upon request, should not be disclosed by the City, and insert the following notice in the front of its proposal:

1. “NOTICE

The data on pages ___ of this proposal identified by an asterisk (*) contains technical or financial information constituting trade secrets or information the disclosure of which would result in substantial injury to the proposer’s competitive position.

The proposer requests that such information be used only for the evaluation of the proposal, but understands that any disclosure will be limited to the extent that the City considers proper under the law. If the City enters into an agreement with this proposer, the City shall have the right to use or disclose such information as provided in the agreement, unless otherwise obligated by law.”

and;

2. clearly identify the pages of the proposals containing such information by typing in bold face on the top of each page "THE PROPOSER BELIEVES THAT THIS INFORMATION IS PROTECTED FROM

DISCLOSURE UNDER THE STATE FREEDOM OF INFORMATION LAW."

The City assumes no liability for disclosure of information so identified, provided that the City has made a good faith legal determination that the information is not protected from disclosure under applicable law or where disclosure is required to comply with an order or judgment of a court of competent jurisdiction. The contents of the proposal that is accepted by the City, except portions "Protected from Disclosure", may become part of any agreement resulting from this RFP.

D. INDEMNIFICATION AND INSURANCE

The proposer, by signing the proposal, does hereby agree to indemnify and hold free and harmless the City of Yonkers, its officials, employees, and agents from or on account of any and all suits, actions, or claims for injuries, losses, damages, liabilities, costs, or expenses, of any kind whatsoever, arising from this RFP. The successful proposer will likewise be required to execute a contract containing similar requirements.

The indemnification provided herein shall obligate the proposer to defend at the proposer’s own expense or to provide for any defense (as determined by the City of Yonkers), for any and all claims of liability and all suits, actions, or claims that may be incurred by the City of Yonkers and/or the School District, in consequence of actions or inaction’s relating to its proposal or any ensuing contract. By submitting a proposal, the proposer agrees to comply with the foregoing provisions of indemnity.

If awarded a contract by the City of Yonkers the proposer acknowledges and agrees that is will need to provide insurance naming the City of Yonkers as additional insured as more fully set forth in Schedule “C” which is annexed hereto.

The insurance requirements set forth in Schedule C are the City's standard requirements. Depending upon the final project configuration and the terms of the agreement with the successful Proposer, the City reserves the right to require additional project-specific insurance coverages and limits, including marine, construction, restaurant, liquor liability, pollution, property, and other coverage applicable to the final agreement.

E. ASSIGNMENT

The successful proposer shall not assign or subcontract any portion of the operation without prior written approval from the City. If the proposer intends as part of its proposal to form a team or subcontract any part of the work described in its proposal, that fact must be explicitly stated in the proposal and the proposer shall include the qualifications and credit references of any proposed subcontractors. If the City awards the contract to the proposer and approves any subcontract, this approval shall not create any relationship between the subcontractor and the City, such that the successful proposer shall be responsible for the entire contract.

F. INDEPENDENT CONTRACTOR

The successful proposer and its employees will operate as an independent contractor and are not considered to be City employees.

G. ANTIDISCRIMINATION/COMPLIANCE WITH LAW

Neither the successful proposer, nor any person acting on behalf of the successful proposer, shall discriminate against any individual on the basis of race, color, creed, gender, marital status, country of origin, physical disability, genetic predisposition or carrier status in connection with the operation of the agreement or the use of any City facilities. The successful proposer shall, at its sole cost and expense, procure and maintain in full force and effect for the term of the resulting contract, all permits, licenses and approvals from all applicable governmental authorities.

The successful proposer shall comply, at its sole cost, with all applicable federal, state and local laws, rules, regulations and orders including, but not limited to the NYS ED, Labor Law, Workers' Compensation Law, State Unemployment Insurance Law, State and Municipal health and sanitation regulations, Federal Social Security Law and all rules and regulations promulgated by the United States Department of Labor and/or the Industrial Commissioner of the State of New York, the Occupational Safety and Health Administration (OSHA), the Public Health Law, the Westchester County Sanitary Code, and all amendments and additions thereto.

H. NON-COLLUSION

The proposer, by signing the proposal, does hereby warrant and represent that any ensuing agreement has not been solicited, secured or prepared directly or indirectly, in a manner contrary to the laws of the State of New York and the City of Yonkers, and that said laws have not been violated and shall not be violated as they relate to the procurement or the performance of the agreement by any conduct, including the paying or the giving of any fee, commission, compensation, gift, gratuity or consideration of any kind, directly or indirectly, to any City employee, officer or official.

I. CONFLICT OF INTERET

All firms must disclose with their proposals the name of any officer, director or agent who is also an employee of the City of Yonkers. Further, all firms must disclose the name of any City employee who owns, directly or indirectly, an interest of ten percent or more in the firm or any of its subsidiaries or affiliates.

J. MBE/WBE

Pursuant to Article VIII of Chapter 13 of the Yonkers City Code, it is the goal of the City of Yonkers to use its best efforts to encourage and promote an increased participation of business enterprises owned and controlled by persons of color or women in contracts and projects funded by all departments of the City. Therefore, the City asks Proposers to complete the questionnaire attached to the Form of Contract for Professional Services as Schedule “D” on page 21

K. MACBRIDE PRINCIPLES

Pursuant to Article VI of Chapter 13 of the Yonkers City Code, no procuring officer may award or recommend for award any contract not subject to competitive bidding to a proposer that does not execute a certification substantially in the form attached hereto. Therefore, the City asks Proposers to complete the certification attached to the Form of Contract for Professional Services as Schedule “E”, Certification Regarding Business Dealings with Northern Ireland, on page 22.

L. RELATIONSHIPS TO CITY

Proposers are required to complete the questionnaire entitled “Vendor Background Questionnaire” attached to the Form of Contract for Professional Services as Schedule “F” on page 24 In the event that any information provided in the completed questionnaire changes, Proposer agrees to provide a revised “Vendor Background Questionnaire” form to the City within ten (10) business days of such event.

M. IRAN DIVESTMENT

As a result of the Iran Divestment Act of 2012 (the “Act”), Chapter 1 of the 2012 Laws of New York, a new provision has been added to State Finance Law (SFL) § 165-a and New York General Municipal Law § 103-g, both effective April 12, 2012. By submitting a response to this solicitation or by assuming the responsibility of a Contract awarded hereunder, the Consultant shall complete Schedule “G” on page 31, attached to the Form of Contract for Professional Services, an executed certificate of compliance with the Iran Divestment Act signed by the bidder or one of its officers as required by the General Municipal Law Sec. 103g.

SECTION III – SCOPE OF WORK/SERVICES – SCHEDULE “A”

A. General

The concept currently under consideration includes a floating restaurant located on a barge or moored vessel, accessed from shore by a pile-supported landing platform and an aluminum gangway approximately 60 to 80 feet in length. The landing platform will provide the fixed waterfront access point along a steel bulkhead approximately 200 feet long, and the gangway will accommodate changes in water level between the fixed platform and the floating barge or vessel.

B. Facility Requirements

The Proposer is asked to provide a Statement of Work explaining their methodology and approach for executing the described project. At a minimum, the Statement of Work should address the following topics:

Except for improvements and services expressly identified in this RFP as City responsibilities, the successful Proposer shall, at its sole cost and expense, provide all labor, professional services, surveys, designs, equipment, materials, permits, licenses, approvals, supplies, utilities, maintenance, security, waste removal, staffing, testing, inspections, and other resources necessary to provide, install, open, operate, maintain, winterize, repair, and protect the floating restaurant and related operator-controlled improvements.

Barge/Vessel:

• Proposed barge/vessel dimensions and characteristics; hull inspection and due diligence; naval architecture and stability analysis; inspection access; and the required gangway landing footprint, landing configuration, clearances, elevations, loads, and interface requirements. Proposers shall not assume that previously referenced landing dimensions are final.

• Vessel mooring, anchoring, pile, and gangway-interface requirements, including anticipated loads and operating tolerances. The City will be responsible for the final design and construction of the fixed platform, gangway, anchoring or piling system, and related City-controlled marine infrastructure, in collaboration with the successful Proposer. Proposers shall clearly identify all vessel-specific requirements and assumptions necessary for the City's design.

• Available bathymetric, tidal, flood-elevation, bulkhead, and related site-study information will be issued with or incorporated into the RFP package. Proposers remain responsible for reviewing the available information, identifying additional information or investigation they require, and clearly stating any assumptions used in preparing their proposals.

• Utility service extensions

• Permitting and approvals. Each Proposer shall identify the federal, state, and local permits and approvals it anticipates will be required for its proposed vessel, mooring, fit-out, utility connections, restaurant operation, and related activities; identify its proposed allocation of responsibility between the City and operator; and state all related assumptions. Final responsibility for each permit and approval will be established during negotiations and set forth in the resulting agreement.

• It is anticipated that the operator would be responsible for waste pumpout costs.

• Wastewater, blackwater, grease, and pump-out requirements. Each Proposer shall specify the tank capacity, connection type, projected volumes, proposed pump-out frequency, monitoring, maintenance, spill-response measures, recordkeeping, and other facilities or services necessary for its proposed occupancy, menu, and operating schedule. The Proposer shall identify all equipment and services it will provide and all City facilities or accommodations it requests.

• Electrical service requirements. Each Proposer shall identify its required voltage, phase, connected load, peak demand, service capacity, metering, disconnect, transformer or service-upgrade needs, connection standard, emergency-power strategy, and point-of-connection requirements. The City will use the successful Proposer's requirements to develop the final City-side utility design.

Proposers shall not assume that a particular service capacity is guaranteed unless expressly confirmed by addendum.

• Water-service requirements. Each Proposer shall identify its required connection size, potable-water demand, pressure, flow, metering, backflow prevention, isolation, freeze protection, maintenance access, and point-of-connection requirements. The City will use the successful Proposer's requirements to develop the final City-side water connection design.

Restaurant Fit-out

• Final design of restaurant interior fit-out.

• Commercial kitchen design.

• Food service equipment design.

• Architectural design of the restaurant building/enclosure.

• Final MEP design within the restaurant.

o Electrical service.

o Potable water.

o Sanitary sewer or holding tank/pump-out strategy.

o Grease waste management.

o Fire protection water supply.

o Natural gas, propane, or all-electric kitchen strategy.

o HVAC equipment location and loads.

o Communications and security.

o Lighting.

o Emergency power.

o Utility flexibility to accommodate barge movement.

o Freeze protection and winterization.

o Backflow prevention, isolation valves, metering, and maintenance access.

Operations

• Operator business plan or market analysis.

• Restaurant operation licenses and permits (local, state)

• Sample menu with prices

• Staffing

• Insurance

• Maintenance planning

• Proposed hours of operation, including any variation by season. See also Parking section, below.

• The Proposer shall identify any requested deviation from normal park operating hours and any additional access, seasonal-operation, emergency-closure, storm-preparation, vessel-relocation, dry-docking, delivery, staffing, security, or other operational accommodation required by its concept.

• Emergency procedures

• Winterization and storm preparation

• Long-term hull inspection and drydock planning

• Security, access control, and public safety

Parking Plan: JFK Marina is generally operated as a daylight-hours park serving the public with open space and launches for canoes, kayaks, jet skis, and motorized boats. The site is active, has limited parking, and includes a gatehouse that typically closes at dusk. Proposers shall develop a complete parking and access plan appropriate to these conditions, which may include valet operations, shuttles to nearby lawful parking locations, and/or a proposed approach to operations outside normal park hours. Each Proposer shall identify all parking, gatehouse, delivery, refuse-pickup, emergency-access, traffic-control, staffing, and after-hours assumptions or accommodations upon which its proposal depends. The City makes no representation that any requested after-hours access, parking area, or operational accommodation will be approved; final arrangements will be subject to negotiation and all required City approvals.

C. Concession Fees

Each Proposer shall propose a complete economic structure appropriate to its concept and selected term. The proposal shall state whether payments will consist of a base license or concession fee plus a percentage of gross receipts, the greater of a guaranteed minimum fee or percentage rent, or another clearly described structure. The Proposer shall specify the fee and revenue share for each year; any pre-opening or improvement-period payment;

payment commencement date and frequency; annual escalation; revenue-share percentage and threshold; proposed definition of gross receipts and exclusions; reporting, audit, reconciliation, and record-retention procedures; late-payment treatment; and every condition or assumption affecting payments to the City. The City reserves the right to negotiate the final economic structure with the selected Proposer.

D. Proposed Location

Information on the City of Yonkers may be obtained from the City’s website at: www.yonkersny.gov.

Technical and Cost Proposals shall be based on the Scope-of-Services described herein.

The City of Yonkers is not responsible for any internal or external delivery delays, which may cause the RFP to arrive beyond the deadline. No materials will be accepted after the deadline.

http://www.yonkersny.gov/

A City evaluation committee will review the proposals and may conduct interviews with one or more of the qualified proposers as part of the final selection process. Proposers may be asked to make a presentation to the evaluation committee.

The City of Yonkers reserves the right to accept, reject or negotiate modifications to any proposal, as it shall, in its sole discretion, deem to be in its best interest. While the City of Yonkers reserves the right to negotiate with any and all proposers regarding the information, which is requested in this RFP, each proposer must provide all information as requested to be considered and may be disqualified for failure to submit any required attachment/ exhibit, or for submitting incomplete or non-responsive information, exhibits or attachments. Any such negotiations will occur subsequent to review and certification of proposals as fully complete and responsive.

NO RIGHTS SHALL ACCRUE TO ANY PROPOSER BY THE FACT THAT A PROPOSAL HAS BEEN

SELECTED BY THE CITY FOR SUBMISSION TO THE BOARD OF CONTRACT & SUPPLY FOR

CONTRACT APPROVAL. SAID BOARD HAS THE RIGHT TO REJECT ANY RECOMMENDATION AND

THE APPROVAL OF SAID BOARD IS NECESSARY BEFORE A VALID AND BINDING CONTRACT MAY

BE EXECUTED BY THE CITY.

Proposers are advised that the contents of this RFP and the successful Proposer’s Technical and Cost Proposal, as submitted or negotiated, will be incorporated into the resultant agreement.

NO COMMUNICATIONS OF ANY KIND WILL BE BINDING AGAINST THE CITY, EXCEPT FOR THE

FORMAL WRITTEN RESPONSES TO ANY WRITTEN REQUEST FOR CLARIFICATION.

Answers to all inquiries will be in writing and made available to all prospective vendors in the form of a formal addendum to the RFP. Said addendum shall be annexed to and become part of the ensuing contract. Formal addenda will be published on the Empire State Purchasing Group website at www.empirestatebidsystem.com.

Only written addenda issued by the Bureau of Purchasing shall be binding. No officer, employee, or agent of the City is authorized to clarify or amend these Solicitation Documents by any other method, and any such clarification or amendment, if given, is not binding on the City. Prospective proposers are reminded that it is their responsibility to ensure that they receive all addenda.

http://www.empirestatebidsystem.com/

SECTION IV - SUBMISSION PACKAGE REQUIREMENTS

All proposals must include the following, which must be completed and signed, as applicable: Submitted as a single PDF file for each: (1) Technical Proposal, (2) Cost Proposal, (3) Schedules and Disclosures and (4) Schedule F – Vendor Background Questionnaire, as described more fully herein.

A. Technical Proposal

Inclusive but not limited to what was requested in Section III – Scope of Work, the Technical Proposal shall also consist of and include the following:

1. Cover Letter. The cover letter must, at a minimum:

a) include the following statement: this proposal constitutes a valid, binding and continuing offer at the prices set forth in the proposal for a period of one hundred twenty (120) calendar days from the deadline for acceptance of proposals as set forth herein; and

b) be signed by a representative of the firm submitting the proposal that is duly authorized to contractually bind the Proposer. The signatory’s name and title must be printed below the signature.

2. Entity Profile

a) A brief description of the entity or team submitting the proposal, including respondent’s current ownership and management structure, number of years in business, number of employees, office location(s), etc.; and

b) identify the individual that will serve as direct contact for this RFP and identify key personnel that will be assigned to this project, including their role and experience.

c) Identify all current active projects in Yonkers and the surrounding area that may affect the Proposer's capacity to perform this project. Identify whether any proposed team member, operating partner, consultant, or subcontractor is assigned to those projects and describe that person's role.

d) Identify the type and location of all restaurant, waterfront, marina, floating, vessel-based, or other marine facilities currently or formerly owned, developed, managed, or operated by the Proposer or its proposed operating partners.

3. Qualifications, Relevant Experience, Capacity to Perform the Work, and References

a) Describe respondents’ qualifications, experience, proficiency, and knowledge related to the performance of the Work.

b) Describe respondent’s relevant experience performing projects similar in nature, including respondent’s history adhering to commitments, budgets and timetables. Prior work with the City as well as other entities may be considered. The Proposal should identify at least 3 projects similar to the Work undertaken by proposer and describe the similarities between those projects and the Work.

c) Explain proposer’s capacity to perform the Work, which may include a description or explanation of respondent’s financial, technological, and organizational resources and current workload

d) Respondent must provide at least three (3) references from entities for which work similar to the Work was performed. References must include the entity’s name, address, contact person, telephone number, email, a description of the services provided, contract start and end dates, original contract award amount, and final contract amount

e) For each comparable project, identify the facility and use; any unusual or complex conditions encountered; the original and final contract or license terms; the original and final capital investment;

the scheduled and actual opening dates; and the reason for any suspension, material change in operations, default, early termination, or closure.

4. Financial Capacity and Funding Plan

a) Each Proposer shall describe its anticipated sources of funding and demonstrate, at a summary level, that its proposed concept and capital investment are financially feasible. Proposers are not required to submit financial statements, bank letters, proof of funds, or final financing commitments with their initial proposals.

b) Following evaluation of the proposals, the City may require one or more Proposers under consideration for award to provide reasonable evidence of financial capacity. Such evidence may include financial statements, bank verification letters, proof-of-funds statements, existing credit facilities, lender financing commitments, investor commitment letters, a project-specific sources-and-uses statement, or other supporting documentation. Account numbers and unrelated confidential information may be redacted.

c) If a Proposer under consideration is a newly formed or special-purpose entity, the City may require supporting financial information from the parent company, principal investor, or proposed guarantor upon whose resources the Proposer relies. The City may require final financing commitments and an appropriate completion or performance guaranty from the selected Proposer before executing an agreement.

5. Proposed Methodology and Approach

a) Proposals must include a brief explanation of respondents’ proposed methodology and approach for performing the various phases of the Work.

b) Proposals must explain how respondent’s methodology and approach to performing the Work will align with and accomplish the City’s objectives set forth in this RFP.

c) Provide a detailed implementation plan identifying all anticipated phases, including vessel acquisition or preparation, surveys, engineering, design, regulatory approvals, permitting, restaurant fit-out, utility connections, installation, inspections, licensing, staffing, testing, commissioning, and opening.

d) Identify the party responsible for each activity, all information and resources required from the City, anticipated durations, dependencies, critical-path activities, City review or approval milestones, and proposed completion dates.

e) Identify pertinent issues, constraints, potential problems, and risks associated with the project and describe the proposed mitigation strategy for each.

f) Describe the Proposer's familiarity with the Hudson River, waterfront operations, New York marine permitting, local site conditions, JFK Marina Park operations, parking constraints, public access requirements, and other local factors that may affect performance.

g) Proposed Improvements and Capital Investment. Provide a detailed, itemized description of all proposed improvements and capital investments, including vessel acquisition or lease, marine work, restaurant fit-out, furniture, fixtures and equipment, utility work, design, engineering, permitting, pre-opening costs, contingency, proposed funding sources, and the estimated value and schedule for each investment.

h) Restaurant Concept, Attraction, and Marketing. Describe the proposed restaurant or food-service concept, target market, menu and price positioning, branding, marketing strategy, seasonal operations, special events, anticipated customer draw, and the manner in which the concept will activate JFK Marina Park as a waterfront destination.

B. Cost Proposal.

1. Each Proposer must complete and submit as part of their proposal the cost proposal form attached hereto as SECTION V - COST PROPOSAL – SCHEDULE “B”.

2. The Cost Proposal shall identify the Proposer's selected term structure and provide a complete year-by-year schedule of guaranteed fees and revenue-share terms for the entire proposed initial term and any proposed renewal term. It shall also include all economic definitions, thresholds, exclusions, commencement conditions, escalation provisions, and assumptions necessary to evaluate and compare the proposal.

C. Disclosures and Schedules

Each Proposer must submit as part of its proposal: (1) a Conflict of Interest Statement; (2) a Vendor Background Questionnaire; and (3) Schedules D through H issued with the City's form of license agreement by addendum.

1. Conflict of Interest Statement.

Proposals must:

a. contain an affirmative statement that the Proposer is independent of the City of Yonkers/Yonkers

Public Schools; and

b. disclose all direct and indirect, actual or potential conflicts of interest that Proposer, Proposer’s personnel and/or Proposer’s sub-consultants may have with the City of Yonkers/Yonkers Public Schools.

If applicable, the Conflict-of-Interest statement and disclosure must be made for each (1) firm composing the Proposer if Respondent is a joint venture or consortium; (2)…