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REQUEST FOR PROPOSALS

EXCURSION VESSEL OPERATORS

At

PIER 40 HUDSON RIVER PARK

NEW YORK, NY

Issued By: Hudson River Park Trust April 30, 2012 Contact Person: Nicole Dooskin RFP# L4508

Excursion Vessel Operators on the Hudson Hudson River Park’s Pier 40—North Side

Btw. Clarkson Street and Leroy Street in the West Village

Offered By: Hudson River Park Trust, by Request for Proposals (RFP)

Term: Nine years

Rent: Fixed monthly against percentage of gross

Premises: Eastern Berth: Two fendered berths totaling 290 feet Western Berth: Three fendered berths totaling 500 feet Interior space for office, storage, parking, restrooms Utilities: 200 Amp shorepower Arrange for water at operators cost Electric and gas in interior space

More Information: http://www.hudsonriverpark.org/organization/bids.asp

 

 

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Description of Opportunity Hudson River Park Trust (the “Trust”), a New York State Public Benefit Corporation responsible for developing, operating and maintaining Hudson River Park on the west side of Manhattan between 59th Street and the Battery, is seeking proposals from experienced operators of Excursion Vessels for docking and ancillary uses along all or a portion of the north side of Pier 40. Pier 40 is located at 353 West Street at the foot of Houston Street in Greenwich Village. For the purpose of this Request for Proposals (“RFP”) the term “Excursion Vessels” shall mean commercial vessels that offer paid trips to the public and/or for charter for one or more of the following purposes: sightseeing excursions, dinner and other meal service, entertainment, special events, corporate or other group uses, fishing, and other non-transportation waterborne commercial uses which include the provision of services to the public. Respondents may submit a proposal for one of the following: (1) the eastern berth extending approximately 290 feet from the bulkhead which currently has 2 docking positions and is best suited for shallow draft vessels (the “Eastern Berth”), (2) the western berth of approximately 500 feet in length which has a deeper draft and 3 docking positions (the “Western Berth”), or (3) both the Eastern Berth and the Western Berth. Note that the Trust will consider proposals from operating entities that wish to use both berths with the ability to subpermit a portion to a different operator. Included in the area offered under this RFP are two separate interior spaces which may be used for passenger processing, vessel provisioning and operations, storage, and ancillary administrative and service functions such as sales and marketing (the berths and interior spaces together, the “Premises”). In addition, a common area along the north side of Pier 40 will be made available for passenger queuing, loading and debarkation. The Premises are adjacent to a large public garage owned by the Trust that is available for customer parking. The selected respondent(s) will market, manage, operate and maintain the Premises. The boats that dock at the Premises can be under the ownership/control of either the permittee, a subpermittee, or be vessels owned and operated by third parties that dock for “touch and go” operations. Such third party usage must be limited to no more than 25% of the selected operator’s overall use on an annual basis. Vessels may be homeported at Pier 40 when not in use, including during the off-season period (typically between November and March). The Trust is seeking one or two entities (each the “Permittee”) to enter into a permit (the “Permit’) for up to a 9 year term commencing on or about January 6, 2013 and expiring on or about December 31, 2022. A longer term for the Permit will not be considered, but respondents may propose a shorter period. The Permit shall be generally consistent with the terms and conditions set forth in this RFP. The Permit is for use and occupancy; no leasehold or other property right is offered pursuant to this RFP. The Permit offered under this RFP is “net” to the Trust. The Trust shall provide reasonable cooperation, but the selected respondent will be fully responsible for all aspects of performance and cost associated with its proposed use and occupancy, and must secure all governmental approvals. The Premises are offered in “as-is” condition. Responses to this RFP are due not later than 5:00 p.m., June 25, 2012.

 

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travel along the West Side Highway (adjacent to the park and Pier 40) every day. The Hudson River bikeway is said to be the busiest in the nation. The Trust-operated sections of the park are open to the public daily from 6:00 a.m. until 1:00 a.m., 365 days/year.

About Pier 40 Pier 40, with roughly 1.2 million square feet of usable space, is located at the end of West Houston Street along the Hudson River waterfront in the Greenwich Village section of Manhattan. At approximately 810 feet square, it is the largest pier structure in Hudson River Park with a footprint of approximately 14.5 acres. It is supported by 3,328 steel H-piles. Historically, Pier 40 served initially as a major ocean liner passenger terminal for the Holland America Line. Opened to the public in 1962, the pier building included passenger and baggage handling facilities, company offices, parking, and warehouse space for supplies to stock the ocean vessels. Transatlantic passenger service at Pier 40 ended in the late 1960s. Today, the pier features a public esplanade around its perimeter with outstanding waterfront views, and a public parking facility with approximately 2,000 spaces which is currently managed by

Central Parking. In the structure’s central courtyard, the Trust has constructed a popular 3.5-acre outdoor athletic field facility used by organized youth and adult sports leagues and residents. The southern walkway houses various community oriented users such as Village Community Boathouse and Manhattan Kayak. The administrative offices, maintenance facilities and garage of the Trust are also located at Pier 40. The Trust is currently repairing a section of the roof parking deck at Pier 40. As is discussed further below, it is possible that Pier 40 may undergo a substantial rehabilitation or redevelopment during the contemplated term of the Permit. A comprehensive inspection of the piles supporting Pier 40 was last completed in June 2009 and is available for inspection.

 

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Pier 40 at West Houston Street, Hudson River Park, Manhattan Available berths are located on the north side

Occupancies The Eastern Berth has been occupied by Affairs Afloat / Queen of Hearts, an entity which operated a waterborne entertainment and excursion business. The Western Berth has been occupied by Hornblower New York which operates excursion and dinner cruises. Both Affairs Afloat and Hornblower have operated pursuant to permits with the Trust. The Trust anticipates that no use and occupancy permits will be in effect after January 5, 2013. The Premises The Premises consist of both docking berths (which include lands under water) and interior spaces. Water depths vary throughout the Premises with shallower depths landward and deeper depths outboard. The docking positions located along the north side of Pier 40 include five fendered docks and a floating dock. Four of the docking berths are fendered with pressure-treated

 

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timber and one berth has steel piles faced with rubber fender blocks. Docking positions may be combined or modified to suit the operational needs of the Permittee.

The Permittee may, at its option, install an alternative or additional fendering system subject to the review and prior approval of the Trust and all relevant governmental regulators. Note that environmental regulations restrict pile driving activity to May through October. The floating dock currently within the Premises is in generally poor condition. It is temporary and not permitted by New York State Department of Environmental Conservation (“DEC”) and the Army Corps of Engineers (“ACOE”) for permanent use. The Permittee may seek authorization for continued use of the floating dock from DEC and ACOE at its discretion. The two interior spaces offered under this RFP are accessible to the docking positions. One, which includes improved office space, has entrances facing both the Pier 40 walkway and the parking garage. The other space can be reached only through the parking garage. Note that the Pier 40 walkway, which is not included in the Premises but is available as common area, is a public space that needs to be kept sufficiently free for public circulation at all times. More specific information on the exterior and interior spaces is provided below and on the attached exhibits. A general site plan of the Premises is shown in Exhibit A. The Eastern and Western Berths’ positions as well as dimensions are illustrated in Exhibit B. Exhibit C contains photographs of the floating dock, the berths, moorings, fenderings, and interior spaces. Exhibit D provides information on water depths. A. Exterior Space

Eastern Berth The Eastern Berth measures approximately 290 feet in length and extends eastward

from the floating dock (see Exhibit B) toward the bulkhead. The Eastern Berth has two timber (pressure-treated pine) fendered docking positions. Dock #1 measures approximately 159 feet, and Dock #2 measures approximately 132 feet. Top of the pier is at elevation +6.59, Manhattan Borough Datum (“MBD”), and is a reinforced concrete deck supported by steel piles. The fenders exhibit some deterioration and abrasion. The Permittee may, at its option and expense, install an alternative or additional fender system subject to the review and prior approval of the Trust and satisfaction of all relevant governmental requirements. Western Berth

The 500 feet long Western Berth has three fendered docks (see Exhibit B), though the positioning of the docks and vessels can be modified depending on the operating needs of the Permittee. Dock #3 has a pressure-treated timber (greenheart piles) fendered dock, and measures approximately 110 feet. Dock #4 measures approximately 190 feet, and includes 4 steel pipe piles with rubber fender blocks attached to the concrete edge beam. Dock #5 has pressure-treated timber fendering, with UHMW (Ultra-high-molecular-weight

 

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polyethylene) blocks attached to the face of the piles and to the low-water wale. It measures approximately 130 feet. Although there is currently a 50 foot floating dock/platform at the east end of the Western Berth, this dock is not currently permitted. The selected respondent, at its option and expense, may apply to DEC and ACOE for a permit for the dock or elect to remove the floating dock to allow for additional vessel docking space. Top of the pier is at elevation +6.59, Manhattan Borough Datum (“MBD”), and is a reinforced concrete deck supported by steel piles. General Mooring Load Operating wind speed limited to 110 mph with boats at facility Pier substructure design 180 KIPS lateral load Bollard detail design 75 tons line pull in steel pile area; 15 ton cleats in area to the east

General Berthing Load Ship displacement at pier 1,000 short tons Approach speed 2 knots at 10 degrees off pier face.

Average Water Levels

MBD vertical datum references (feet) Highest observed water level: +5.6 Mean higher high water +0.62 Mean high water +0.15 Manhattan borough datum +0.00 NGVD-29 -2.75 Mean Low Water -4.41 Mean Lower Low Water -4.44 Lowest Observed Water Level -8.7

Water depth is also shown on the attached sounding survey done by the National Oceanic and Atmospheric Administration (see Exhibit D). The Trust makes no representation as to the accuracy of these soundings and these measurements should be confirmed by the Respondent as part of its due diligence. The Trust can facilitate the launching of a row boat from the dock on the north site of Pier 40 for Respondent’s bathometric investigation. The foregoing specifications are provided solely for informational purposes. The Trust and its officers, directors, agents, members and employees make no representation or warranty and assume no responsibility for the accuracy of the information set forth in these specifications, and hereby disclaim any liability for the accuracy or content of the same. It is the respondent’s sole responsibility to conduct its own due diligence at the berth.

B. Interior Space

Office The Office space is 5,734 interior square feet located adjacent to the Western Berth. It was constructed recently by the New York City Fire Department for its fireboat operation, and was renovated by Hornblower in 2011-2012 for business purposes. It can be used in

 

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connection with passenger processing, ancillary administrative activities and storage of supplies necessary for the provisioning of the vessels. It will be available for the exclusive use of the Permittee if one respondent is selected. A portion of the Office Space may be subdivided and made available to the second operator of the Eastern Berth if two respondents are selected. The Office Space has restrooms and a kitchen facility. The Office layout is shown in Exhibit A.

Parking Area The Parking area is 1,535 square feet of garage space which may be used for temporary parking of delivery and service vehicles and for parking of vehicles owned by the Permittee or the Permittee’s employees. It is located adjacent to the Office space.

Storage The Storage space comprises 4,000 interior square feet that can be used for storage of supplies necessary for provisioning the vessels. It will be available for the exclusive use of the Permittee if one respondent is selected. The Storage Space may be allocated to the operator of the Eastern Berth if two respondents are selected.

The Premises are available “as is” and “where is”. All additional physical infrastructure required for operations, including floating docks, gangways, gate locks, bollards and cleats not presently existing at the Premises, shall be acquired and installed by the Permittee, subject to the prior written approval of the Trust. Infrastructure that currently exists at Pier 40 and any capital improvement installed on any portion of Pier 40 by the Permittee must be maintained, repaired, or replaced at the Permittee’s sole cost and expense, subject to the prior written approval by the Trust. Any proposed capital improvements should be detailed clearly in the respondent’s Project Description and reflected in the Pro Forma cash flow statement. The Permittee shall not be responsible for repairs to the pier deck and pilings (other than fender piles) unless the Permittee causes damage. Utilities Existing utility service at the berth includes five submetered 200 amp electrical shore power stations with dockside receptacles. Water is currently available on a limited basis to the berths. For potable water, the successful respondent may elect to install a submetered new 1 ½ inch water line from the Pier 40 fresh water supply located at the eastern portion of the building. Such installation shall be at Permittee’s own expense, subject to the Trust’s approval of plans. The Office space area is heated by natural gas. Electric use within the interior portions of the Premises is submetered, and may require additional distribution.

 

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Term The term under the Permit may be up to 9 years. Respondents may request a shorter term. Under the provisions of the Permit, Permittee may remain in occupancy for the full term provided that it complies with all conditions set forth therein and/or cures any default within a prescribed period and the Permit is not otherwise cancelled as set forth below. It is possible that the Trust may cancel the Permit prior to the end of the term should it elect to proceed with a redevelopment of Pier 40 and such redevelopment makes the continued use and occupancy of the Premises for its intended purpose impractical. In addition, the Trust may elect to assign the Permit to a redeveloper should one be designated pursuant to a request for proposals or otherwise. The Trust does not have current plans to issue a request for proposals to pursue a redevelopment of Pier 40. Should it decide to do so, it is possible that the redevelopment would proceed in phases. The effect of a phased redevelopment on Permittee’s use and occupancy of the Premises cannot be determined at this time. The Permit shall provide that, should the Trust elect to cancel the Permit by reason of a redevelopment which makes continued use and occupancy of the Premises for the purpose of operating Excursion Vessels impractical, it shall do so with not less than 18 month’s notice prior to the beginning of a cruise season. The beginning of a cruise season shall be defined as May 1 of each year during the term, though the termination may be effective as of January 5th of such year. By way of example, if a redevelopment occurred and the Trust wished to cancel the Permit as of May 1, 2020, it would have to provide notice not later than December 1, 2018, though the termination could be effective as of January 5, 2020. If the Trust provided notice on December 15, 2018 then the termination would not be effective until January 5, 2021 at the earliest. Dredging Permittee may perform maintenance dredging at the berths subject to receiving all necessary authorizations from DEC and ACOE. Queuing and Access  Customers will not be permitted to queue or congregate within the garage and must instead be directed to queue along the designated areas of the northern walkway or the esplanade running along to river edge. Permittee may create passenger waiting rooms within the Office accessible from the garage and northern walkway but only as permitted under applicable building code. The selected respondent may be required to place directional signage at designated locations and post an employee and/or security personnel to direct customers to the queuing line. Precise queuing plans will reflect whether there are one or two operators and the scheduling of Excursion Vessels. Rules for customer queuing will be established by the Trust based on established sailing schedules so as to minimize potential conflict with other park users and alleviate customer crowding. The

 

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ability to maintain safe and efficient movement of customers, vessel provisions, and service providers is an important evaluative criterion under this RFP. Parking Parking for patrons of Excursion Vessels is available in the adjacent garage currently managed by Central Parking. Rates and other information regarding the garage are available at http://www.pier40parking.com. Parking for Permittee's employees other than at the Parking Area listed above is available in the garage at either monthly or daily rates. Vehicle Movement Service vehicles will use the garage entrance shown on Exhibit A. Service vehicles will not be allowed to park or idle in the garage but must instead be accommodated within the Parking Area for the Western Berth and at an alternative location for the Eastern Berth. Security The Selected Respondent(s) is expected to provide security for the protection of its property and the safety of its patrons. The Trust assumes no responsibility for damages incurred by the Permittee as a result of its operations or occupancy of the Premises. Security personnel of the Permittee will be responsible for maintaining order along the customer queue line, screening passengers for boarding, supervising embarkation and debarkation, and directing passengers to appropriate routes to exit the Park upon return. To the extent that the Permittee conducts late night cruises it will be required to provide additional security at its own cost. All ingress and egress must be maintained in accordance with New York City fire codes. Waste Bathroom facilities are available to the general public within Pier 40 and, to a limited basis, within the Office space. Permittee may access the Excursion Vessels through the Pier 40 garage for the purpose of boat pump out and removal of solid waste if feasible. Note that a single connection to pump-out infrastructure is only available from the Eastern Berth. The Trust will likely require that Permittee place its dumpster in a designated area in front of Pier 40 and that trash be hand carted or hauled by a small motorized vehicle to that location. Alternately, the Trust may, in its sole discretion, allow Permittee to locate a trash dumpster within the interior portion of the Premises provided that it is serviced with frequent pick-ups in a manner and on a schedule that is subject to Trust approval. Note that there is limited truck height clearance for garbage removal from within the garage.

 

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Signage The selected Respondent(s) may display one sign advertising the cruises on the exterior of Pier 40 and visible from the West Side Highway. Text, graphics, and location of the sign must be approved in advance by the Trust. The size and content of the sign shall be consistent with zoning laws (i.e. no greater than 500 square feet and directly related to the selected Respondent’s business at Pier 40). Illumination to enable the viewing of the sign at night may be permitted as approved by the Trust. Proposal Content All proposals must be submitted in a sealed envelope addressed to Nicole Dooskin, Hudson River Park Trust, Pier 40, 353 West Street, NYC, NY 10014 by no later than June 25, 2012 at 5 p.m. Proposals received after that date and time may not be considered. Proposals shall include each of the following. Please make reference to each content requirement number (i.e., 1 through 17) when submitting the RFP response. If the Respondent proposes to enter into a Permit for both the Eastern Berth and Western Berth and enter into a subpermit upon execution of the Permit, then the identity and relevant business information relating to the prospective subpermittee must also be provide for each listed requirement. 1. Identity of the business entity proposed as Permittee. Include information regarding

incorporation, experience as a vessel operator, key management personnel, and contact person. If subpermittee is proposed, the identity of that entity.

2. The Premises for which the respondent proposes being (a) the Eastern Berth; (b) the Western Berth; or (c) both berths.

3. The term for which respondent proposes (not longer than 9 years). Proposed dates upon

which (a) Permittee will require access to the Premises in order to perform work and install improvements, and (b) commence Excursion Vessel operations (in no event shall vessel operations begin after May 1, 2013).

4. A narrative setting forth the operational plan which describes a) the nature of the business; b)

the number and type of vessel(s) (including seating capacity, speeds, passenger amenities, specifications demonstrating the capacity to dock at the berth); c) the services to be provided on the vessel(s); d) the anticipated passenger volumes by month; and e) the anticipated pricing structure for admission to the vessel(s).

5. Permit fee offer comprised of (a) a guaranteed base fee paid monthly during the term, and (b) a

percentage of gross revenue in excess of a stated threshold fee paid annually during the term. If the proposal includes months during which no revenue-generating activity will occur, then the Respondent may propose a different off-season guaranteed monthly base fee for vessel docking and office use, if applicable. The proposal should detail each component of the Permit fee described above for each year of the term including annual escalation of the base fee and any variations on the applicable percentage and threshold for the percentage of gross revenue

 

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fee. The Respondent’s offer must clearly define the revenue sources that will be used to calculate the percentage of gross revenue fee, including anticipated revenues derived from third parties or subpermittees using the Premises.

6. A Pro Forma cash flow for the full term of the proposed Permit. The Pro Forma must

incorporate all operating assumptions into income and expense projections for each year of operation, and include a section outlining all assumptions upon which calculations are based. The Pro Forma cash flow should include all necessary capital improvements as well as reserves and debt service associated with any vessel financing or vessel charter payments. Please provide the financial information in hard copy and electronically in Excel format (soft-coded only).

7. A use plan for the indoor portion of the Premises, i.e. describe the activities proposed to be

undertaken in each of the spaces and the approximate distribution (by square footage) of areas needed as well as any proposed physical improvements to the Premises.

8. Proposed daily hours of operation for both customer access and administrative/vessel

provisioning and servicing. Include estimated frequency of deliveries in season. 9. Anticipated daily schedule for vessel departures and arrivals, and plans for docking non-

operational vessels, if any. Intended landings at other sites, if any. 10. A listing of governmental approvals/permits required in order to be operational. Respondent

should indicate Coast Guard licensing/registration status of for vessel(s) and captains. 11. Staffing commitments for dockside, interior portion of the Premises, pier entrance ways and on

vessel(s). 12. Ticket sales process, passenger boarding and discharge plan. 13. A description of how the proposer plans to meet the requirements of the Transportation

Security Act of 2002 (as amended or restated) for vessels exceeding passenger capacity of one hundred forty-nine (149) people, if applicable to proposer’s fleet.

14. With respect to air quality standards for the proposed vessels, an identification of the type(s) of

engines to be used and an explanation of (1) whether these engines have been certified to meet EPA Tier 1 and/or MARPOL Annex VI standards, (2) whether the marine engines are designed to meet the more stringent EPA Tier 2 standards which effect in 2007 for Category 2 engines, and (3) any additional measures that the proposer has undertaken to reduce emissions, e.g. using cleaner-burning fuels, implementing other types of controls not currently mandated by regulations, etc

15. An audited financial statement, including balance sheet and income statement for the most

recently completed fiscal year, for each corporation, partnership, or joint venture entity which comprises proposer, provided that such corporation or partnership is already established and has completed at least one full year of operation. Individual owners and all other corporations,

 

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partnerships and joint ventures for proposers which are newly formed must provide, as applicable: (1) certified statements of net worth for individual owners, principals, members and contributors, and/or (2) audited financial statements for constituent corporate and partnership owners or control entities with at least one year of operating experience.

Please note that all financial information, other than that submitted by public companies, will be treated as confidential and proprietary by the Trust subject to the standards specified in the Freedom of Information Law, Article 6 of the Public Officers Law of the State of New York. 16. Names and contact information of three references with whom respondent has done business

similar to that proposed under this RFP. 17. Any other information that respondent believes useful to the consideration of its proposal. Please note that after submission and review of respondent’s space plan, the prospective permittee will be asked to submit an emergency/security plan. Approval of the emergency/security plan will be a precondition to entering into the Permit. Evaluation Criteria / Selection RFP responses shall be evaluated in accordance with the following criteria. The relative importance of the criteria is not indicated by the order of listing.

a) Quality of Vessel Excursion operations and offerings; b) Operation schedule; c) Feasibility of the logistical plan given site constraints; d) Compatibility with Hudson River Park and nearby residential areas; e) Experience, reputation, and financial strength of proposing entity; f) Fees payable to the Trust; and g) Minimization of environmental impact for type of use.

The RFP shall remain open until the Permit is executed or the RFP is terminated. Submission Date The following deadline has been established for submission of responses to this RFP: Responses Due: June 25, 2012 Responses should be submitted in triplicate as hard copy and delivered to Hudson River Park Trust Pier 40, 2nd floor 353 West Street New York, NY 10014 Attn: Nicole Dooskin

 

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And provided electronically in PDF form (the Pro forma in Excel format) to Pier40rfp@hrpt.ny.gov All electronic submissions should request confirmation of receipt by the Trust. Respondents may, by prearrangement, submit electronically only prior to the deadline and deliver hard copy within 24 hours thereafter. Contact Pier40rfp@hrpt.ny.gov to request such a submission.

If you have a physical disability and cannot deliver your application to Pier 40, please contact Nicole Steele at 212-627-2020 or at Pier40rfp@hrpt.ny.gov least 48 hours prior to the deadline and special arrangements will be made for you.

Site Inspections The berth area is available for inspection without appointment and is accessible via the exterior public walkway along the north side of Pier 40. The interior portion of Pier 40 is available for inspection by appointment only. Group tours may be conducted on a weekly basis depending upon the number and timing of inquiries. To schedule a site visit please contact Pier40rfp@hrpt.ny.gov. All Respondents MUST schedule a site visit. Interested respondents are advised to request site visits as early in the process as practical via email and they will be contacted via return email with the date and time of the next tour. Selection The Trust intends to select a Permittee within three (3) weeks of the submission date, or by July 16, 2012. Questions / Technical Addenda All questions regarding this solicitation should be directed solely to Nicole Dooskin, the Trust’s designated contact person, at Pier40rfp@hrpt.ny.gov. Do not telephone. Do not contact other Trust staff or Board members. Answers to questions (without identifying the name of the inquiring party), and any technical addenda issued in connection to this RFP, will be posted on the Trust’s web site at http://www.hudsonriverpark.org/organization/bids.asp and available to all. Such postings will be deemed incorporated into this RFP. Respondents are solely responsible for monitoring the RFP website for all such postings. June 18, 2012 is the last date to submit questions. General Terms and Conditions

1. Recipients of this RFP shall make no news/press release pertaining to this RFP or anything contained or referenced herein without the prior written approval of the Trust. Any news release pertaining to this RFP may only be made in coordination with the Trust.

 

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2. The Trust reserves the right to change the submission date, postpone or cancel this RFP or reject all proposals, if in its judgment it deems it to be in the best interest of the Trust to do so.

3. All RFP submission materials become the property of the Trust. The Trust shall not be liable for any costs incurred by respondents in the preparation of proposals or for any work performed in connection therein.

4. The Trust is subject to the New York State Freedom of Information Law (“FOIL”), which governs the process for the public disclosure of certain records maintained by Trust. (See Public Officers Law, Sections 87 and 89.) Proposal submission material will generally be made available for inspection and copying upon written request, except when exempted from disclosure under the FOIL. Respondent may request that the Trust exempt all or part of its proposal from public disclosure in accordance with one or more of the exemptions set forth in Section 87.

5. State Finance Law Sections 139-j and 139-k apply to this solicitation. This law (1) governs permissible communications between potential respondents and the Trust or other involved governmental entities with respect to this solicitation during the procurement process; (2) provides for increased disclosure in the public procurement process through identification of persons or organizations whose function is to influence procurement contracts; and (3) establishes sanctions for knowing and willful violations. Compliance with this law requires that (1) all communications regarding this solicitation, from the issuance of this solicitation through final award and approval of any resulting contract be conducted only with the designated the contact person(s); (2) the completion by respondents of the Disclosure of Prior Non-Responsibility Determinations Form and the Affirmation of Understanding of an Agreement pursuant to State Finance Law Form, copies of which are attached to this solicitation as Exhibit E and are also available on the Trust’s website at www.hudsonriverpark.org; and (3) periodic updating of such forms during the term of any contract resulting from this solicitation. A copy of the Hudson River Park Trust’s Procurement Lobbying Guidelines is available online at the Trust’s website: www.hudsonriverpark.org. All potential respondents are solely responsible for full compliance with this law. Neither this summary nor the referenced Guidelines is a complete presentation of State Finance Law Sections 139-j and 139-k. These provisions can be found at http://www.ogs.state.ny.us/aboutogs/regulations/advisoryCouncil/StatutoryReferences.html

6. Successful respondents will be required to execute and adhere to a use and occupancy

permit in the Trust’s standard form to be more particularly negotiated upon selection.

7. Successful respondent will be required to complete and submit both a VENDEX Questionnaire and a New York State Contracting Questionnaire. For more information on vendor responsibility requirements visit http://www.nyc.gov/vendex (NYC Vendor Responsibility Requirements) and http://www.osc.state.ny.us/vendrep/faqs.htm (NYS Vendor Responsibility Requirements). Only selected respondent will be required to complete these forms. As such, they are not included with this Request for Proposals.

 

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8. Respondents are advised that the Trust has the option of selecting a submission or

submissions without conducting negotiations. Therefore, applicants should submit their best proposal initially, since negotiations may not take place.

9. Respondents should be aware that in the event the contemplated Permit is terminated, the Trust will not consider requests for reimbursement of any capital improvement or other costs or expenses incurred by respondent as of the date of termination.

10. This is a Request for Proposals and not a bid. The Trust shall be the sole judge of each

response’s conformance with the requirements of the RFP and of the merits of the individual proposals. The Trust reserves the right to waive any conditions or modify any provision of the RFP with respect to one or more applicants, to negotiate with one or more of the applicants with respect to all or any portion of the project, to establish additional terms and conditions, to encourage applicants to work together, or to reject any or all responses.

11. Technical addenda issued by the Trust will be the only authorized method for

communicating clarifying information to all potential proposers. Respondents should contact the Trust before submitting a proposal to verify that they have received any addenda issued. Respondents are required to acknowledge the receipt of any addenda in their submissions.

12. The proposed use, including the operation of vessels, must satisfy all governmental

requirements.