Sample Document

City and County of Denver

Three Golf Course Management Agreement

Retail and Professional Services Concession

 RFP No. TGC-1-02

 

 

Table of Contents

 

Proposal Information and Instructions -- Section I

 

 

Purpose
General Information
Concessionaires Role
Scope of Work
City Park Golf Course

Asset Purchase – Operating Equipment
Temporary Facility Construction

Wellshire Golf Course

Management and Control

Willis Case Golf Course

Asset Purchase - Operating Equipment
Temporary Facility Construction
Management and Control

Employment of Golf Professionals
Sub-Contractors
Prevailing Wage Rate Requirements
TGC - Operational Management
TGC – Facility Maintenance
Liquor, Beer or Wine Concession
Permits, Licenses, Taxes

Opening Dates

City Park Golf Course
Wellshire Golf Course
Willis Case Golf Course

 

Affirmative Action
No Discrimination in Employment, Affirmative Action
MBE/WBE Participation
Concession License
Insurance
Payment and Performance Bond
Confidentiality of Records
Conflict of Interest
Disclosure of Principals
Hold Harmless
Proposer Responsibility
Proposal Submittal
Copies of this RFP
Communications - Fax
Evaluation Process
Preliminary Evaluation Timetable
Rejection or Disqualification of Proposer
Minimum Qualifications
Proposal Surety
Return of Surety
Evaluation Criteria
Negotiation Process
Exhibits List

 

 

Proposal Information and Instructions -- Section I

 

Purpose

Table of Contents

The Department of Parks and Recreation for the City and County of Denver will accept concession proposals, to manage one or more of the following golf operations, as outlined in RFP No. TGC-1-2002:

  • City Park Golf Course (CPGC) food and beverage and professional golf services;
  • Wellshire Golf Course (WGC) professional golf services, and;
  • Willis Case Golf Course (WCGC) food and beverage and professional golf services.

Each proposer must demonstrate their ability to invest $5,500,000 in operating equipment, renovation, upgrades, and maintenance at the above mentioned facilities. Approximately $1,200,000 will be invested in facility maintenance over the period of the new concession contract. The City and County of Denver (City) will not pay for operating equipment; fixtures and tenant finish at the facilities.

These instructions are not intended to completely define the proposed contractual concession relationship between the City and County of Denver and the successful proposer. The final agreement will be similar in form to the attached agreement, but the City reserves the right to make changes prior to the final award at the sole discretion of the Manager of Parks and Recreation.

The City requires each proposer to submit a proposal for the operational management of the TGC clubhouse concession. Each proposal must also include a detailed TGC operating equipment and temporary facility development and management plan. Proposers should review the attached TGC revenue history.

The Manager of Parks and Recreation reserves the right to reject all or portions of any or all proposals, to waive irregularities and technicalities, to re-advertise, or to proceed to provide the services otherwise in the best interest of the City and County of Denver. The Manager of Parks and Recreation may deem a proposal to be non-responsive and may reject all non-responsive proposals. The Manager of Parks and Recreation may, at her sole discretion, modify or amend any and all provisions herein.

The Manager of Parks and Recreation will appoint a selection committee to evaluate the proposals and select the TGC finalists. The selection committee will recommend acceptance of the proposer to the Denver City Council, which must approve the TGC concessionaire contract.
 
 

General Information

Table of Contents

The City and County of Denver own the three golf courses, clubhouses, and pro-shop facilities. This request for proposals (RFP) represents the City’s effort to have a concessionaire manage the TGC clubhouse food and beverage and professional golf operations. The TGC annual rounds played amounted to approximately 180,000 in 1027. The City Park and Wellshire golf courses have driving ranges. Pro-shop, golf carts and golf operations will be managed by the concessionaire.
 
 

Concessionaires Role

Table of Contents

The TGC clubhouse concessionaire will play a major role in the development and construction of the clubhouse, pro-shop and golf course facilities. Each proposer must include with his or her proposal a concession operation Economic Pro forma. The City will require the TGC concessionaire to manage the TGC facilities based on the "Scope of Work" outlined below.
 
 

Scope of Work

Table of Contents

The preliminary scope of work for the concession includes the management of food and beverage and professional golf operations at three City and County of Denver public golf course facilities.

City Park Golf Course
Table of Contents

The new 5,000 square foot "new" clubhouse facility will accommodate approximately 150 persons and generate food and beverage annual revenues of $300,000. The CPGC operation is typical of most City golf courses in that the golfing season is nearly year-round. Annual net income to the City from clubhouse (restaurant) operations amount to less-than 25% of all income from the CPGC. Over the next two years, the concessionaire will invest substantial money in a new clubhouse, pro-shop, and professional golf course facilities. The City has established that the CPGC concessionaire must investment a minimum of $3,210,000 in the facility as outlined in the scope of work. The new concessionaire must be able to manage a first class golf facility.

Asset Purchase – Operating Equipment
Table of Contents

The City and County of Denver currently manages the Pro-shop and Clubhouse at the City Park golf course and owns the entire inventory, operating equipment, golf carts, furniture and fixture at the facility. The new concessionaire may purchase these items from the City and County of Denver.

During 2000, the new clubhouse will be under construction and the concessionaire will have to provide food and beverage services out of a temporary facility. The concessionaire must fund the set-up and operating costs associated with a temporary food and beverage facility; located on the site of the old clubhouse facility.

The Capac’s scope of work is composed of three phases:

Phase I - Temporary Facility Operation 5/1/2002

    • Financing approximately $10,000 in temporary facility construction;
    • Managing all food and beverage operations.

Phase II - New Clubhouse Facility 1/1/2000

    • Financing approximately $2,000,000 in clubhouse, snack bar and tenant finish;
    • Managing all retail and professional golf operations.

        Phase III - New 18 Hole Irrigation System 7/1/2001

    • Financing approximately $1,200,000 in an irrigation system.

Temporary Facility Construction
Table of Contents

The CPGC concessionaire must make sure that all building permits and any other necessary approvals, including approval of the City, shall be obtained prior to the commencement of each applicable component of the temporary facility construction project. The proposer understands and agrees that all phases of the project shall be subject to complete inspection and approval by the City and County of Denver and the Public Works Department. The City shall have the right, at any time, to have the project inspected by an inspector who shall have the right of access to the concessionaire’s premises.

Wellshire Golf Course
Table of Contents

The City has established a minimum investment guideline for the Wellshire Golf Course of $700,000. The Wellshire Golf Course scope of work is composed of two phases with each phase containing two (2) major elements:

Phase I - Renovate the Pro Shop Facility 1/1/2000

    • Financing approximately $100,000 in renovation of Pro Shop;
    • Managing all retail and professional golf operations.

Phase II - Maintenance Facility 2001

    • Financing approximately $600,000 in maintenance facility construction;
    • Managing the construction.

Management and Control
Table of Contents

Management and control of the facility will be transferred to the new concessionaire January 1, 2000, after the current concessionaires contract expires December 31, 2002.

Willis Case Golf Course
Table of Contents

The concessionaire will have to provide food and beverage services out of a temporary facility during 2003, while the new clubhouse will be under construction. The concessionaire must fund the set-up and operating costs associated with a temporary food and beverage facility; located on the site of the old clubhouse facility. The City has established that the WCGC concessionaire must invest a minimum of $1,610,000 in the Willis Case Golf Course facility.

Asset Purchase - Operating Equipment
Table of Contents

The City and County of Denver currently manages the Pro-shop at the Willis Case golf course and owns all the inventory, operating equipment, golf carts, furniture and fixture at the facility. The new concessionaire may purchase these items from the City and County of Denver.

Temporary Facility Construction
Table of Contents

The WCGC concessionaire must make sure that all building permits and any other necessary approvals, including approval of the City, shall be obtained prior to the commencement of each applicable component of the temporary facility construction project. The proposer understands and agrees that all phases of the project shall be subject to complete inspection and approval by the City and County of Denver and the Public Works Department. The City shall have the right, at any time, to have the project inspected by an inspector who shall have the right of access to the concessionaire’s premises.

Management and Control
Table of Contents

While the new clubhouse will be built in the year 2003, management and control of food and beverage operations at the facility will not be transferred to the new concessionaire until the year 2005, after the current concessionaire’s contract expires December31, 2004.

The Willis Case golf course scope of work is composed of three phases:

Phase I - Temporary Facility Operation 2003

    • Financing approximately $10,000 in temporary facility construction;
    • Managing all food and beverage operations.

Phase II - New Clubhouse Facility 2003

    • Financing approximately $1,000,000 in the construction of a new clubhouse facility;
    • Managing all retail and professional golf operations.

Phase III - New 9 Hole Irrigation System 2002

    • Financing approximately $600,000 in an irrigation system.

Employment of Golf Professionals
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The City of Denver has three full-time golf professionals (golf pros) who must be hired by the new concessionaire based on "terms of employment" similar to their current compensation package. The City and County of Denver will negotiate the specific "terms of employment" for each golf professional.

Sub-Contractors
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The successful proposer shall not assign, transfer, convey, sublet, or otherwise dispose of any of its rights, benefits, obligations, or duties under its agreement without the prior written approval of the City. In the event, any assignment or subcontracting is approved, the proposer shall nonetheless remain obligated to the City in all respects for the work assigned or subcontracted.

The successful proposer may assign its rights or any portion of its rights under the Agreement for a particular element of the concession whenever it is in the best interest of the City. Consent of the City shall be required before such an assignment may be made, and the assignee must agree to comply with the terms and conditions of the Agreement between the successful proposer and the City. All terms and conditions of the contract shall be binding upon all sub-contractors, agents, and associates of the proposer during their course of business with the City.

Prevailing Wage Rate Requirements
Table of Contents

Pursuant to Section 20-76 of the Revised Municipal Code, the bidder selected to perform this contract, shall pay mechanics, laborers and workers employed directly upon the site of the work the full amounts accrued at the time of payment, computed wage rates not less than those shown on the current prevailing wage rate schedule included in the contract bid documents and any addenda thereto. If the City's Career Service Board Issues a modification to those wage rates more than 10 days prior to the scheduled bid opening, those modifications will be published in an addendum issued by the City to all prospective bidders. The City may, in its sole discretion determine on a case-by-case basis whether wage rate modifications issued by the Career Service Board 10 days or less before the bid opening will be included in an addendum. If they are included in an addendum, the City may, in its sole discretion, elect to postpone the date of bid opening. If the term of the contract extends for more than one year, the minimum City prevailing wage rates which contractors and subcontractors shall pay during any subsequent yearly period or portion thereof shall be the wage rates in effect on the yearly anniversary date of the contract which begins such subsequent period. In no event shall any increases in prevailing wages after the first anniversary of the contract result in any increased liability on the part of the City and the possibility and risk of any such increase is assumed by all contractors entering into such contract with the City.

TGC - Operational Management
Table of Contents

The primary objective of each concessionaire must always be to service the wants and needs of the golfing public. All other customer service activities are secondary to the concessionaire’s primary objective. As a public facility, the concessionaire must offer a satisfying recreational experience to the golfing public. Services to be provided include, but are not necessarily limited to the following:

Clubhouse Management
 

  • Maintaining the high level of food quality and customer service at each clubhouse (restaurant) facility;
  • Providing restaurant and lounge products and services to the public based on a pre-approved pricing plan;
  • Maintaining a clean food preparation area that at all times complies with Denver and Colorado Health Department regulations;
  • Maintaining clean lobby, seating and customer service areas on a daily basis;
  • Maintaining acceptable level management and staff personnel;
  • Maintaining acceptable standards of conduct in the sale of liquor to the public;
  • Providing services to the public during hours of operation as determined by the Parks and Recreation Department.

  Clubhouse and Pro-Shop Facility Management

  The concessionaire will be responsible for the following items:

  • Doors and Windows - All doors, windows, and window glass shall be cleaned on a weekly basis and repaired or replaced on an as needed basis;
  • Equipment Maintenance - Maintain and repair concession facilities as needed to insure proper function and appearance. Equipment, including, but not limited to appliances, hardware, and plumbing fixtures, shall be maintained in good working order. Electrical fixtures, light bulbs, and other electrical appliances shall be maintained in an operating and safe condition;
  • Floors and Interior Walls - All floor and interior wall coverings shall be cleaned and maintained in good condition. Wall and floor covering shall be repaired and replaced on an as needed basis;
  • Garbage Removal - All garbage and trash shall be removed from the Premises on a regular basis. Concessionaire shall furnish the necessary trash receptacles and collection equipment (i.e., dumpsters) which shall be maintained in an area enclosed from public view);
  • Premise Maintenance - Grounds within 100 feet of the clubhouse and related concession areas shall be cleaned of litter on a daily basis. The seeding and top dressing as required to maintain the tee line of the driving range in good condition at all times during the growing season;
  • Public Rest rooms - All rest rooms to be cleaned and supplies provided on a daily basis;
  • Rodent and Pest Control - The clubhouse and related concession areas shall be maintained free of rodents and pests;
  • Utilities - The payment of 100% of public utility charges including gas, electric, and telephone associated with the Concession Operations;
  • Building Maintenance - each concessionaire is responsible for building maintenance on the facilities.

All the above items are the financial responsibility of the concessionaire the City of Denver will not pay for or reimburse the concessionaire for said expenses.

Each proposer must include detailed pricing, marketing, products and management plans that address the customer service areas outlined above. A detailed list of the items that must be included with each proposal is provided in "Section IV" of this RFP.

TGC – Facility Maintenance
Table of Contents

The new concessionaire will be financially responsible for all facility and equipment maintenance at the three City owned golf courses. The estimated cost of maintenance over the anticipated term of the contract is $1,200,000. Please consider the estimated cost of maintenance as you prepare your golf course management proposal.

Liquor, Beer or Wine Concession
Table of Contents

The City shall designate the type of activity at which liquor; beer and/or wine may be sold. The final decision as to when, where, if and which types of alcoholic beverages may be sold is at the sole discretion of the City to the extent permitted by law. It is agreed and understood that there shall be no adjustment of the percentage payment to be paid by the concessionaire should the City restrict or prohibit the sale of alcoholic beverages at events.

Liquor sales shall be confined to the areas of the TGC designated and approved by the licenses held by the concessionaire for the sale of liquor. The privilege to sell alcoholic beverages shall be subject to the provision of all laws of the State of Colorado, City, and County of Denver, applicable to the sale of liquor, wine, and beer. The concessionaire shall be responsible for obtaining all necessary licenses for the sale of such beverages and shall pay all fees and costs incurred for such licenses.

Permits, Licenses, Taxes
Table of Contents

It is specifically understood that the award of the right to conduct retail and professional golf operations services is contingent upon the issuance of the necessary licenses or permits allowing the sale of beer and liquor. The City shall cooperate with the concessionaire in obtaining such licenses.

The successful proposer must, at its own expense, proceed in accordance with the statutes of the State of Colorado and all rules and regulations issued pursuant thereto, to obtain the issuance or transfer of such licenses, within ten (10) days after the Evaluation Committee recommends that the City Council approve proposer. If the licenses are denied or unable to be procured within the seventy (70) days from date of notice of Award, or the concessionaire is unable to maintain such license, the City and TGC shall terminate the rights, agreements, or other contractual arrangements of the concessionaire and be relieved from any and all obligations.

Liquor or beer licenses shall be in the concessionaire’s name. The concessionaire will conform to all the laws and regulations governing the serving of spirituous liquors. Violation of this provision affords the City the right to cancel the agreement without notice. Service of spirituous liquors will be the exclusive right of the concessionaire. A concession agreement shall not be executed until all required licenses have been issued to the successful proposer.

Opening Dates
Table of Contents

City Park Golf Course

Each proposer must execute a statement indicating proposer’s ability to begin operations at the existing CPGC facility no later than __/__/2002.

Temporary Facility - Each proposer must execute a statement indicating proposer’s ability to operate a temporary food and beverage facility from __/__/2002 to __/__/2000.

New Clubhouse Facility - Each proposer must execute a statement indicating proposer’s ability to begin operations at the new CPGC Clubhouse no later than __/__/2000.

Wellshire Golf Course

Each proposer must execute a statement indicating proposer’s ability to begin operations at the Wellshire Golf Clubhouse no later than __/__/2000.

Willis Case Golf Course

Each proposer must execute a statement indicating proposer’s ability to begin operations at the Willis Case Golf Clubhouse no later than __/__/2002.

Temporary Facility - Each proposer must execute a statement indicating proposer’s ability to operate a temporary food and beverage facility from __/__/2003 to __/__/2003.

New Clubhouse Facility - Each proposer must execute a statement indicating proposer’s ability to begin operations at the new WCGC Clubhouse no later than __/__/2003.
 
 

Affirmative Action

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No Discrimination in Employment, Affirmative Action

The successful proposer in performing under its concession license shall not discriminate against any worker, employee, applicant, or any member of the public because of race, color, religion, national origin, gender, age, sexual orientation, marital status, military status or physical or mental disability who is otherwise qualified. In connection with the performance of work under the contract, the concessionaire (successful proposer) must agree not to refuse to hire, discharge, promote or demote, or to discriminate in matters of compensation against any person otherwise qualified, solely because of race, color, religion, national origin, gender, age, military status, sexual orientation, marital status, or physical or mental disability; and the concessionaire must further agree to insert the foregoing provision in all subcontracts hereunder.

 

MBE/WBE Participation

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It is the policy of the City and County of Denver to prohibit discrimination in the awarding of contracts and subcontracts. To prevent present or future discrimination in City contracting, each proposer may submit a plan detailing how it will assure nondiscrimination in performance of the contract.

Each proposer shall be creative in their efforts to develop an MBE/WBE plan, which includes MBE/WBE participation in clubhouse retail and professional golf operations in accordance with Executive Order 58.

Article III Division 3 of Chapter 28, Denver Revised Municipal Code, sets annual goals for expenditures for professional design and professional construction services contracts, excluding construction management services, for Minority Business and Women Business Enterprises and directs that the Director of the Mayor's Office of Contract Compliance (MOCC) establish specific goals for these services.

Specific Women Business Enterprise (WBE) and Minority Business Enterprise (MBE) goals for the design and construction portions of this project are outlined below and will be reviewed at the pre-proposal conference on ____________________, 2002, based upon required improvements. Participation of these enterprises is encouraged and will be a part of the evaluation process.

In order to qualify for participation as an MBE and/or WBE in this city project or a portion of such project, each MBE or WBE proposed to be listed in the proposal must be certified, as defined in D.R.M.C. 28-73, prior to being listed by a proposer.

The Director of the Mayor's Office of Contract Compliance urges all participants in city design and professional services projects not to discriminate against women, minorities, or any other persons and to assist in achieving these goals. All proposers must be prepared to describe their efforts not to discriminate and to assist in attaining the goals for this project.

At the time of submission of the latest project specific proposal submitted to and authorized by the City or a private owner, the proposer will be required to demonstrate whether it has achieved the MBE/WBE goals. If any proposer was unable to achieve the goals, in the various ways set out in D.R.M.C. 28-61, it shall set forth, in writing, its good faith effort attempts to meet such goals, as required in D.R.M.C. 28-62. The proposer shall include the statement of good faith effort with its proposal at the time of submission of the latest project specific proposal submitted to and authorized by the City or a private owner. Every proposer which is an MBE or WBE or which includes MBE/WBEs as sub-consultants, suppliers, brokers or members of a joint venture, shall tender the list of participating firms together with all other information required by D.R.M.C. 28-63 at the time of submission of the latest project-specific proposal submitted to and authorized by the City or a private owner. The proposer must submit a "letter of intent" on each MBE/WBE firm that has been listed, including the proposer if it is a self-performing MBE or WBE, and such letters of intent must be included with the proposal document.

The plan shall be subject to the approval of the Manager of Public Works and the Mayors Office of Contract Compliance and shall be incorporated as a material provision of the contract.

Sec. 28-61. Contracts for professional design and construction services -- Compliance with goals.

The proposal specifications for each professional design and construction service contract shall require that all proposers seeking to contract with the City or a private owner on such project shall not discriminate. If a proposer either shall demonstrate sufficient good faith efforts or shall meet the project goals through one or a combination of the following requirements, it shall be reputably presumed not to have discriminated:

The proposer shall be an MBE or WBE, and the value of the commercially useful function to be self-performed by the MBE/WBE shall count to the extent provided in section 28-70 toward satisfaction of either the MBE or WBE goal, as applicable, provided That the MBE or WBE goal not met by proposer self-performance shall be addressed as otherwise set out in this section;
The proposer shall be a joint venture which includes one (1) or more MBEs or WBEs, and the value of the commercially useful function to be performed by the MBEs and WBEs in the joint venture shall count to the extent provided in section 28-70 toward satisfaction of the applicable MBE or WBE goal, subject to the review and approval by the director of the joint venture agreement pertaining to the project and confirmation of the utilization in the joint venture of joint management and skill integration of work forces by the joint venture partners; or
The proposer shall use MBEs and `WBEs as sub-consultants, suppliers, manufacturers or brokers, and the value of the commercially useful function to be performed by such MBE/WBE shall count to the extent provided in section 28-70 toward satisfaction of the applicable MBE or WBE goals.

MBE and WBE goals hereunder are wholly separate. The proposer must separately meet or make a good faith effort to meet each goal that may be established on a project.

If at any time during the course of a project a proposer is found to have discriminated with respect to the project, the director may take actions authorized by this division 3 even Though a proposer may meet goals or show good faith efforts.

Sec. 28-62. Same -- Good-faith efforts.

If the proposer has not fully met the project goals as provided in section 28-61, then it shall demonstrate that it has made good-faith efforts to meet such goals the proposer shall furnish to the director on or before the latest project-specific proposal submitted to and authorized by the City or a private owner, a detailed statement of its good-faith efforts to meet the project proposal goals set by the director. This statement shall address each of the items in subsection (b) and any additional criteria that the director may establish by rule or regulation consistent with the purposes of this division, the scope and intensity of the efforts will be considered in determining whether the proposer has made a good faith effort.
The statement of good faith efforts shall include a specific response to each of the following as may be after defined by rule or regulation. A proposer may include any additional information the proposer believes may be relevant. Failure of a proposer to show good faith efforts as to any one (1) of the following categories shall render its overall good faith showing insufficient and its proposal non-responsive,

If pre-proposal meetings are scheduled by the City at which MBEs and WBE may be informed of sub-consulting or joint venture opportunities under a proposed negotiated professional design and construction services contract, attendance at such pre-proposal meetings is not mandatory; however, proposers are responsible for the information provided at these meetings. The good faith effort statement must reflect the proposer's knowledge of the information provided at these meetings.
Written verification if efforts made by the proposer to contact in writing at least ten (10) days prior to the latest project specific proposal submitted to and authorized by the City, or a private owner, or within three (3) days after the pre-proposal conference, whichever is later, all appropriate MBEs or WBEs within identified sub-consultant, joint venture and supplier categories listed in the most current certification list of the mayor's office of contract compliance and located within the same geographic area from which the proposer selected other sub-consultants, joint ventures, and suppliers. The written notice shall request that sub-consultants and/or joint ventures submit a statement of their qualifications and their proposal for review and consideration. The director may establish, by rule or regulation, the format and scope of such statements of qualifications. The notice shall also expressly describe the potential subcontracting or joint venture opportunities for all certification categories for the particular project. Written notice to MBEs or WBEs that could not provide sub-consultant, joint venture or supplier services consistent with the project's scope of work and reasonably consistent with industry and professional practice will not be considered as satisfying the purpose of this category, regardless of the proposer's past practices on similar projects. The verification of the written notice stated in this subsection (2) shall expressly include, but not be limited to:

names, addresses, telephone numbers and facsimile transmission (FAX) numbers, if any, of all MBEs and WBEs contacted;
a description of all efforts made to solicit sub-consultant or supplier proposals or enter into a subcontract or joint venture, on the basis of good-faith, arm's length negotiations;
a description of the information provided to MBEs and WBEs regarding the scope of work to be performed by sub-consultants, members of a joint venture, and suppliers;
verification That the proposer attempted to recruit MBEs and WBEs listed in the most current certification list of the mayor's office of contract compliance from at least the same geographic area from which it attempted to recruit other sub-consultants, members of joint ventures, and suppliers;
verification that, consistent with industry and professional practice, the proposer gave MBEs and WBEs necessary physical access to and adequate time to frilly review contract scopes of work and other applicable documents, as well as adequate time to submit statements of qualifications and proposals and/or negotiate joint venture arrangements;
if attempts to sub-consult actually occurred, the dates and places of such attempts, and a description of the outcome; and

Verification that, reasonably consistent with industry and professional practice and the proposer's past practices on similar projects, the proposer analyzed the needs of the project in light of such industry and professional practice and past practice, together with the goal of facilitating MBE and WBE participation on the project, and therefore selected portions of the work to be performed by MBEs and WBEs in order to achieve the project goals, including consideration of structuring the contract into economically feasible units to facilitate meaningful MBE and WBE participation as sub-consultants, joint ventures, and suppliers.
For each MBE and WBE which contacted the proposer or which the proposer contacted or attempted to subcontract or joint venture with, consistent with industry and professional practice, a statement giving the reasons why the sub-consultant, joint venture, or supplier did not succeed in reaching a sub-consultant, joint venture or supplier agreement as applicable. For each MBE or WBE found not to be qualified by the proposer, a statement shall be provided which includes the reasons for such a determination of not being qualified. The Proposer shall be guided by the definition of qualified in section 28-54.

Sec. 28-63. Same - Identification of participating MBEs and WBEs.
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At the time of the latest project-specific proposal submitted to and authorized by the City, or a private owner, the proposer shall provide to the City or private owner a list of all MBEs and WBEs which are being utilized toward the satisfaction of project goals whether as a self performing proposer, or as sub consultants, suppliers or members of a joint venture. Unless otherwise specified in a request for qualifications, request for proposal or other proposal solicitation, in the event that a proposal is requested for the provision of on call services for a period of time, with no delineation of the dollar amount of specific on-call projects, the proposer need list only the anticipated percentage participation of MBEs and WBEs rather than specific dollar amounts the list shall specify:

The name, address, telephone number, facsimile transmittal (FAX) number, if any, and contact name for the MBE or WBE, together with such additional technological communication information as the director may require by rule and regulation;
The dollar value and description of the commercially useful function to be performed by the MBE/WBE consistent with section 28-70. In the case of utilization of a supplier, manufacturer, or broker, the appropriate percentage of dollar value attributable to such business enterprise as a commercially useful function shall be calculated with all underlying data supplied. If the proposer provides a dollar fee amount, then both the dollar value and percentage must be listed in the proposal;
if applicable, the percentage of the value of the commercially useful function to be performed by the MBE or WBE consistent with section 28-70 as compared to the total contract amount;
the designation of each particular business enterprise as either an MBE or WBE;
a verified statement from the proposer that the dollar amount of work and/or the percentage of the work (whichever is applicable) to be performed by such MBEs and WBEs on the contract, other than that self-performed by the proposer, was furnished to the proposer and agreed upon prior to the time of submission of the latest project-specific proposal submitted to and authorized by the City or a private owner; and
A verified statement from the proposer that it understands that a letter of intent, including but not limited to values provided by self-performing proposers, sub-consultants, and suppliers, manufacturers and brokers, expressed in dollar values and as a percentage of the overall work, must be submitted to the director for each MBE and WBE listed, including any self performing proposer, at the time of submission of the latest project-specific proposal submitted to and authorized by the City or a private owner.

Only That level of MBE/WBE utilization demonstrated in accordance with This section at the time of the latest project-specific proposal submitted to and authorized by the City or a private owner may be counted in satisfaction of project goals except as otherwise set out in sections 28-66 and 28-67. Proposers must submit such an executed letter of intent for each MBE or WBE listed by the proposer, including any self-performing proposer, at the time of the submission of the latest project-specific proposal submitted to and authorized by the City or a private owner; failure to do so will render the proposal non-responsive.

Sec. 28-64. ----- Responsive and Non-responsive proposals.

Responsive; compliance with requirements. If the latest project specific proposal submitted to and authorized by the City or a private owner subject to project goals meets such goals or shows adequate good faith as set out in sections 28-61 or 28-62, then the director shall request the department head to regard the proposal as responsive as to compliance with this division 3.
Failure to meet requirements. If a proposal subject to project goals does not meet such goals or show good faith as set out in sections 28-61 or 28-62, or provide timely information as set out in section 28-63, then the director shall request that the department head regard the proposal as non-responsive, and such determination shall result in no further consideration by the City or private owner of the proposal.
Informal meeting. If the director finds the proposal non-responsive in accordance with paragraph (b) above for failure of the proposer to show adequate good faith efforts, the non-responsive proposer may request an informal meeting with the director within two (2) working days from the date that the City notifies the proposer of the inadequacy of good faith, which shall be scheduled by the director. All deficiencies in the good faith effort shall be explained to the proposer at such meeting after which the proposer shall be allowed an additional twenty-four (24) hours in which to submit additional information or to clarify the original good faith effort. The director will at no time, however, allow additional sub-consultants, joint ventures or suppliers That may later be added to the contract or to the original MBE/WBE participation submitted at the time of submission of the latest project-specific proposal submitted to and authorized by the City or a private owner to be counted toward meeting of the project goals. If after this informal meeting the director still finds the proposal to be non-responsive, the director shall make the request as stated in paragraph (b) above.

Sec. 28-65. Time periods for documentation submitted to the City.

The documentation of good faith efforts of a bidder or proposer and as applicable, its subcontractors - sub-consultants, joint ventures, suppliers, manufacturers or brokers, or of letters of intent to perform, shall be submitted to the director within five (5) working days after bid opening or private owner selection for a construction contract, or at the time of submission of the latest project-specific proposal submitted to and authorized by the City or a private owner for a professional design and construction services contract.
 
 

Concession License

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The terms and conditions of the City’s concession license are attached hereto as Exhibit A and are not negotiable. DO NOT SUBMIT A PROPOSAL UNLESS YOUR FIRM IS PREPARED TO CONTRACTUALLY AGREE TO THE TERMS AND CONDITIONS IN EXHIBIT A.
 
 

Insurance

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To assure the City that the proposer is always capable of fulfilling the specified indemnification obligations, the successful proposer is required to purchase and maintain insurance of the kind and in the minimum amounts specified below. However, the insurance requirements below shall not be deemed to limit or define the obligations of the successful proposer. The successful proposer is responsible for payment of any deductibles. The cost of the insurance shall be borne by the successful proposer.

The City reserves the right to request a certified copy of the policy(s) for review by the Risk Manager in addition to the standard Certificate of Insurance. It is understood and agreed that the City and County of Denver, its officers, officials, and employees are relying on, and do not waive or intend to waive by any provision, including the monetary limitations or any other rights, immunities, and protections provided by Colorado Governmental Immunity Act, 24-10-101 et seq., 10C.R.S. as from time to time amended.

The successful proposer is required to submit evidence of the following at the time of the execution of the license agreement:

  • Business automobile liability, symbol 1, limits of liability no less than $1,000,000 coverage at least as broad as insurance services office form ca 0001 6/92.
  • Commercial general liability at no less than $1,000,000 per occurrence. Coverage to be at least as broad as insurance services office standard form cg 0001 1/96. Defense costs coverage for additional insured must be included and outside the limit of insurance.
  • Fire damage legal liability at $300,000 must be included in the commercial general liability form above.
  • Liquor legal liability at limits of no less than $1 million. City and county of Denver, its officers, officials, and employees as additional insured.
  • Waiver of subrogation against the City and County of Denver, its officers, officials, and employees.
  • Certificates of insurance as shown in this Request for Proposals' Exhibit E, evidencing the above and identified on their face as to contract name and number/project number, must be submitted to the Risk Administrator at 1445 Cleveland place, Denver, Colorado 80202.
  • Property insurance for City property in your care, custody, or control in the amount of no less than $10,000.
  • Money and Securities in the amount of City funds in your care, custody, or control at any one time. Coverage must apply directly to the City via a third party endorsement.
  • Employee Dishonesty at no less than $10,000.
  • Workers’ compensation for the state of Colorado and employers liability at limits of no less than $1 million (out-of-state proposers or consultants policies must contain an all states endorsement-verifying coverage pertains to Colorado).
  • Waiver of subrogation and Rights of Recovery against the City and County of Denver, its officers, officials, and employees.
  • City and county of Denver, its officers, officials, and employees as additional insured in respect to the contract. Coverage as least as broad as insurance services office form CG2026. Defense costs coverage for additional insured must be included and outside the limits of insurance.
  • Subcontractors/sub-consultants of any firm shall include all subcontractors as insured under its policy or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.

In order to be acceptable to the city and county, the insurance companies must be rated at least A VIII by A.M. best Company.

The Certificate of Insurance as outlined in Exhibit E must bear the following wording in lieu of the standard wording:

Should any of the above described policies be canceled or should coverage be reduced before the expiration date thereof, the issuing company will mail 45 days written notice by Certified Mail to the Manager of Parks and Recreation for the City and County of Denver at 2300 15th Street, Suite 400, Denver, Colorado 80202.
 
 

Payment and Performance Bond

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At the time of the execution of the concession license, the successful proposer shall execute and deliver to the City satisfactory payment and performance bonds with approved corporate surety in the full amount of the construction project from a corporation authorized to do business as a surety in the State of Colorado in a form acceptable to the City and County of Denver. This bond will guarantee faithful performance of the general terms and conditions of said license and shall remain in effect during the term of the license.
 
 

Confidentiality of Records

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All documents submitted by every proposer shall be subject to the Colorado Open Records Act (C.R.S. 24-72-201 through 205).
 
 

Conflict of Interest

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It is the intent of the City and County of Denver that its officials and employees adhere to high levels of ethical conduct so that the public will have confidence that persons in positions of public responsibility are acting for the benefit of the public.

Therefore, proposer’s attention is drawn to the Denver Revised Municipal Code, Article IV, relating to Ethics and Financial Disclosure. The Article is attached as Exhibit D of this Request for Proposals.
 
 

Disclosure of Principals

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Pursuant to Section 20-69 of the Denver Revised Municipal Code, and Ordinance 155, Series of 1025, all contracts for professional or personal services which will exceed twenty-five thousand dollars ($25,000.00); all proposals for use of real property of or by the City, the duration of which is one year or longer and which exceeds twenty-five thousand dollars ($25,000.00) in revenue or cost; and all proposals for concession agreements for the use of City facilities or property must be accompanied by a separate detachable page setting forth the following information:

  1. the names of any officer, director, owner or principal of the business entity, including the identity of any shareholder who owns or controls 5% or more of the business entity, and either 1) the names of his or her spouse, and children under eighteen years of age; or 2) a statement that he or she or his or her spouse, or children, if any, under the age of eighteen have or have not made a contribution, as defined in D.R.M.C. 15-32, during the last five years and identifying by name himself or herself or any spouse or child under the age of eighteen who has made such a contribution or contribution in-kind to a candidate.
  2. the name of any subcontractors or suppliers whose share of the bid exceeds $100,000.00 of the contract or formal bid amount; and
  3. the names of any unions with which the proposer has a collective bargaining agreement.

See the following Exhibit D for a form, which may be used for such proposer disclosure.

The information required in (1) above must be provided at the time of proposal submittal, and the information required in (2) and (3) must be submitted in a timely fashion prior to award.

Failure to provide the required information in a timely fashion shall render any bid or proposal to which D.R.M.C. 20-69 applies non-responsive.

While a bidder or proposer who has already disclosed such information need not provide such information with a second or subsequent bid or proposal unless such information has changed, it shall be the responsibility of each such bidder or proposer to verify that such information is still current as of the date of such subsequent bid or proposal and is in fact on file with the City Clerk. Failure to provide or update the required information in a timely fashion shall render any bid to which D.R.M.C. 20-69 applies non-responsive.
 
 

Hold Harmless

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The successful proposer shall defend, indemnify and hold harmless the City and County of Denver from any and all claims which may be made against the City by any person for personal injury or property damage resulting directly or indirectly from any act, incident, or accident occurring in, upon, or about the premises as a result of the acts, errors, or omissions of the successful proposer or its agents, or arising in connection with operations, use, or occupancy of the premises by the successful proposer. The successful proposer further agrees to waive all claims against the City on account of any loss, damage, or injury from whatever cause which may occur to it or its property in the construction, use, or occupancy of the TGC, the giving of this waiver being one of the considerations upon which a contract is granted. The proposer also agrees to reimburse the City for any damage to City property as a result of the acts, errors, or omissions by the successful proposer or its agents during the proposers use and occupancy of the premises. It is agreed the successful proposer assumes all risk of loss or damage to its own property, and, specifically, releases the City from all claims on account of loss or damage thereto. The successful proposer further specifically releases the City from all claims on account of construction or manufacturing delays.
 
 

Proposer Responsibility

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Should a proposer find a discrepancy, or discrepancies in, or omissions in this RFP, or any drawings or schematics relating thereto, or should a proposer be in doubt as to their meaning, proposer shall at once notify in writing the Manager of Parks and Recreation, and the City will then provide any necessary clarifications or addenda. The City will not be responsible for any oral instructions or interpretations given by or to anyone. Proposers are expected to familiarize themselves with TGC, and if applicable, mechanical, electrical, plumbing, fire protection, and base building details in connection with the operation. Any person, firm, entity, joint venture, or corporation desiring to submit a proposal for the project shall examine this RFP document, schematics, and other materials and shall judge for themselves all the circumstances and conditions affecting their proposal. Failure on the part of any proposer to make such thorough examination or to investigate thoroughly the conditions of the proposal shall not be grounds for a declaration that the successful proposer did not understand the proposal package. Proposals shall be disqualified by the City if the proposer is in default or past due under any previous or existing agreement with the City or if any unresolved monetary claims by the City exist against the proposer or if proposer is unable to show evidence of financial capabilities.
 
 

Proposal Submittal

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All proposers must submit questions or comments concerning the project in writing. All questions and comments must be received no later than _________________, 2002. Address questions and comments to:
 

Charles Robertson, Deputy Manager

Department of Parks and Recreation

City and County of Denver

2300 15th Street, Suite 400

Denver, Colorado 80202

Voice: 303-984-2580

Fax: 303-984-1321

 

The City reserves the right to extend the proposal submittal date if needed. It is the responsibility of each proposer to be properly recorded as a proposer of record with the Parks and Recreation Department for purposes of receiving clarifications, addenda, or other pertinent information. All changes and/or clarifications will be distributed to all proposers of record in the form of addenda.

Copies of this RFP
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The City and County of Denver will made available for pick-up one (1) copy of the Request for Proposals Document to each proposer. A copy of this "Request for Proposals" is in the City and County of Denver’s web site at "www.infodenver.denver.co.us."
 
 
 
Communications - Fax
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Proposers are encouraged to fax any questions or comments they may have about this RFP to the above fax number. All questions and answers will be faxed to each proposer who attends the ___________ __, 2002, pre-proposal conference. All questions or comments must be written and submitted via fax.
 
 

Evaluation Process

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On ____________, 2002, the Parks and Recreation Department will complete a preliminary review of all proposals and reject or disqualify those proposals that are deemed non-responsive according to the terms of this Request for Proposals.

The selection committee may then select those proposals which, in its sole judgment, qualify as finalists. The selection committee may request that the finalists make an oral presentation to the committee. The City will not be responsible for any expenses incurred by proposers in the preparation or presentation of any proposal.

In the event, the City desires additional information or clarification regarding any proposal; it may request such information from the successful proposer or, at its option, elect to interview one or more of the proposers.

The selection of firms to be interviewed will be based on each proposer written response to this Request for Proposals document; any verbal communications between the proposer and the City will not have an impact on the select process. The Manager of Parks and Recreation may decide not to interview any of the proposers. The City will only conduct interviews, as it deems necessary.
 
 

Preliminary Evaluation Timetable

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Dates                                                                                                                                        
__/__/2002 The TGC "RFP Notice" will be advertised locally and nationally;
__/__/2002 The TGC "RFP Notice" will be broadcast faxed;
__/__/2002 The TGC "RFP Notice" will be loaded into the Internet site;
__/__/2002 The TGC "Request for Proposals" documents will be made available to proposers;
__/__/2002 A pre-proposal conference will be held at the Parks and Recreation Department;
__/__/2002 All questions and comments must be submitted to the Parks Department on or before this date;
__/__/2002 TGC proposals must be submitted to the Parks Department;
__/__/2002 The Parks Department will notify the finalists and schedule oral presentations;
__/__/2002 The finalists will present their oral presentations;
__/__/2002 The Parks Department will notify the apparent successful proposer, and negotiate the terms of a contract;
__/__/2002 The Parks Department will secure City Council approval.
 

Rejection or Disqualification of Proposer

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  • Failure to provide complete documentation as required;
  • Evidence of collusion;
  • Default or termination of other contracts;
  • An apparent lack of ability to operate as proposed;
  • Omissions or fraudulent statements;
  • Outstanding debts to the City and County of Denver;
  • Other issues as deemed relevant by the Manager of Parks and Recreation;
  • City and County of Denver reserve the right to reject or disqualify any and all proposals.

 

Minimum Qualifications

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  • Each proposer and/or their team members must have experience in the management of a retail and professional golf operations;
  • Each proposer must provide evidence of their ability to secure any and all required licenses;
  • Each proposer must employ a "P.G.A." certified pro to manage golf operations;
  • Each proposer must provide evidence of their ability to secure all necessary financing.

Proposal Surety

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Each successful proposer must submit to the City with their proposal a proposal surety payable to the City and County of Denver in the amount of ten thousand dollars ($10,000)) in one of the following forms:

1. Cashiers Check;

2. Irrevocable Letter of Credit. The City’s sample format of an Irrevocable Letter of Credit is attached as Exhibit F;

3. Proposal Bond.

Proposal bonds are required as a guarantee that the successful proposer will execute a formal Agreement with the City and County of Denver.

The proposal bond of the successful proposer will be held to guarantee execution of an Agreement and the furnishing of a faithful performance bond. The proposal surety may be retained by the City and County of Denver as liquidated damages in the event that the successful proposer fails to execute an Agreement or to furnish said faithful performance bond. The proposal bond will be returned to the successful proposer after execution of an Agreement and delivery of said Performance Bond.

Return of Surety

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Each unsuccessful proposer’s ten thousand dollars ($10,000) proposal surety (bond, certified check, or irrevocable letter of credit) will be returned within ten (10) business days of the execution of a concession agreement with the successful proposer.

If no award has been made within one hundred and sixty (160) days after the proposal submittal date, upon written request of proposer, their proposal bonds or certified checks will be returned provided that the proposer has not been notified of acceptance of their proposal.
 
 

Evaluation Criteria

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The TGC concession will be awarded to the successful proposer who demonstrates the greatest capability to finance, and manage a first-class retail and professional golf operation. The basis for award includes, but is not limited to the following criteria:

Each Proposers
Economic Pro forma                                                          20%
Financial condition and capability                                     40%
Experience; team make-up and general reputation             25%
Management plans                                                             15%
                                 TOTAL                                          100%

The Manager of Parks and Recreation reserves the right to reject all or portions of any or all proposals, to waive irregularities and technicalities, to re-advertise or to proceed to provide the services otherwise in the best interest of the City and County of Denver. The Manager of Parks and Recreation may, at her sole discretion, modify or amend any and all provisions herein.
 
 

License Execution Process

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The proposer will be required to properly execute a retail and professional golf operations concession license in a form acceptable to the Attorney for the City and County of Denver.
 
 

Exhibits List

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A.   Concession License Terms and Conditions;
B.   City Smoking Policy;
C.   Revenue History;
D.   Ethics and Financial Disclosure Code;
E.   Certificate of Business Insurance;
F.   Irrevocable Letter of Credit;
G.  Prevailing Wage Rate Schedule;
H.  Vicinity Maps;
I.   Tobacco Environmental Code;
J.   MOCC - MBE/WBE Documents;
K.  Proposer Disclosure Form.
 
 
 
 

      

 


 

 

 

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September 11, 2001

Concession Relief Programs at international airports.

 



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