Commonwealth of Massachusetts Department of Conservation And

Commonwealth of Massachusetts Department of Conservation and Recreation Request for Proposals for Mobile Food Concession Operation at the Cambridge Esplanade, Charles River Reservation, Cambridge MA For Annual Fourth of July Event RFP # DCR 2015 416 Table of Contents <ul style="display: flex;"><li style="flex:1"><a href="#2_0">I. </a></li><li style="flex:1"><a href="#2_0">Introductio</a><a href="#2_0">n</a><a href="#2_0">.</a><a href="#2_0">........................................................................................................................................2 </a></li></ul><a href="#3_0">Proposal Process .................................................................................................................................3 </a><a href="#5_0">Description of the Premises and Applicable Informatio</a><a href="#5_0">n</a><a href="#5_0">.</a><a href="#5_0">..................................................................5 </a> <a href="#3_0">II. </a><a href="#5_0">III. </a><a href="#7_0">IV. Submission</a><a href="#7_0"> </a><a href="#7_0">Requirements for Proposal ..............................................................................................7 </a><a href="#7_1">A. Mandates............................................................................................................................................................7 </a><a href="#8_0">B. Description</a><a href="#8_0"> </a><a href="#8_0">of Entity and Related Experience...................................................................................................8 </a><a href="#9_0">C. Description</a><a href="#9_0"> </a><a href="#9_0">of Services to be Provided..............................................................................................................9 </a><a href="#10_0">D. Financial</a><a href="#10_0"> </a><a href="#10_0">and Budget Information ...................................................................................................................10 </a><a href="#10_1">E. Compensation</a><a href="#10_1"> </a><a href="#10_1">to the Commonwealth..............................................................................................................10 </a><ul style="display: flex;"><li style="flex:1"><a href="#10_2">V. </a></li><li style="flex:1"><a href="#10_2">Evaluation Criteria and Rule for Award ...........................................................................................10 </a></li></ul>VI. Submission Checklist........................................................................................................................12 <a href="#12_0">VII. Attachments.....................................................................................................................................123 </a><a href="#14_0">A. Premises</a><a href="#14_0"> </a><a href="#14_0">Maps, Photos ....................................................................................................................................14 </a><a href="#16_0">B. Certificate</a><a href="#16_0"> </a><a href="#16_0">of Tax Compliance.........................................................................................................................16 </a><a href="#17_0">C. MASSACHUSETT</a><a href="#17_0"> </a><a href="#17_0">FORM W-9 .....................................................................................................................17 </a><a href="#18_0">D. EFT</a><a href="#18_0"> </a><a href="#18_0">Sign Up Form ..........................................................................................................................................18 </a><a href="#19_0">E. Proposal</a><a href="#19_0"> </a><a href="#19_0">Submission For</a><a href="#19_0">m</a><a href="#19_0">.</a><a href="#19_0">.............................................................................................................................19 </a><a href="#22_0">F. DRAFT</a><a href="#22_0"> </a><a href="#22_0">PERMIT AGREEMEN</a><a href="#22_0">T</a><a href="#22_0">.</a><a href="#22_0">..................................................................................................................22 </a>Page 1 of 35 <ul style="display: flex;"><li style="flex:1">I. </li><li style="flex:1">Introduction </li></ul>The Massachusetts Department of Conservation and Recreation (hereinafter “DCR”), in accordance with Mass. Gen. Laws c. 132A §7 and c. 92 §33 and 37; the rules and regulations promulgated thereunder, including those at Title 302 (302 CMR 12:00) and 350 (350 CMR 2.04) of the Code of Massachusetts Regulations, and all other enabling powers as applicable, is offering the opportunity to qualified individuals, corporations or business entities, whether for-profit or non-profit (hereinafter “Proposer” or “Permittee”) to operate a July 4th related mobile food concession operation within the Cambridge Esplanade and adjacent areas along Memorial Drive and Land Boulevard, in Cambridge MA, (the “Premises”) for up to five (5) consecutive years, providing food concessions to spectators at July 4th concert and fireworks celebrations (the “Event”) which is held at the Hatch Memorial Shell and the Esplanade on the Charles River Reservation in Boston, as set forth in this Request For Proposals (“RFP”). The term for the use authorized herein shall be for a period of one (1) up to five (5) consecutive seasons commencing in January 2016 and expiring in July 2020 unless earlier terminated under the terms and conditions herein. Minimum annual compensation to DCR (excluding all proposer’s costs and expenses) for the Permit will be Ten Thousand Dollars ($10,000.00). The successful Permittee shall, at a minimum, provide an organized, accountable, efficient, safe, clean and professionally-staffed and maintained mobile concession operation, consisting of mobile carts, temporary tents or kiosks, or the like and offering food and drink including healthy food and drink options to the general public, during the Event during each year of permitted operation, commencing upon receipt of an Award Notice, and submission of all required items to DCR (proof of insurance, first year permit fee, etc.). The number and placement of concession operations, menus and price lists, and operating hours shall be pre-approved by DCR staff in writing in advance of each season, and are at all times subject to change at the direction of DCR staff. Operating hours for the Premises during the Event should have a minimum schedule of 12:00 p.m. to 11:00 p.m. plus additional time for setup and breakdown as needed, as approved by DCR staff. DCR is committed to ensuring that healthy food and drink options are offered through its permitted concessions, to enhance the experience of park visitors and to promote healthy lifestyles. Responses to this aspect of this RFP should also reflect consideration and obligation to all types of park visitors that products sold under the awarded permits will be of good value and high quality (safe, attractive, and reflect a range of prices points) at all times. DCR will evaluate the number, percentage, and variety of healthy food and drink options in each proposal, and will consider a greater amount as advantageous to the Proposer as discussed in Section III C herein. Please note that alcohol service and general merchandise sales within the Premises will not be allowed, and other restrictions apply subject to the terms and conditions of this RFP and any future operating permit. In accordance with public safety, DCR policy, or the best interests of the public or DCR, DCR reserves the right to modify and/or completely withdraw, at any time subsequent to this solicitation, any Premises location specified herein, including changing or eliminating facilities, programming, marketing opportunities, special events etc. allowed on the Premises. DCR is soliciting competitive proposals pursuant to a determination that such a process best serves the interests of the Commonwealth, DCR and the general public. DCR has the right to accept or to reject any and all proposals, to withdraw or amend Page 2 of 35 this RFP at any time, to initiate negotiations with one or more Proposers, to modify or amend with the consent of the Proposer any proposal prior to acceptance, and to waive any formality, all as the DCR in its sole judgment may deem to be in its and the public best interest. The decision of the evaluation panel and the Commissioner of DCR is final. II. Proposal Process Proposer Qualifications and Mandated Items All proposers must meet the criteria set forth in Section III A below in order to submit a proposal for evaluation. The items and information required in Section III B must be presented to DCR along with each proposal. The Proposal Submission Form attached below as attachment E must also be submitted with each proposal for consideration. A proposal submitted without these items and information will not be considered, and will be automatically rejected. Site Visit on Premises A Site Visit prior to proposal submission is mandatory. An open group Site Visit will be held on FRIDAY, AUGUST 14, 2015 at 2:00 PM on the Cambridge Esplanade, near the corner of Ames Street and Memorial Drive in Cambridge, MA adjacent to the MIT Sailing Pavilion. If Proposers cannot attend at this time, Proposers should schedule individual site visits during the proposal period with the DCR staff listed below. All Proposers must obtain a DCR staff signature during their Premises Site Visit, on the Proposal Submission Form. All proposals shall be deemed to have been made with full knowledge and understanding of the existing Premises conditions. Cambridge Esplanade – Charles River Site Supervisor: Angelo Tilas <a href="mailto:[email protected]" target="_blank">[email protected] </a>617-227-0627 or 617-828-1614 OR Reservation The north bank of the Charles River, between the Mass Ave Bridge and the Charles River Dam, along Memorial Drive and Land Boulevard, Cambridge MA Stephen Cyr, Charles Area Manager 617-727-1058 or 617-304-6164 <a href="mailto:[email protected]" target="_blank">[email protected] </a>Questions During the Proposal Period All Proposer questions must be submitted in writing. Written questions must be received by Friday August 14, 2015, by 5:00 p.m., and directed to: By E-mail: <a href="mailto:[email protected]" target="_blank">[email protected] </a>or by Fax: 617-626-1351; or by U.S. Mail or hand delivery to: DCR Long Term Permits & Leases 251 Causeway Street, Suite 600, Boston, MA 02114-2119 ATTN: S. Milano – RFP 2015 416 To ensure fair public notice to all prospective Proposers, DCR staff will reply to all inquiries in writing on the CommBuys website <a href="/goto?url=http://www.commbuys.com/" target="_blank">(</a><a href="/goto?url=http://www.commbuys.com/" target="_blank">http://www.commbuys.com/</a><a href="/goto?url=http://www.commbuys.com/" target="_blank">)</a>. No answers to substantive questions will be provided in person or by telephone. Presentations and Interviews Page 3 of 35 Following a review of the submitted mandated items and proposals that are timely and otherwise properly submitted, DCR may conduct interviews with proposers. Interviews may be held by teleconference (via phone and/or internet) but in-person is preferred. The purpose of any interview will be to clarify proposals and evaluate the qualities, expertise and operational concepts of the Proposer’s proposal. No additional proposal material will be accepted at interviews. Proposal and Evaluation of Proposals Proposals received will be evaluated by a panel of DCR staff. When the successful proposer has been chosen, a recommendation to the Commissioner of DCR will be made. Upon approval of the recommendation the apparent winning proposal/proposer will be notified. Any deposits, certificates of insurance, and letter of credit will be due to DCR within ten (10) business days after an announcement of the apparent winning proposal/proposer. A Notice of Award will be issued once all required documents and deposits are received. Should the winning proposer fail to meet the requirements of the RFP or any other related DCR requirements, DCR may make an award to the next available proposer or withdraw the opportunity altogether. Notice of the winning proposal will be posted on the CommBuys website. DCR reserves the right to accept or reject any or all proposals or any part or parts thereof; to waive any defects, informalities and minor irregularities, reject any and all proposals, and to award the contract in the best interests of DCR and the Commonwealth. No costs of responding to this RFP or any addenda or other documents or attendance at meetings in connection with this RFP shall be reimbursed by DCR. RFP Proposal Schedule – SUBJECT TO CHANGE Proposers are encouraged to frequently check the CommBuys web page for this RFP to be aware of any amendments, any questions & answers, or any changes to the RFP documents or this schedule. Pre-Proposal Site Visits must be completed A group site visit will be held on August 14, 2015 at 2:00 PM. Any other visits must be completed Before September 8, 2015 Written and e-mail questions must be received Answers to written questions will be posted Proposal packages due at DCR Office Interviews, if any, will be held By 5pm Friday August 21, 2015 By 5pm Friday August 28, 2015 By 5pm Tuesday, September 8, 2015 September 8-11, 2015 Proposal Evaluation Period ends and Recommendation to Comm’r By September 18, 2015 NOTE: Deposits and Insurance Certificates will be due within ten (10) business days after notice to apparent winning proposers By approximately September 30, 2015 Award Notice(s) Issued 1- 2 wks or after all items rec’d from winning proposer Finalized Permit and Placard will be issued Once finalized with proposer and approved by all DCR Dept’s. Correcting, Modifying or Withdrawing Proposals Page 4 of 35 Proposal documents may be corrected, modified or withdrawn at any time prior to the proposal due date, when the proposal packages will be opened at DCR. Modifications should be submitted in writing, sealed and marked in the same manner as the original proposal package. Mandatory Terms and Conditions; Permit Issuance To commence operations, the Permittee must receive and sign a duly issued Award Notice. Thereafter, the DCR will draft and the parties will execute a permit agreement. All provisions, conditions and terms in this RFP and any Award Notice are obligatory and enforceable during the permit drafting process. III. Description of the Premises and Applicable Information DCR's Charles River Reservation is a linear park stretching from Boston Harbor up the river for 20 miles. The lower half of the reservation, from downtown Boston to the Watertown Dam, is the <a href="/goto?url=http://www.mass.gov/dcr/parks/charlesRiver/charlesBasin.htm" target="_blank">Charles River </a><a href="/goto?url=http://www.mass.gov/dcr/parks/charlesRiver/charlesBasin.htm" target="_blank">Basin, </a>which includes the Esplanade on the Boston side. The basin abuts the campuses of MIT, Boston University and Harvard. The <a href="/goto?url=http://www.mass.gov/dcr/parks/charlesRiver/upperCharles.htm" target="_blank">Upper Charles River </a>section of the Reservation begins at Watertown Square and meanders to Riverdale Park in West Roxbury. The Reservation has many recreational opportunities for urban dwellers. DCR's Hatch Memorial Shell is located on the Boston <a href="/goto?url=http://www.mass.gov/dcr/parks/charlesRiver/planYourVisit.htm" target="_blank">Esplanade, </a>between the Mass. Ave. and Longfellow Bridges. Opposite the Hatch Shell, on the Cambridge side of the Charles River, is the Cambridge Esplanade. During the Event in past years, sound amplification has allowed visitors on the Cambridge Esplanade to listen to the Event, and view the fireworks display over the Charles River. In past years, spectators each year have attended the Event at the Cambridge Esplanade. Food concessions have been set up at various locations along Memorial Drive and Land Boulevard; FOR EXAMPLE a sample concession location configuration for food and beverage sales on the Premises follows (see also the sample map included below at Attachment A to this document): 1. Location A: grass median located in between Edwin H Land Boulevard and the Charles River 2. Location B: grass median located opposite MIT Sloan School of Management and in between Memorial Drive east and westbound 3. Location C: grass median located opposite 100 Memorial Drive building complex and in between Memorial Drive east and westbound 4. Location D: grass median located opposite MIT Hayden Library and in between Memorial Drive east and westbound 5. Location E: grass median located opposite Killian Court and in between Memorial Drive east and westbound DCR may consider proposals for vending food and drink from food trucks, small carts, kiosks, tents and other small stands. Proposers will be required to assess their need for equipment as well as the proper storage and removal of such equipment considering other uses and users of the park. Storage must be kept to a minimum and used on a temporary basis. Proposers should consider the security of such equipment. DCR will not be responsible for damaged or stolen equipment. Page 5 of 35 Proposals for mobile, cart or stand concessions should map out each location and show pictorially/graphically the concession operations so as to not impede the flow of traffic, increase trash, and serve customers efficiently. The Permittee shall comply with all reasonable requests of DCR staff concerning concession operations, including but not limited to access by delivery or other vehicles, onsite storage, trash receptacle placement, and site mitigation such as cleaning and grass reseeding or similar. All proposals shall be deemed to have been made with full knowledge and understanding of the existing Premises conditions. Locations for vending may be proposed to change dependent on weather, Event schedule, Event type or estimated attendance, marketing or sponsorship of Event, security or operational concerns, or other factors. Locations for vending shall be based on the size and needs of the Event. DCR reserves the right to withdraw, modify, approve, direct, limit or control the location, size, scope, type, or operation of any food concession, including any sub-licensed vendors, within the Premises at any time. All concession operations, fixed and mobile, will be subject to applicable public safety security protocols and procedures. Enhanced security measures implemented for special events may result in reduced operating hours; restricted access to the venue and fixed and mobile concession locations; and/or enhanced screening of concession personnel and patrons, at the direction of DCR, Massachusetts State Police, or other local, state and federal agencies. ALL PROPOSERS ARE HEREBY NOTIFIED THAT WEATHER MAY ADVERSELY AFFECT THE NUMBER OF VISITORS TO THE PREMISES. DCR-APPROVED EVENT SPONSORS MAY INCLUDE FOOD RELATED COMPANIES WHO MAY OFFER THEIR GUESTS AND INVITEES FOOD SAMPLES AT THE PREMISES. CONSEQUENTLY, THE DCR WILL NOT ISSUE ABATEMENTS OF AGREED UPON FEES TO DCR FOR DIMINUTIONS IN BUSINESS INCOME BECAUSE OF WEATHER, SECURITY REQUIREMENTS, COMPETITION, OR ANY EVENT OR CIRCUMSTANCE NOT IN THE CONTROL OF DCR. July 4th Event: Over the past three operating seasons, the size, scope, and security infrastructure of the longstanding July 4th Fireworks Spectacular event (“July 4th”) at the Premises has changed significantly from earlier years. Although DCR does not guarantee the continuation of July 4th events in future years, subject to the terms and conditions of this RFP and any future Permit, Bidders should take into consideration the following information on the July 4th event: 1. July 4th typically includes evening musical performances on both July 3 and July 4, with fireworks after the performance on July 4. Setting up the event takes many weeks before and after July 4th, which may impact the Premises in terms of other event scheduling, logistics, laydown, temporary equipment installation, vehicle and storage parking, etc. 2. Permittee may offer additional food vendors the opportunity to subcontract space within the Premises for July 4th, subject to the terms and conditions of the Permit as well as full oversight and approval, including appropriate security clearance and credentialing for all food concession staff during July 4th, by DCR, Massachusetts State Police (“MSP”), Boston or Cambridge Fire Dept., Boston or Cambridge Inspectional Services, and other local, state or federal agencies. Permittee retains full responsibility for meeting the terms and conditions of the Permit, for Permittee operations as well as for any such subcontracted vendors, including ensuring compliance with all applicable local, state, or federal licensing, safety, or credentialing requirements, as well as providing any required contact or other information on subcontractors in advance of July 4th as requested. Page 6 of 35 3. Access to the Premises by food concession staff and suppliers, as well as by the public, before, during and after July 4th is subject to ongoing review, adjustment and approval by DCR, MSP, Boston or Cambridge police or fire departments, and other local, state, or federal agencies, which may impact

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