HomeMy WebLinkAboutBack-Up DocumentsREQUEST FOR PROPOSALS
(RFP NO. 16-17-011)
FOR
LEASE OF CITY -OWNED WATERFRONT PROPERTY
FOR MARINAS/RESTAURANT/SHIP'S STORE USES
LOCATED AT
VIRGINIA KEY,
MIAMI, FLORIDA
ALSO KNOWN AS
"VIRGINIA KEY MARINA RFP"
CITY OF MIAMI
DEPARTMENT OF REAL ESTATE AND
ASSET MANAGEMENT
ISSUE DATE: FEBRUARY 17, 2017
PROPOSALS DUE DATE: MAY 18, 2017
City of ATiamt
February 17, 2017
Ladies and Gentlemen:
The Department of Real Estate and Asset Management ("DREAM") for the City of Miami
("City") does hereby issue the attached Request for Proposals ("RFP") for the development and
lease of prime waterfront property located in Virginia Key, Miami, Florida. The goal of this RFP
is to create a vibrant recreational marina and restaurant destination with an ancillary ship's store
facility for City residents, guests, and visitors. Please review the details in the RFP below.
As described herein, the vision of this RFP is to help implement major components of the
Virginia Key Master Plan. The Successful Proposer will enter into a long-term lease with the City
for approximately 26.65 acres (including uplands and submerged land) of waterfront property
located at 3301, 3605, 3501, 3311, & 3511 Riekenbacker Causeway, Miami, Florida, and more
specifically shown in the survey and legal description included as Exhibit A ("Property").
The City hereby requests that Proposers submit a proposal package including all of the
items required by this RFP. This RFP contains information regarding the Property, submission
requirements, and selection procedures. Carefully review all enclosed documents. Proposers must
comply with all submission requirements as well as all applicable legal and regulatory requirements
in order to be eligible for consideration. All information and materials submitted will be thoroughly
analyzed and independently verified. The Proposals submitted by each Proposer must present a
definitive and detailed build -out program, completion schedule, financial plan, design, and meet all
requirements of this RFP, to form the basis for evaluation and selection by the City.
Proposals must be received by the Office of the City Clerk (First Floor Counter), City Hall,
3500 Pan American Drive, Miami, Florida 33133, by 2:00 PM, on May 18, 2017. Late or
incomplete proposals will not be considered. A list of all Proposers will be made public the
following day online at a site accessible through the City's Real Estate Opportunities page:
http://www.miamigov.coni/P ublicFaci lities/pages/RealEstateOpportunities/
The Successful Proposer shall be subject to the requirements of all applicable laws,
including, but not limited to, the laws of the State of Florida, Miami -Dade County, and the Charter
and Code of the City. On behalf of the City of Miami Mayor and Commissioners, I welcome
responsive proposals from responsible Proposers that will realize the full potential of this prime
real estate location.
Sincerely,
Daniel J. Alfonso
City Manager
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TABLE OF CONTENTS
I. EXECUTIVE SUMMMARY
II. GENERAL TERMS AND CONDITIONS
III. SPECIAL CONDITIONS
A. PROPOSED PROJECT
B. THE PROPERTY
C. SELECTION PROCESS AND CONTRACT AWARD
D. LEASE
E. BACKGROUND CHECK/DISQUALIFICATION
IV. TECHNICAL SPECIFICATIONS
A. PROPOSAL REQUIREMENTS & FORMAT
B. DEADLINE FOR RECEIPT OF INFORMATION / CLARIFICATION
C. RECEIPT OF RESPONSES
EXHIBITS & APPENDICES
EXHIBIT A LEGAL DESCRIPTION & SURVEY
EXHIBIT B MIAMI 21 ZONING CODE: CS CIVIC SPACE
EXHIBIT C DRAFT LEASE & DEVELOPMENT AGREEMENT
EXHIBIT D VIRGINIA KEY MASTER PLAN
EXHIBIT E ENVIRONMENTAL SITE ASSESSMENTS
EXHIBIT F VIRGINIA KEY MARINA DEEDS
EXHIBIT G COUNTY PARKING GARAGE DEED
EXHIBIT H COASTAL RISK CONSULTING 2016 KING TIDE REPORT
EXHIBIT I CBRE FEASIBILITY STUDY & LAMBERT PEER REVIEW
APPENDIX 1 RFP NO. 16-17-011 CHECKLIST
APPENDIX 2 REGISTRATION FORM
APPENDIX 3 RFP PROPOSAL SUBMISSION FORM
APPENDIX 4 BUSINESS TEAM EXPERIENCE
APPENDIX 5 DEVELOPMENT TEAM EXPERIENCE
APPENDIX 6 ENTITY CERTIFICATE OF AUTHORITY
APPENDIX 7 DISCLOSURE/DISCLAIMER FORM
APPENDIX 8 INSURANCE REQUIREMENTS
APPENDIX 9 CONSENT FORMS
APPENDIX 10 NON -COLLUSION AFFIDAVIT
APPENDIX 1 I DETAILED EVALUATION MATRIX
REQUEST FOR PROPOSALS
VIRGINIA KEY MARINA
(RFP No. 16-17-011)
I. EXECUTIVE SUMMMARY
Project:
Location:
Property Size:
Zoning:
The City is seeking responsive proposals from qualified Proposers willing to plan,
redesign, construct, renovate, redevelop, lease, manage and operate a mixed -use
waterfront facility including, but not limited to, a marina, boatyard, dock master's
office, ship's store, dry storage, wet slip docks, and at least one restaurant
("Project").
3301, 3605, 3501, 3311, & 3511 Rickenbacker Causeway, Miami, Florida, shown
respectively as Parcels 1, 2, and 3 on the survey included herein as Exhibit "A"
('`Property").
Approximately 26.65 acres, including upland and submerged land property. The
submerged land is estimated to be approximately seventeen (17) acres. Additional
submerged land may be available, as specified in Section 111.A.6. below.
Development capacity and program for this site are regulated by the City of Miami
("City") Comprehensive Neighborhood Plan and the Miami 21 Zoning Code. The
applicable zoning designation is CS Civic Space Zone according to the Miami 21
Zoning Code.
Condition of
Property: The Property and its improvements are offered in "AS IS, WHERE IS" condition
by the City. No representations or warranties whatsoever are made as to its
condition, state or characteristics. EXPRESSED WARRANTIES AND
IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE
OR USE AND HABITABILITY ARE HEREBY DISCLAIMED. IMPLIED
WARRANTIES OF MERCHANTABILITY, SUITABILITY, AND/OR
FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY
DISCLAIMED. No representation whatsoever is made as to any environmental,
surface, subsurface, water or soil matter or condition.
Taxes, Impositions: The Successful Proposer is responsible for all taxes, levies, governmental
impositions, surcharges and assessments due or assessed on the Property. The
Successful Proposer shall be required to pay for any survey(s), site plans, permits,
or other application fees required for the implementation of the Project. The
Successful Proposer shall be responsible for payment in lien of taxes ("PILOT")
during the term of the Agreement in the event the Property becomes exempt from
ad valorem real estate taxes.
State Approval:
The City -owned submerged lands included in the Property are subject to a
"Municipal Purpose" deed restriction provided by the State of Florida Board of
Trustees of Internal Improvement Trust Fund ("TIITF"). The TIITF deed is
included in Exhibit "F" of this RFP. As a condition precedent of the Lease, the
City will seek a finding of municipal purpose or (if applicable) a waiver of the deed
restriction for the use of the submerged lands. The Successful Proposer shall bear
all costs, fees, waiver payment fees, and/or any other required payments to the
State in association with the State approval process. The Successful Proposer shall
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County Approval:
Master Plan:
Comprehensive Plan:
Lease:
Lease Term:
fully cooperate in the state approval process, if applicable, as requested by City
and/or the State.
The Property is also subject to certain deed restrictions set forth by Miami -Dade
County. In the event Miami -Dade County requires approval of the site plan or any
other component of the RFP, the Successful Proposer shall be responsible for
pursuing such approvals at its sole cost and expense.
The Miami City Commission has adopted an area -wide Master Plan that sets forth
a global development vision for Virginia Key ("Master Plan"). It is the intent of
this RFP to encourage an integrally planned and designed development for the
Property that is both consistent with, and substantially adheres to, the Master Plan
to the extent permitted by applicable law. Please note that adherence to the Master
Plan does not require adherence to the pictorial design provided therein. Rather,
emphasis shall be made on substantial compliance with the principles adopted in
the Master Plan. The Master Plan is included herein as Exhibit "D".
The Miami City Commission has adopted, pursuant to the requirements of State
and Local Laws, the Miami Comprehensive Neighborhood Plan ("MCNP"), as
amended. The Future Land Use Map ("FLUM") of the MCNP classifies this
Property as Public Parks and Recreation.
A lease agreement substantially in the form included herein as Exhibit "C"
("Lease") shall be executed following the award of this RFP. Certain provisions of
the Lease shall remain non-negotiable, including, but not limited to, items
specifically required by this RFP, as well as Indemnification, Hold Harmless, Duty
to defend, Insurance, and Guarantees. Please note that the form lease included as
Exhibit "C" is a draft that will be revised to reflect all of the requirements specified
in this RFP as finally negotiated between the parties, subject to review and
approval by the Office of the City Attorney. Where the terms of the form Lease
included as Exhibit "C" are in conflict with the terms contained in this RFP, the
terms of this RFP shall govern.
The Lease consists of a forty-five (45) year initial term, with two (2) fifteen (15)
year renewal terms. The cumulative term, inclusive of both renewals, may not
exceed a total of seventy-five (75) years ("Lease Term"). The Project shall be
planned in a contiguous manner, although there may be a phased delivery of
possession. The Lease Term shall commence upon execution of the Lease.
Subsequent phases of the lease shall run concurrently with the initial phase.
Rent
Requirements: RFP Proposals shall include a minimum base rent equal to or greater than Two
Million One Hundred and Fifty Thousand Dollars ($2,150,000) annually ("Base
Rent"). Commencing on the first anniversary of the Effective Date of the Lease
and on each anniversary thereafter during the Initial Term, the per annum Base
Rent amount shall be adjusted to the greater of: an increase by one percent (1%)
of the previous year's Base Rent,. or an increase based on the amount indicated by
the Consumer Price Index as of three (3) months prior to the beginning of the
applicable adjustment date. In no event shall any such annual adjustment to the
Base Rent result in an increase that is less than one percent (1%), or more than
Five Percent (5%), of the Base Rent amount immediately prior to the effective date
of such adjustment.
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Additionally, Proposals must provide that the City shall receive a percentage rent
equal to or greater than six percent (6%) of wet slip and dry storage operations, six
percent (6%) of fuel sales, and four percent (4%) sublease income or other income
received by Successful Proposer from the Project (`Participation Rent").
Additional rent may be applicable, as negotiated and specified in the Lease.
Parking Contribution: Successful Proposer shall contribute a minimum of Three Million Four Hundred
and Fifty Thousand Dollars ($3,450,000.00) to the construction of an adjacent
municipal parking garage. Actual contribution amount shall be based on the
Parking Formula, as defined below. Alternative arrangements for parking are
available, including the potential waiver of the above -mentioned parking
contribution, subject to additional restrictions specified below.
Earnest Money
Deposit: The Successful Proposer shall provide an irrevocable/unconditional Cashier's
Check, drawn on a financial institution authorized to do business in Florida (or
may do the same by wire transfer or shall provide proof the below amount has been
deposited into a restricted escrow account), providing for Seven Million Dollars
($7,000,000), which shall be due upon execution of the Lease. Letters of credit will
not be accepted as a substitute security.
Referendum Deposit: Section 3(f)(iii) and 29-B of the Charter of the City of Miami requires that any
lease that the City Commission approves pursuant to this RFP shall not be valid
unless approved by public vote through a referendum process ("Referendum"),
currently scheduled for November 7, 2017. The Successful Proposer shall pay a
One Hundred and Twenty -Five Thousand Dollars ($125,000.00) deposit in order
to place the lease terms on the ballot for approval (`Referendum Deposit"). After
receiving approval by the City Commission, any unused portion of the Referendum
Deposit, after deducting all costs for the Referendum, shall be returned to the
Successful Proposer. In the event additional funds are required to place the
question on the ballot (i.e., to account for increased costs of printing or other costs
imposed), the Successful Proposer shall be required to promptly pay the additional
funds to the City within ten (10) days' written notice. Failure to do so will
disqualify the Proposer from further consideration. Letters of credit will not be
accepted as a substitute security.
Wet & Dry Storage:
Access Road:
The marina shall provide the most efficient and cost effective number and size of
dry storage racks and wet slips in light of market conditions as well as all RFP
requirements. The size and number of all wet slips shall be subject to all applicable
laws, rules and regulations, including, but not limited to, permitting, aquatic
preserve limitations, and other regulatory requirements. No wet slips shall be
allowed in the historically -designated marine basin other than those reasonably
necessary for the launching and staging of vessels from the dry storage facility, as
further clarified below.
The Successful Proposer shall either: (1) preserve and maintain the access road
indicated as Parcel 2 in the survey attached as Exhibit "A"; or (2) provide for and
construct, subject to applicable permits and other regulatory approvals, an
alternative access road in a substantially similar vicinity as that indicated as Parcel
2 in the survey attached as Exhibit "A". The public, including the agents,
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Public Boat Ramp:
Boat Show:
Registration Fee:
Proposer Entity:
Background Check:
Pre -Proposal
Conference and
Site Visit:
Registration Contact:
employees, and invitees of the adjacent Rusty Pelican Restaurant, shall be freely
afforded and granted access to, over, and across the above -mentioned access road.
The Successful Proposer shall be required to plan, design, permit and construct a
public boat ramp and floating dock on the Property to the northwest of Miami
Marine Stadium as an additional component of the Virginia Key Master Plan.
The Successful Proposer shall allow the National Marine Manufacturer's
Association ("NMMA") boat show event ("Boat Show") access and use of a
portion of the Property, annually during the seven (7) days of the Boat Show,
customarily held at or around President's Day weekend. The Successful Proposer
shall also accommodate the Boat Show during the three (3) week set up period and
the two (2) week tear down period for a total not to exceed six (6) weeks. This
restriction shall be coterminous with the Lease for as long as the Boat Show is held
at Virginia Key, even if the Boat Show is held elsewhere but later returns to
Virginia Key during the Lease Term.
Only those Proposers who have registered as Registered Vendors, as specified
below, can participate. For registration as an official Proposer prior to proposal
submittal, and to receive a complete RFP package and RFP addenda as they are
published, Proposers must submit a non-refundable fee of One Hundred and Fifty
Dollars ($150.00), in the form of a cashier's check, money order, or official
certified bank check, payable to the "City of Miami", delivered to the Registration
Contact specified below ("Registration Fee").
At the time of submission of the Proposals, the Proposer must be a business entity
(i.e., Partnership, Limited Liability Company, Corporation, etc.) already
authorized to do business in the State of Florida, Miami -Dade County and the City
of Miami under the Proposer entity's legal name. Any principal(s) included in
Appendix 3 ("RFP Proposal Submission Form") may not be substituted or
withdrawn from participation after the Submission Date unless the City Manager
specifically authorizes in writing a request for substitution.
Each Proposer, including the principals thereof, and/or its assigns, shall be subject
to a background and credit cheek, which may be necessary to determine
responsibility and responsiveness to all items required by this RFP.
The City may conduct a Pre -Proposal Submission Conference and Site Visit on a
date and time that is yet to be determined. In the event of such Conference, notice
of the date, time, and location shall be posted via Addendum at the following
website: www.virginiakeymarinarfp.com, and sent to all Registered Proposers via
email.
Kimberly Balkus
CBRE I Public Institutions
200 East Las Olas Blvd., Suite 1620
Fort Lauderdale, Florida 33301
T: (954) 331-1776
E: kimberly.balkus@cbre.com
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Project Manager:
Proposal Due Date
and Location:
Jacqueline Lorenzo
City of Miami I Department of Real Estate and Asset Management
444 SW 2nd Avenue, 3rd Floor
Miami, Florida 33130
T: (305) 416-1426
E: jlorenzo@a,miamigov.com
May 18, 2017, 2:00 P.M.
Office of the City Clerk, City of Miami City Hall
3500 Pan American Drive, First Floor Counter
Miami, FL 33133
II. GENERAL TERMS AND CONDITIONS
A. Definitions
L Proposal — shall refer to any offer(s) submitted in response to this solicitation.
2. Proposer — shall refer to anyone submitting a Proposal in response to this solicitation.
3. Solicitation— shall mean this solicitation documentation, including any and all addenda.
4. Solicitation Submittal Forms — must be completed and submitted with the Proposal.
5. City — shall refer to the City of Miami, Florida
6. DREAM — shall refer to City of Miami Department of Real Estate and Asset Management.
7. Registered Proposer — shall refer to a firm that has submitted a complete Registration Form.
8. Successful Proposer — shall mean the Proposer(s) recommended for award.
B. Instruction to Proposers
1. Proposer Qualification and Registration
It is the policy of the City to encourage full and open competition among all available qualified
Proposers. Proposers must register as a Registered Proposer by submitting a completed
Registration Form and providing a fee of One Hundred and Fifty Dollars ($150.00) in the form
of a cashier's check, money order, or official bank check, payable to the "City of Miami".
2. Public Entity Crimes
To be eligible for award of a contract, firms wishing to do business with the City must comply
with Section 287.133(2)(a) of the Florida Statutes, which provides that a person or affiliate who
has been placed on the convicted vendor list following a conviction for a public entity crime
may not submit a Proposal on a contract to provide any goods or services to a public entity,
may not submit a Proposal on a contract with a public entity for the construction or repair of a
public building or public work, may not submit Proposals on leases of real property to a public
entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in Section 287.017 of the Florida
Statutes, for CATEGORY TWO, as defined by Section 287.017(2) of the Florida Statutes, for
a period of thirty-six (36) months from the date of being placed on the convicted vendor List.
3. Request for Additional Information
Cone of Silence: Pursuant to Section 18-74 of the City Code, all Solicitations, once
advertised and until an award recommendation has been forwarded to the appropriate
authority, are under the "Cone of Silence". Any communication or inquiries, except
for clarification of process or procedure already contained in the Solicitation, are to be
made in writing to the attention of the Project Manager identified in the Solicitation
with a copy sent to Lee Ann Korst I CBRE at leeann.korst@cbre.com and to the City
Clerk either via email at clerksmiamigov.com or via mail at Office of the City Clerk,
Attn: Todd B. Hannon, 3500 Pan American Drive, First Floor, Miami, Florida 33133.
11. Addenda: DREAM may issue an addendum in response to any inquiry received prior
to Proposal receipt and opening that changes, adds to, or clarifies the terms, provisions
or requirements of the Solicitation. The Proposer should not rely on any representation,
statement or explanation whether written or verbal, other than those made in this
Solicitation or in any addenda issued. Where there appears to be a conflict between
this Solicitation and any addenda, the last addendum issued shall prevail. It is the
Proposer's responsibility to ensure receipt of all addenda, and any accompanying
documentation.
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4. Solicitation and Proposers' Responsibilities
It is the responsibility of the Proposer to become thoroughly familiar with the requirements,
terms, and conditions of this Solicitation. Allegations or pleas of ignorance by the Proposer of
conditions that exist or that may exist will not be accepted as a basis for varying the
requirements of the City, or the compensation to be paid by the Proposer. This Solicitation is
subject to all legal requirements contained in the applicable City Charter and City Code
provisions, as well as all applicable County, State, and Federal laws, rules, and regulations. It
is the responsibility of the Proposer, prior to conducting any lobbying regarding this
Solicitation to file the appropriate form with the City Clerk stating that a particular lobbyist is
authorized to represent the Proposer. The Proposer shall also file a form with the City Clerk at
the point in time at which a lobbyist is no longer authorized to represent said Proposer. Failure
of a Proposer to file the appropriate form required, in relation to each Solicitation, may be
considered as evidence that the Proposer is not a responsible contractor.
5. Change or Withdrawal of Proposals
1. Changes: Prior to the scheduled Proposal receipt and opening, a Proposer may change
its Proposal by submitting a new Proposal. Other than scrivener's errors or other non-
material errors that serve the City's best interest once revised, no changes to a Proposal
will be accepted after the submission deadline.
ii. Withdrawals: A Proposal shall be irrevocable unless the Proposal is withdrawn as
provided herein. A Proposal may be withdrawn within ninety (90) days after the
Proposal has been received and opened and prior to award, by submitting a letter to the
Project Manager identified in this Solicitation. The withdrawal letter must be on
company letterhead and signed by an authorized agent of the Proposer. Proposals may
not be withdrawn except as expressly provided in this Section II.B.5.ii.
6. Conflicts within Solicitation
Provisions contained herein will be interpreted in a manner consistent with all other provisions.
However, where there exists a conflict between the General Terms and Conditions, Special
Conditions, the Technical Specifications, or any addendum issued, the order of precedence
shall be: the last addendum issued, the Technical Specifications, the Special Conditions, and
then the General Terms and Conditions. Additionally, the provisions of this solicitation shall
govern over all agreements to be negotiated with Proposer pursuant to this solicitation. In the
event of a conflict between any draft agreement included as an exhibit, attachment, or appendix
and the terms of this solicitation, the terms of this solicitation shall govern.
C. Preparation of Proposals
1. Registration Form — Proposers are required to register in the manner indicated in the
Registration Fee Section of the Executive Summary, in order to respond to solicitations issued
by DREAM.
2. Submittal Forms — the Proposal Submission Form and all other required solicitation
documents define requirements of the Solicitation, and must be completed and submitted as
outlined within the Solicitation. Use of another form may result in rejection of the Proposal.
3. Authorized Agent — An authorized agent of the Proposer's firm must sign the Proposal
Submission Form and submit it together with the Proposal.
4. Conditions — The Proposer may be considered non -responsive if Proposals are conditioned to
modifications, changes, or revisions to the terms and conditions of this Solicitation.
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5. Additional/Alternate Proposals — Proposers may submit an additional or alternate Proposal(s)
for the same Solicitation provided that such additional or alternate Proposal is allowable under
the terms and conditions specified in this RFP. The additional or alternate Proposal must meet
or exceed minimum requirements and must be submitted by separate submittal marked
"Alternate Proposal". All Proposals submitted as Alternate Proposals shall be considered
separately and independently of each other. Additional or alternate Proposals shall not deviate
from the requirements of this RFP. Failure to comply with the requirements of this RFP in any
one of the additional or alternate Proposals shall be grounds for disqualification of such
Alternate Proposal.
6. Price Discrepancies — where there is a discrepancy between the prices offered within the
Proposal, the prices or amounts that would provide the greatest return to the City shall prevail.
D. Cancellation of Solicitation
The City reserves the right to cancel, in whole or in part, any Solicitation when it is in the best interest
of the City. The City shall have the sole and absolute discretion to determine which actions are in the
best interest of the City.
E. Award of Solicitation
1. Generally — This RFP may be awarded to the responsible Proposer meeting all requirements
as set forth in the Solicitation. The City reserves the right to reject any and all Proposals, to
waive irregularities or technicalities and to re -advertise for all or any part of this Solicitation
as deemed in its best interest. The City shall be the sole judge of its best interest.
2. Unreasonable Offers — The City expressly reserves the right to reject any and all Proposals if
it is determined that prices are insufficient, best offers are determined to be unreasonable, or it
is otherwise determined to be in the City's best interest to do so.
3. Negotiations — The City reserves the right to negotiate price with the Proposer providing the
best financial return to the City, provided that the Solicitation's scope of work and/or minimum
requirements, including rent, remains the same or revised for the City's benefit (such as
increased rent).
4. Qualified Proposers — Award of this Solicitation will only be made to firms that have
completed the Registration Form and satisfy all necessary legal requirements to do business
with the City.
5. Contractor Responsibility — Pursuant to City Code Section 18-120, the Proposer's
performance as a prime contractor or subcontractor (as may be applicable) on previous City
contracts shall be taken into account in evaluating the Proposal received for this Solicitation.
6. Award Information — To obtain a copy of the evaluation scores, upon notice of Award
Recommendation, Proposer(s) may request the scoring sheets or other award information by
contacting the Project Manager outlined within the Solicitation.
7. Contract — The Solicitation, any addenda thereto, the subsequent agreement(s), and any
properly executed modifications shall constitute the resultant contract.
8. Required Documentation — Award of this Solicitation may be predicated on compliance with
and submittal of all required documents as stipulated in the Solicitation.
9. Request for Additional Information — The City reserves the right to request and evaluate
additional information from Proposers after the submission deadline as the City deems
necessary.
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F. Proposal Security
A cashier's or certified check, payable to the City of Miami, or proof a specified amount has been
placed into a restricted escrow account for the benefit of the City is required from all proposers, to the
extent required under "Special Conditions" or "Technical Specifications" ("Proposal Security"). This
Proposal Security guarantees that a Proposer will accept the order or agreement if it is awarded to said
Proposer. Proposer shall forfeit the Proposal Security to the City should City award contract/agreement
to Proposer and Proposer fails to accept the award. The City reserves the right to reject any and all
surety tendered to the City. Proposal Securities are returned to unsuccessful Proposers upon demand
within fifteen (15) days after the award and Successful Proposer's acceptance of award. If ninety (90)
days have passed after the date of the formal Solicitation closing date, and no contract has been
awarded, all Proposal Securities will be returned upon demand.
Failure to execute an agreement and/or file an acceptable Performance Bond, when required, as may
be provided herein, shall be just cause for the annulment of the award and the forfeiture of the Proposal
Security to the City, which forfeiture shall be considered, not as a penalty, but in mitigation of damages
sustained. The amount of the Proposal Security shall be a liquidated sum, which shall be due in full in
the event of default. Award may then be made to the next lowest responsive, responsible Proposer
whose Proposal is most advantageous to the City, or all responses may be rejected.
G. Responsive/Responsible Proposers
Subject to City of Miami Code Sections 18-95 and 18-107, the City shall have reasonable discretion to
deem any Proposal non -responsive and/or Proposer non -responsible (with due consideration of all
relevant extenuating circumstances, including, without limitation, the Proposer's culpability, overall
record of performance, etc.) based on whether the Proposer or any of its members has any actual or
constructive knowledge that Proposer or any of its members: i) are in arrears to the City for any debt
or obligation; ii) have any uncured defaults or have failed to perform under the terms of any agreement
or contract with the City or other government entity within the past ten (10) years; iii) are in default
under any agreement or contract with the City or other government agency or entity on the date and
time the proposal is due; iv) have caused fines, penalties, fees or similar impositions to be levied against
the City or any other governmental entity or agency; v) have any past, present or on -going litigation or
adversarial administrative proceedings with the City or other government agency or entity; vi) have
filed and not prevailed in frivolous lawsuits, as that term is defined by Section 57.105 of the Florida
Statutes as determined by a final order of the court; vii) have past, present, or pending involuntary;
bankruptcies, liquidations, assignments for the benefit of creditors, receiverships, dissolutions, actions
involving fraudulent transfers, foreclosures, or similar actions within the past seven (7) years on
projects or businesses they have owned, operated, or controlled a majority interest (i.e., ownership of
ten percent (10%) or more of the entity stock or shares); viii) have been found liable by any legal or
administrative entity via any proceedings for environmental damage, contamination or any other
environmental liability; ix) have failed to disclose involvement as a party, third party, or intervenor in
any legal or administrative proceedings concerning environmental damage, contamination or any other
environmental liabilities, whether found liable or otherwise; x) have been debarred by any public
agency or been placed in the convicted vendors list pursuant to Florida Statute Section 287.133 or a
similar law, rule, or regulation; xi) have failed to disclose any of the above; or xii) are otherwise
determined to be non -responsible as defined by the City of Miami Procurement Ordinance, including,
without limitation, Sections 18-73 and 18-95 of the City Code, and by the laws of the State of Florida.
Similarly, any Proposer, or its principal(s) that is determined by a court, hearing officer, or other
regulatory agency of competent jurisdiction (and all due process of law has been exhausted) to be liable
for causing damage (by their own actions) to the City, its agencies or instrumentalities, directly or
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indirectly, shall be immediately responsible for payment of the judgment or fines. If the Proposer or its
principal does not pav the judgment or lines, within thirty (30) days after the date of the City's written
notice (which shall not be effective until after due process of law has been exhausted), either during the
solicitation process or anytime during the term of any agreement awarded pursuant to this Solicitation,
the City shall have discretion to immediately disqualify the Proposer and terminate any agreement
entered into pursuant to this RFP, with no other cure rights. In such event, the City shall immediately
own any improvements built on the Property, with no responsibility, financial or otherwise, to the
Proposer.
H. Bid Protest
All bid protests shall be processed in accordance with the procedures contained in Section 18-104 of
the City Code. All of the requirements and procedures specified in Section 18-104 shall be mandatory
in order to properly file and proceed with a bid protest. Section 18-104, as the same may be amended,
shall be deemed as incorporated by reference herein as if set forth in full.
I. Laws and Regulations
The Successful Proposer shall comply with all applicable laws, codes, rules, permits, approvals, and
regulations applicable to enter into the agreement specified in this Solicitation. The Successful Proposer
shall comply with all applicable federal, state and local laws that may affect the execution of the
agreement.
J. Licenses, Permits, and Fees
The Successful Proposer(s) shall hold all licenses and/or certifications, obtain and pay for all permits
and/or inspections, and comply with all laws, ordinances, regulations and building code requirements
applicable to the agreement required herein. Damages, penalties, and/or fines imposed on the City or
Successful Proposer for failure to obtain and maintain required licenses, certifications, permits and/or
inspections shall be borne by said Successful Proposer.
K. Responsible Wages; Living Wage
The Successful Proposer(s) shall comply with Section 18-120 of the City Code, titled Responsible
Wage Construction Contracts, to the extent applicable to any development on City -owned property.
Enforcement of this ordinance may require the Successful Proposer to furnish the City with a
monitoring fee and may require the submission of a percentage of the construction cost into an escrow
account. Additionally, the Successful Proposer(s) shall comply with Section 18-556, et. seq. of the City
Code, titled Living Wages, to the extent applicable.
L. Local Workforce Participation
The Successful Proposer shall include a minimum of forty percent (40%) local workforce from Miami -
Dade County, of which twenty-five percent (25%) must be City residents, for the construction of the
Project. In the event that the Successful Proposer cannot meet the required twenty-five percent (25%)
of workforce from City residents, the Successful Proposer shall document and demonstrate to the City
that they have utilized their best efforts to achieve this goal. Upon receipt of such documentation, the
City may direct the Successful Proposer to achieve the portion of the percentage not met, through
Miami -Dade County residents. The Successful Proposer shall have a third party independently verify
and certify compliance with these requirements on a monthly basis. Said third party shall be unaffiliated
with the Successful Proposer and shall be properly licensed under the provisions of Florida Statute
Chapter 454, 471, 473, or 481. The person performing the verification shall have a minimum of two
(2) years of prior professional experience in contract compliance, auditing, personnel administration,
or field experience in payroll enforcement or investigative environment. The cost of this
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verification/certification shall be included in the related contract costs. Failure to comply with this
requirement shall result in a penalty in an amount to be determined by the City and incorporated into
the Lease.
M. Assignment
Unless otherwise specified in this Solicitation, the Successful Proposer shall not assign, transfer,
pledge, convey, hypothecate, or otherwise dispose of their Proposal, including any rights, title or
interest therein, or its power to execute a contract with the City thereby, to any person, company or
corporation without the prior written consent of the City Commission, which may be conditioned,
withheld, or refused.
N. Indemnification
The Successful Proposer shall indemnify, defend (at its sole cost and expense), save, and hold harmless
the City and its officers, officials, employees, agents, agencies, and instrumentalities from any and all
actions, claims, protests, proceedings, causes of action, legal, equitable, regulatory, administrative or
otherwise, liability, losses or damages, which the City or its officers, employees, agents or
instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of
any kind or nature arising out of, relating to or resulting from the performance, non-performance, or
breach of the agreement by the Successful Proposer, including without limitation the Solicitation,
evaluation, recommendation(s) for award, and award of the Lease, the later possession and Tenancy
and all activities or omissions thereon, the design and construction of all improvements, betterments,
additions and structures, including the maintenance and use thereof, compliance with all applicable
laws, codes, rules and regulations and payment of all debts, expenses, costs, and fees that are the
responsibility of the Proposer as they come due. The Foregoing Indemnity, Hold Harmless and Duty to
Defend shall include the Proposer and/or its employees, agents, servants, partners, principals or
subcontractors, jointly and severally. The Successful Proposer shall pay all claims and losses in
connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature
in the name of the City, where applicable, including appellate proceedings, and shall pay all costs,
judgments, and attorney's fees which may be incurred thereon. The Successful Proposer expressly
understands and agrees that any insurance protection required by this Solicitation or subsequent
agreement, or otherwise provided by the Successful Proposer shall in no way limit the responsibility to
indemnify, keep and save harmless and defend the City or its officers, officials, employees, agents,
agencies, and instrumentalities as herein provided, which duty shall survive the cancellation of the
Lease, as may be applicable. Submittal of a Proposal shall constitute voluntary and knowing
acknowledgment and acceptance of this Indemnification provision, which will become effective upon
submission through selection until such time the Lease is executed, at which point all the
indemnifications provided therein shall apply. This Section will obligate the Successful Proposer to
intervene, indemnify, hold and save harmless, fully cooperate, defend, and assist (at the option of the
City Attorney) in the defense of the City in any protest.
O. Insurance Requirements
Prior to execution of the agreement by the City, the Successful Proposer shall furnish to the City
Certificates(s) of Insurance that indicate that insurance coverage has been obtained which meets the
requirements as set forth by the City. The title and/or number of this Solicitation number must appear
on each certificate. All policies and/or certificate(s) of insurance are subject to the review and approval
by the City's Department of Risk Management prior to approval. The certificate(s) of insurance shall
substantially comply with the insurance requirements listed in Appendix 8. Certificates will indicate
that no modification, lapse, or change in insurance shall be made without thirty (30) days written notice
to the Certificate Holder. If insurance certificates are scheduled to expire during the contractual period,
the Successful Proposer shall be responsible for submitting new or renewed insurance certificate(s) to
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the City at a minimum of ten (10) calendar days in advance of such expiration. The City of Miami
Director of the Department of Risk Management shall have the right to amend or solicit additional
insurance requirements as needed in connection with the construction or management phases of the
Project.
P. Auditor General
The City reserves the right to require the Successful Proposer(s) to submit to an audit by the Auditor
General or other auditor of the City's choosing at the Proposer's expense. The Proposer shall provide
access to all of its records, including access to its designated bank account(s) for this project, which
relate directly or indirectly to the subject agreement at its place of business during regular business
hours. The Proposer shall retain all records pertaining to the agreement and upon request make them
available to the City for three (3) years following expiration of the agreement. Alternatively, the
Successful Proposer may transfer the records to the City throughout the term of the agreement, subject
to the Successful Proposer's maintenance of these records for at least three (3) years after creation of
such records. The Proposer agrees to provide such assistance as may be necessary to facilitate the
review or audit by the City to ensure compliance with applicable accounting and financial standards.
Q. Collusion
Any Proposers interested in bidding on a competitive solicitation for any DREAM project including,
but not limited to, a purchase, lease, permit, concession or management agreement, shall submit the
Non -Collusion Affidavit included herein as Appendix 10 under penalty of perjury. The Non -Collusion
Affidavit provides either that the Proposer is not related to or affiliated with any of the other parties
submitting a Proposal in this Solicitation or identifies all affiliated or related parties that submitted a
Proposal in the Solicitation. The Non -Collusion Affidavit further attests that the Proposer's proposal is
genuine and not sham or collusive or made in the interest or on behalf of any person not therein named,
and that the Proposer has not, directly or indirectly, induced or solicited any other Proposer to put in a
sham proposal, or any other person, firm, or corporation to refrain from proposing, and that the proposer
has not, in any manner, sought by collusion to secure to the proposer an advantage over any other
Proposer. In the event a recommended Proposer identifies related parties in the competitive Solicitation
its Proposal shall be presumed to be collusive and the recommended Proposer shall be ineligible for
award unless that presumption is rebutted. Any person or entity that fails to submit the required affidavit
shall be ineligible for contract award. Failure to provide the Non -Collusion Affidavit with the Proposal
or within five (5) days' request by the City, shall be cause for the contractor to forfeit their Proposal
Security, if applicable.
R. Proprietary/Confidential Information
Proposers are hereby notified that all information submitted as part of, or in support of Proposals, will
be available for public inspection after opening of Proposals, in compliance with Chapter 119 of the
Florida Statutes, as amended. Proposer(s) shall not submit any information in response to this
Solicitation which the Proposer considers to be a trade secret, proprietary or confidential. The
submission of any information to the City in connection with this Solicitation shall be deemed
conclusively to be an affirmative and absolute waiver of any trade secret or other protection, which
would otherwise be available to Proposer (except for those social security numbers and similar private
personal information provided in the Consent Forms included as Appendix 9).
S. Governing Law
This Solicitation and subsequently executed agreement, including appendices, and all matters relating
to the agreement (whether in contract, statute, tort, regulatory, administrative, or otherwise) shall be
governed by, and construed in accordance with, the laws of the State of Florida regardless of the
domicile of any Proposers. Exclusive venue shall be Miami -Dade County. By submitting a proposal
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response, the Proposer knowingly and voluntarily agrees to this choice of applicable law and venue and
to all other requirements of the Proposer in the RFP.
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III. SPECIAL CONDITIONS
A. PROPOSED PROJECT
The information contained in this RFP is published solely for the purpose of inviting Proposers
to consider the Project described herein. Prospective Proposers should perform their own due
diligence investigations, projections and render their own conclusions without reliance upon the
Pre -Proposal Submission Conference or the material contained herein.
1. Project Goals
The City wishes to redevelop the Property into a mixed use waterfront Marina, providing
first-class services to tourists and residents alike. The Project shall combine the two marinas
presently on the Property in order to create a unified destination within the City. This RFP
seeks to identify the proposal deemed most advantageous to the City, taking into
consideration the evaluation criteria listed in Section III.C.2. below as well as the following
objectives and guidelines:
a. Economic Objectives
• Increase financial return to the City;
• Improve revenue -producing capacity of facilities;
• Ensure that any proposed ancillary or complementary uses further enhance the
destination market appeal;
• Utilize the available Property to maximize its economic potential subject to the
restrictions set forth in this RFP.
b. Planning & Land Use Objectives
• Attract residents and visitors to the public waterfront so that they may enjoy
Biscayne Bay and the maritime setting of Virginia Key;
• Convert the existing facilities into a modern world -class facility using state-of-the-
art technology and include ancillary uses that complement the Property's setting
and geographical location, aimed to stimulate public use of, and widespread
interest in, the Property;
• Provide for the development of a mixed -use marina and waterfront destination,
portraying a unified and integrated marina that seamlessly interacts with adjacent
restaurants and facilities;
• Allow for easy access to and throughout the Property, including the development
of a full -width bay walk that matches the design east of Marine Stadium, and
provides seamless connectivity from Marine Stadium to the existing Rusty Pelican
restaurant (consistent with Miami 21);
• Promote various active public uses of the site that will enhance the overall public
benefit derived from the Property in terms of use, visibility, environmental
protection, and financial return;
■ Proposers should consider developing and operating the Project at varying price -
points, incorporating, for example, an element of casual waterfront dining, in order
to increase public accessibility of the Project;
■ Preserve critical and sensitive wildlife areas;
• Provide facilities that represent flexible designs and iconic attention -grabbing
buildings that function year-round for daily and nightly activities;
• Maintain harmony between the design and architecture of the new structures and
the iconic architecture of the Miami Marine Stadium;
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• Develop an array of recreational waterfront uses operated by management
experienced in waterfront programming in order to attract increasing and varied
segments of the local, regional and visitor population;
• Develop the Project with considerations made for anticipated sea level rise using
the USACE High or NOAA High curve calculator for sea level rise projections.
c. Urban Design Principles & Guidelines
• Use of the Virginia Key Master Plan principles as a guideline for proposed
improvements and the Project's architectural/landscape features;
• Emphasis on public access throughout the Property, with safe pedestrian
connections and ease of access between the facilities and the surrounding areas;
• Improve Marina access points with aesthetically attractive buffering features
through hardscape or softscape elements;
• Utility infrastructures shall be placed underground or within chases below grade,
where feasible;
• Creative use of roadway lighting and distinctive exterior lighting is encouraged;
• Provide roadway and decorative lighting that has minimal or no impact on the
historic basin and environment;
• Incorporation of pedestrian -scale decorative lighting, as well as low-level path and
landscape accent lighting;
• Architecture and landscape should acknowledge the tropical climate of the region
and contribute to the pedestrian and civic life of the Project;
• Provide optimum views of the bay from the facilities;
• Provide continuous public open spaces that acknowledge the tropical climate of
the region by providing significant landscape design, shade and coverage through
the use of substantial shade trees and specimen palm varieties;
• Adaptability and flexibility to integrate with any future Virginia Key -wide
transportation systems that may be developed;
• Adaptability to increased flooding risks due to sea level rise;
• Building facades should be varied and articulated to invoke visual interest;
• Secondary entries from interior walkways are also encouraged.
2. Virginia Key Master Plan
An area -wide Master Plan has been adopted in principle by the Miami City Commission after
receipt of public input. The Virginia Key Master Plan sets forth a holistic development plan
for Virginia Key. It is the intent of this RFP to encourage an integrally planned and designed
development vision for the Property consistent with and substantially adhering to the Virginia
Key Master Plan to the extent permitted by law. Please note that adherence to the Master
Plan does not require adherence to the pictorial design provided therein. Rather, emphasis
shall be made on substantial compliance with the principles adopted in the Master Plan. The
Virginia Key Master Plan is included herein as Exhibit "D". Additional information
concerning the Virginia Key Master Plan can be obtained from the City's Department of
Planning and Zoning, and can be accessed from the following site;
http://www.miamigov.com/planning/virginiakeymp.htrnl
3. Required Redevelopment
The Successful Proposer shall be required to redevelop the property substantially in the
manner specified below. Additionally, the Successful Proposer shall maintain the Property
in First -Class operating condition. For the purposes of this RFP, "First Class" shall refer to
the use of state-of-the-art or high-grade technology, materials, and services according to
acceptable industry standards and applicable laws. The Successful Proposer shall be
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expected, prior to final approval of the Project plan, and subject to applicable laws (including
permitting requirements and other regulations), to substantially comply with and provide for
the following elements into the final design:
a. Marina Generally
i. Maximize boating access and transient dockage participation reflecting concepts
in the Master Plan, in compliance with applicable laws and regulations;
ii. Reconstruct the two marinas into a unified marina and provide for best utilization
of available space for dry rack storage, wet slips, and/or other uses;
iii. New marina to include all FDOT precast piles equal to or greater than 14" (any
alternative must be equal or better in long term durability and sustainability,
subject to the City's discretion and approval);
iv. Design, refurbish or reconstruct the marina pavement to meet applicable design
criteria for appropriate vehicles and loads to result from the proposed marina use
in visually appealing manner;
v. Should include at minimum MMFX (9100 Classic) rebar in all poured in place
pile caps;
vi. Construction documents shall be subject to "peer review" of electrical and
structural design;
vii. Interior and perimeter walkways shall be a minimum of fourteen (14) ft. width
where there are sufficient uplands to accommodate the 14' width and shall be
the widest reasonably possible where there are insufficient uplands;
viii. Buildings shall be no taller than the crown of the Marine Stadium, and shall not
significantly interfere with the sight lines to the Miami skyline from the Marine
Stadium;
ix. Signage shall be designed to meet compatibility, uniformity and size standards
that do not compete with the architecture of the development, and that comply
with applicable Miami 21 zoning regulations;
x. Marina shall be required to achieve and maintain designation as a "clean and
resilient marina" as administered by FDEP, to the extent applicable;
xi. Design shall incorporate elements of the natural habitat and provide a varied and
plentiful palette of local native plant materials, which are 100% native and
consist of plants that comprise the coastal hammock habitat of Virginia Key;
xii. Mangroves shall be incorporated along the shoreline, where feasible;
xiii. Design shall also take into account the protected natural habitats in the area;
xiv. Proposers shall be required to provide critical wildlife markers, where
applicable;
xv. Development of the Marina shall not impede redevelopment of the Marine
Stadium.
b. Wet Slips
i. Maximize the number of wet slips on site considering market demand, RFP
requirements, and revenue generation;
ii. No dredging beyond maintenance dredging to a uniform depth of eight (8) or
nine (9) feet shall be allowed;
iii. No wet slips will be allowed within the Historic Commodore Ralph Monroe
Marine Stadium Historic Basin (this restriction shall not preclude the Proposer
from maintaining access reasonably necessary to support the upland dry storage
facility, such as launching or staging of vessels, and subject to the requirement
to provide channel markings as specified in Section IIl.A.5 below). A map of
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this area is on file and available from the City of Miami Historic and
Environmental Office in the City Planning and Zoning Department;
iv. Renovate or renew all the bulkheads along the entire wet slip marina, and
maintain the dock/bulkhead wall in good condition for the Lease Term, subject
to applicable rules and regulations;
v. Dock construction shall be concrete docks or aluminum floating docks.
However, one hundred percent (100%) fixed concrete docks are preferred. No
wooden docks shall be permitted;
vi. Docks shall be designed to sustain category two (2) or three (3) hurricane with
boats in the wet slips;
vii. New docks shall include modern dock design, with sufficient voltage, metered
water, and other utility requirements to provide for the proper operation of most
modern boats commensurate with the slip size;
viii. Docks shall be separately metered;
ix. Provide adequate amount of transient dockage for automated storage system;
x. Provide for a public water taxi stop with no restrictions on timing or use;
xi. Provide for small boat, kayak, and sailboat rental concession slips.
c. Dry Boat Storage
i. Maximize the number of dry racks on site in light of market demand, RFP
requirements, and revenue generation;
ii. All dry racks must fit within or around the general area depicted as the footprint
for dry boat storage on the Master Plan;
iii. The dry boat storage facility may not exceed the height limitation (crown of
Marine Stadium) set forth in the Master Plan;
iv. Provide for an automated dry boat storage facility, including boat Valet services
and fueling station.
d. Restaurant & Bar
Major renovations to the restaurant, rather than demolition and development, are at the
option of the Proposer. However, the Successful Proposer must ensure that all
restaurant facilities are in full compliance with all current and applicable local, state
and federal legal, code, regulatory, health, life/safety, licensing requirements including
without limitation, all applicable Americans with Disabilities Act ("ADA")
requirements. Each Proposer may propose to have one or more restaurants on the site.
However, please note that the number of restaurants provided in the Proposal shall not
be considered during evaluation. However, configuration and use of the site, including
placement of restaurants, may be considered in the overall aesthetics and functionality
of the design proposed.
The Successful Proposer shall maintain all restaurants in good condition and repair for
the Lease Term. Additionally, all restaurants shall comply with applicable statutes
concerning retention of tips or payment under Section 207(i) of the Fair Labor
Standards Act.
e. Dock Master's Office
Construct a new, multi -story dock master's office, consolidating the dock master's
facility in both marinas.
f Ship's Store
Incorporate a Ship's Store providing for sale any necessary inventory or supplies to
meet marine vessels' daily requirements such as food, water, cleaning supplies,
medical supplies, safety supplies, spare parts, or any other customary equipment or
supplies needed for the navigation, marine recreation, maintenance, and operation of a
ship.
g•
Fuel Station
i. Construct a new fuel station to be located on a dock in the west end of the
Property;
ii. Construct an additional fuel station in the dry boat storage area as noted above
to provide all valet services necessary for a First Class automated facility;
iii. All fuel stations on site must comply with Spill Prevention, Control, and
Countermeasure (SPCC) regulations, to the extent applicable.
h. Baywalk
Provide a fourteen (14) foot continuous baywalk within the Property boundaries to
serve as a waterfront promenade along the historic basin. This baywalk must conform
with applicable regulatory restrictions and guidelines, including, but not limited to, the
Miami 21 Zoning Code.
i. Access Road
The Successful Proposer shall either: (1) maintain the access road indicated as Parcel
2 in the survey attached as Exhibit "A"; or (2) provide an alternative access road in a
substantially similar vicinity as that indicated as Parcel 2 in the survey attached as
Exhibit "A". The Public, including the agents, employees, and invitees of the adjacent
Rusty Pelican Restaurant, shall be granted access to, over, and across the above -
mentioned access road.
J•
Public Boat Ramp
i. Plan, design, permit and construct a public boat ramp and floating dock, which
shall be located within the Property to the northwest of Miami Marine Stadium
in a similar location to where the existing public boat ramp is currently located;
ii. Provide planning, surveying, demolition, landscape and architectural design
services for the public boat ramp;
iii. Provide construction administration services, including preparation of
construction bid documents, construction monitoring, special inspections and
close-out;
iv. The public boat ramp shall be constructed in accordance with the boat ramp
specifications of the Miami 21 Zoning Code;
v. Parking for the public boat ramp may be provided off site adjacent to the
Property.
All improvements must be constructed at the Successful Proposer's sole cost and expense.
All improvements are to be applied for, permitted, or otherwise approved as required by
applicable laws, codes and regulations by the Successful Proposer or the Successful
Proposer's authorized agents if applicable. However, the City may assist the Successful
Proposer by providing City documentation that may be required for zoning changes, PZAB
hearings, and grant or financing applications, at the City's sole discretion, pursuant to
availability and at no cost to the City.
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In the event the Successful Proposer is unable to develop any portion of the property in the
manner required by this RFP, for reasons outside of their control (such as permit denials,
regulatory denials, City Commission denials, etc.) they shall be allowed to construct the
remaining portions of the Project at the City's sole discretion. In such case the City may
renegotiate a lower minimum annual rent. However, in no event will the City accept a rent
lower than fair market value, as determined by two State -certified appraisers selected by the
City.
Additionally, the Successful Proposer shall publish in a public space a marina waiting list
weekly, indicating use of the marina is open to the public, subject to applicable fees and other
reasonable non-discriminatory criteria, on a first -come first -served basis.
4. Ancillary Facilities
The Successful Proposer may provide additional ancillary facilities and components
consistent with the intent of this RFP and the principles stated in the Virginia Key Master
Plan; such as, for example, a market or other facility ancillary to the Marina. The City shall
have reasonable discretion to determine which ancillary uses are acceptable, subject to
applicable laws, the Master Plan, and applicable restrictive covenants.
5. Virginia Key Marina Basin
The Successful Proposer shall work with the City to design channel markings from the Public
Boat Ramp and Dry Boat Storage facilities that encourage motorized traffic to safely navigate
to and from the basin in a manner that minimizes boat wakes and is respectful of the
environment as well as passive users of the basin.
6. Miami -Dade County Submerged Land
Miami -Dade County is the fee simple owner of the submerged land adjacent to the
Rickenbacker Causeway and Northwest of the RFP Property ("County Submerged Land").
As the Master Plan currently contemplates a potential marina expansion into the County
Submerged Land, this RFP encourages the potential expansion at a later date, subject to all
applicable rules and regulations. Please note that the Miami -Dade County Manatee
Protection Plan delineates certain criteria for expansion; any such expansion shall be subject
to all applicable laws, including the criteria specified therein.
Successful Proposer interested in expanding the marina into the County Submerged Land
shall be required to coordinate with the City and obtain approval for any such expansion prior
to submitting a formal application with the County. Additionally, any application will require
City approval.
For the purposes of this RFP, Proposers should not provide designs for the potential
expansion and shall not be evaluated on such expansion. Nevertheless, this RFP expressly
contemplates and includes the Successful Proposer's right to such an expansion without the
need for a new solicitation process if the Successful Proposer so chooses, subject to County
approval as well as City Commission approval of the precise legal description, scope, design,
construction, rent, fees, schedule, etc. Additionally, the below -specified redevelopment
schedule shall not apply to this expansion, but shall be set by the City Commission upon
approval.
7. Lease
In order to be considered for the award of this RFP, the Successful Proposer must enter into
a lease and development agreement with the City in substantially the form as the Lease
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included herein as Exhibit "C". Additional information concerning the Lease can be found
in Section IILD. below.
8. Term
The Lease consists of a forty-five (45) year initial term, with two (2) fifteen (15) year renewal
terms. The cumulative term, inclusive of both renewals, may not exceed seventy-five (75)
years ("Lease Term"). The Project shall be planned and designated in a contiguous manner,
although there may be a phased construction schedule, and therefore a corresponding phased
delivery of possession. The Lease Term shall commence upon execution of the Lease.
Subsequent phases of the lease shall be coterminous, i.e., run concurrently, with the initial
phase. Please note, however, that rent may be deferred during construction or other
negotiated arrangement subject to the below Section 9, concerning rent,
9. Rent
Per City of Miami Charter Section 3(f)(iii)(B), the City of Miami may only lease waterfront
property on the condition that "the terms of the contract result in a fair return to the City
based on two independent appraisals." Under no circumstance may the City accept a proposal
falling below the fair market value determined by the two appraisals conducted by
independent state -certified appraisers. Nor shall the City accept a proposal falling below the
minimum base rent established herein. The Successful Proposer's project shall be subject to
a second fair market appraisal by two independent appraisers to ensure that the return to the
City is equal to or greater than fair market value as required by the City Charter and Code.
See also the City Charter Section 29-B for related requirements.
The rent shall be inclusive of Base Rent as well as Percentage Rent. Proposals shall include
a stated commitment of annual lease payments to the City in the form of a guaranteed base
rent ("Base Rent") greater than or equal to Two Million One Hundred and Fifty Thousand
Dollars ($2,150,000) annually PLUS a percentage(s) of gross revenues, which shall neither
be adjusted nor otherwise interpreted to mean net of expenses ("Percentage Rent"). The
Percentage Rent must be equal to or greater than six percent (6%) of wet slip and dry storage
operations, six percent (6%) of fuel sales, and four percent (4%) sublease income or other
income received by Successful Proposer from the use of the Property, and any other proposed
lease payments, as well as a stated commitment to adhere to the City Charter requirement for
compensation equal to fair market value.
In order to ensure accurate records of revenues are maintained, the Lease shall provide that
the City shall have continuous electronic access to all banking and credit card deposit
information and have the right to audit occupancy monthly.
Base Rent shall be increased annually by the greater of: one percent (1 %) of the previous
year's Base Rent, or an increase based on the amount indicated by the Consumer Price Index
as of three (3) months prior to the beginning of the applicable adjustment date. In no event
shall any such annual adjustment to the Base Rent result in an increase which is less than one
percent (1%), or more than five percent (5%), of the Base Rent amount immediately prior to
the effective date of such adjustment. Base rent shall be paid monthly in advance
commencing with the Lease Date. Base rent shall be adjusted annually according to the
formula outlined above.
Additional rent may be applicable, as negotiated and specified in the Lease. For instance, the
Successful Proposer may also be required to provide the City with the following rents, based
on the contents of the submitted proposal and subsequent negotiations: (I) rent paid during
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construction ("Construction Rent"), which shall be paid for the appropriate period prior to
Project completion; and/or (2) rent paid to maintain lease and development rights to any
parcels to be developed following the initial phase of development, if phased development is
proposed ("Placeholder Rent").
10. Referendum Requirement
Per Section 3(f)(iii) of the City Charter, the Lease will not be valid until it has been presented
and approved by public referendum. Lease negotiations must be substantially concluded in
time to be considered by the City Commission for placement on the selected election ballot.
The City together with the Successful Proposer may choose to present the Project by
referendum during a scheduled election as a "piggy -back" item (estimated cost of $125,000
currently scheduled for November 7, 2017), or may choose to schedule a special election
(estimated cost of $1,500,000), either of which shall be at the sole cost and expense of the
Successful Proposer.
The Successful Proposer shall be required to submit a One Hundred and Twenty -Five
Thousand -dollar ($125,000.00) deposit for the costs of including the Project as an item on
the ballot ("Referendum Deposit"). The Referendum Deposit shall be paid by the Successful
Proposer upon approval by the City Commission within ten (10) days' notice by the City.
Any portion of the Referendum Deposit that is not used shall be returned to the Successful
Proposer. In the event additional funds are required to place the question on the ballot, the
Successful Proposer shall be required to provide the same to the City within ten (10) days'
notice by the City.
If the voters reject the proposed transaction, the City may, in its sole discretion, elect to work
with the Successful Proposer on a new referendum including negotiating changes to the Lease
and development plan (which are beneficial to the City and which do not reduce the proposed
benefits to the City as stated in the Proposal) or shall have the right to terminate the Project,
In the event of such a termination, the Successful Proposer has no vested rights, commercial,
contractual, or property rights, title or interest in the Property or to the Project, or any claim
upon the City for any expenses incurred in the proposal process, and shall have no recourse
against the City, its agencies, instrumentalities, officials, or employees because of the
rejection by the voters. Notwithstanding the above, the City shall not be precluded from
issuing a new RFP in the event the voters reject the subject Project, or if the Project is
otherwise cancelled.
11. Parking Garage
The Department of Off street Parking d/b/a the Miami Parking Authority ("MPA") operates,
manages, supervises, and directs all municipal parking and municipal parking facilities
within the City of Miami. A municipal parking garage is intended to be built outside the
Property in the area labeled on the survey as "NOT A PART" southwest of Parcel 3 ("MPA
Parking"). A certain number of spaces shall be required for the patrons of the Project and for
the Rusty Pelican restaurant.
The Project parking requirement will depend on the size and scope of the respective Proposal
as indicated in the following formula. The number of required parking spaces for the Project
will be based on four (4) spaces per 1,000 square feet of retail, one (1) parking space per
every five (5) boats of dry or wet storage, and eight (8) spaces for every 1,000 square feet of
restaurant gross area ("Parking Formula"). The Successful Proposer shall be required to
contribute to the Parking Trust Fund up to Fifteen Thousand Dollars ($15,000.00) (estimated
to be approximately 50% of the cost of construction) per each space required for the overall
24
site proposal, as determined using the Parking Formula. Please note that a minimum of 230
parking spaces shall be required for the Project in the event the Parking Formula yields a
required number of spaces less than 230.
Proposers shall have the options listed below regarding the parking garage and contribution.
Regardless of the option selected, on -site parking shall provide for and comply with the
following requirements: (1) on -site parking shall include the required number of spaces for
the Project per the Parking Formula ("Project Parking"); (2) the Rusty Pelican Restaurant
shall be provided with the number of spaces specified in Rusty Pelican's lease agreement
with the City ("Rusty Pelican Parking"), (3) parking shall be available to the public; (4)
Project customers must be provided free parking; (5) and other requirements the City may
specify (collectively the "Parking Requirements").
Option 1: The Successful Proposer shall pay into a project -specific parking trust
fund ("Parking Trust Fund") an amount for construction of the MPA Parking at the
time of Lease execution. The MPA will use the funds contributed to the Parking
Trust Fund to construct the parking facility to accommodate the users of the Project
and the Rusty Pelican restaurant. The garage shall be designed within the
constraints and budget that MPA will specify.
The parking contribution to be paid into the Parking Trust Fund shall be based on
the above Parking Formula. The parking contribution shall be paid by cashier's
check or money order and delivered to the Director of Real Estate & Asset
Management, 444 SW 2nd Avenue, 3rd Floor, Miami, Florida 33130 on or before
execution of the Lease. This parking garage contribution will be deposited into an
escrow account whose designated use shall be applied to the Parking Trust Fund.
The schedule and milestones for construction of the parking garage and retail
spaces by MPA will be developed in conjunction with, and will be compatible
with, the Successful Proposers development plan.
Failure to pay the parking garage contribution fully and timely will be just and fair
cause for the City Commission to cancel or rescind the award to the Successful
Proposer who shall have no recourse against the City, its agencies,
instrumentalities, officials, and employees from such cancellation or rescission. It
is agreed and stipulated that timely and full payment of the parking garage
contribution is an express condition precedent to the granting of and execution of
the Lease.
The Successful Proposer shall have no vested or reserved interest, rights, options,
preferences, or security in the ownership of the MPA parking facility, other than
the City's commitment that those parking spaces wiII be available for monthly
leases for all of the commercial/retail uses incorporated within the Project, at a
parking rate schedule that reflects fair market value, whose published rates will be
provided to transient customers. Notwithstanding the above, tenants of the area
(including the Rusty Pelican and Virginia Key Marina tenant) will be
accommodated per the terms of their respective agreements.
Option 2: The Successful Proposer's contribution to the Parking Trust Fund may
be waived by the City if the Proposer elects to build the MPA Parking at their sole
cost and expense. The City will allow the Proposer to use the parking garage
contribution made by the Rusty Pelican towards the construction costs of the
25
parking facility. If the Proposer elects to build the MPA Parking, the parking
structure must comply with the Parking Requirements, the Successful Proposer
must guarantee completion, and the Successful Proposer must convey the parking
structure to the City upon completion. Construction and operation of the MPA
Parking must be overseen and supervised by MPA, subject to a parking
development agreement to be executed by all applicable parties. Proposers may
elect under this option to construct the Project on either of the following: (1) solely
within the marina footprint, (2) solely within the MPA Parking footprint, or (3) on
a combination of the two properties.
Notwithstanding the above, the City will consider all proposals that incorporate all Parking
Requirements, which convey the parking ownership to the City and operation to the MPA,
and which satisfy all other regulatory and governmental obligations for the site.
Please note that the investment, contribution and/or any income generated from the Parking
on site shall not be considered by the Selection Committee in their evaluation of Proposals.
Therefore, clarification of selected Parking option(s) is required, but is not a factor in the
evaluation of the Proposals.
Please also note that the MPA Parking garage is intended to be built on property deeded to
the City by the County, and that such deed has certain restrictions. Use of that portion of land
for the development of parking will be subject to such restrictions. A copy of the County
resolution approving the deed and declaration of restrictions is included as Exhibit "G".
MPA may, in its sole discretion, elect to build additional parking spaces beyond what is
required for the Successful Proposer's Project and existing City and MPA parking
obligations. Should the MPA choose to build additional parking spaces, the MPA will pay
one hundred percent (100%) of the additional costs required for the additional spaces, as well
as the cost for any ancillary uses incorporated in the parking facilities.
12. Boat Show
The Proposal shall be compatible with the Boat Show. The Successful Proposer shall enter
into an access agreement with NMMA. In no way may the proposed Project interfere with
or affect the Boat Show, any exhibitor tents, or any of the footprint, in a manner that would
diminish the amount of square footage provided to the Boat Show by two percent (2%) or
more. All parking on site and other facilities shall remain open during the boat show to satisfy
customers of the Project.
All construction by the Successful Proposer shall be limited or paused to the extent necessary
to permit access and use of the Property during the Boat Show, allowing for Boat Show
exhibition space and clear walking paths to and from Boat Show exhibits.
13. Regulatory Process — Permitting & Licensing
The plans for this Project will require various permits, consents, and approvals, and each
Proposer to the RFP is responsible for determining which permits and approvals will be
required for the construction, operation and completion of the Project. The Successful
Proposer, at its sole cost and expense, shall be responsible for applying for and acquiring all
required permits, licenses, contests, and approvals from all appropriate governmental
agencies. Additionally, all improvements must comply with applicable building, fire,
planning and zoning (as may be amended), health, and all other applicable local, state and
federal requirements in place at the time of application submittal. Securing all such
26
approvals, consents, development permits, and similar required permissions shall be the
responsibility of the Successful Proposer.
The City, pursuant to all necessary reviews and approvals of design concepts, will, if
necessary, provide owner sign -offs required for the Successful Proposer to obtain the
appropriate regulatory permits, consents, and approvals from local, state, and federal
agencies. Compliance with all legal and regulatory conditions will be strictly required.
Regulatory permits may be necessary from the following agencies, including but not limited
to: Miami -Dade County Department of Regulatory and Economic Resources (RER); State of
Florida Department of Environmental Protection (DEP); U.S. Army Corps of Engineers
(USACE); and the Federal Aviation Administration (FAA). This information is intended to
help Proposers determine the applicable requirements and is not meant to be an exhaustive
summary of all permits, licenses, and approvals required.
14. Redevelopment Schedule
The City will require the proposed renovations/redevelopment/reconstruction to have
obtained all required permits and commenced construction within thirty-six (36) months
from the Effective Date of the Lease. All physical improvements for all Project components
must be completed within sixty (60) months from execution of the Lease by both parties,
unless the Successful Proposer applies for and receives a waiver from the City. The City, at
its reasonable discretion, may grant a waiver extending the abovementioned schedule if the
Successful Proposer demonstrates that: (1) it has actively and continuously pursued obtaining
all required permits; and (2) the delay is a result of force majeure or a result of delays outside
of the Successful Proposer's control.
Notwithstanding the above, Proposals may put forward a phased development schedule
wherein each indicated area of development shall become effective in phases. Phased
development must be done in sixty (60) months with all building permits for the last phase
in place no later than forty-eight (48) months from the Effective Date of the Lease. The City,
at its discretion, may grant an extension for building permits under the following
circumstances: (a) if the Successful Proposer demonstrates that in good faith and acting with
due diligence was unable to obtain the required permits; (b) subject to force majeure; or as
otherwise permitted by law. All development will comply with the building permit provisions
of Section 29-B of the City Charter, as amended.
If modifications are proposed, the Successful Proposer shall submit a full set of plans to apply
for applicable building permits and any other applicable approvals within one hundred eighty
(180) calendar days of the Lease Effective Date, and construction must be complete within
one year of the permit approval date. The City will use its best efforts to provide alternative
locations which are reasonably contiguous for the operation of the facility during renovation
or redevelopment of other Project components.
15. Insurance and Indemnification
Prior to execution of the Lease, the Successful Proposer shall be required to provide
certificates of insurance to the City providing insurance during construction, maintenance,
and management of the Project, as may be approved by the Director of the City's Risk
Department, and as specified in the Lease. The City shall retain the right to amend and add
to the required policies and coverages to ensure adequate coverage for the proposed Project
and corresponding Lease, as required by the RFP and/or the Lease and as otherwise
determined in the sole discretion of the City. The Successful Proposer shall also indemnify,
save, hold harmless, and defend (at its own cost and expenses) the City, its officials, officers,
27
employees, agencies and instrumentalities for all actions, claims, causes of action, liabilities,
damages and liabilities arising or accruing by virtue of the approval, leasehold, construction,
development, redevelopment, uses, activities, actions or omissions of the Proposer, its agents,
servants, representatives, consultants, and contractors relative to the proposed Project and
corresponding Lease, as determined by the City Manager. the City Attorney. and the City's
Director of Risk. Department to the extent required to realize this requirement. The
Indemnity/Hold Harmless/Duty to Defend contained in the Lease furnished by the City will
not be a negotiable item and shall survive the cancellation or expiration of the Lease, as
applicable.
16. Payment and Performance Bond
Prior to the commencement of any construction on the Property, the Successful Proposer
shall be required to provide a Payment and Performance Bond satisfying the requirements
set forth by the City as well as those set forth by Section 255.05 of the Florida Statutes. The
Payment and Performance Bond will be posted in an amount representing at least one
hundred (100%) percent of the sum of the construction cost of the improvements.
Construction costs for purposes of this Section shall mean the total cost of the Project to the
Proposer as designed or specified by the architect or design/build firm including at current
market rates a reasonably customary allowance for overhead and profit, the cost of labor and
material, and any equipment designed, specified, selected or specially provided for by the
architect/engineer or design/build firm, but not compensation to the architect/engineer or
design consultants, or the costs of acquiring rights -of -way or easements or the like.
17. Proposal Security
Proposers shall be required to submit with their proposals a Proposal Security equal to
Twenty -Five Thousand Dollars ($25,000) by check, or otherwise provide proof the same has
been submitted into an escrow account. The Proposal Security shall be subject to the terms
specified in Section II.F.
18. Earnest Money Deposit
Upon execution of the Lease, the Successful Proposer shall provide Seven Million Dollars
($7,000,000) by an irrevocable/unconditional cashier's check, drawn on a financial
institution authorized to do business in Florida (or may do the same by wire transfer or similar
means), or shall provide proof the above -mentioned amount has been deposited into a
restricted escrow account. Upon commencement of construction, the Successful Proposer
shall be allowed to withdraw from that fund in order to pay for the costs of construction.
19. Taxes
The Successful Proposer will not be responsible for any ad -valorem taxes, sales and use
taxes, or any other levies, governmental impositions, surcharges, taxes or assessments
associated with the Property that are due or may be owed prior to the Lease Effective Date.
The Successful Proposer will, however, be responsible for all taxes that are incurred
commencing on and after the Lease Effective Date.
20. Impact Fees
The Successful Proposer must pay for all impact fees related to all improvements to the
Property. Impact fees by Code requirement must be paid prior to issuance of a building
permit. For more information, see Chapter 13 of the City Code.
28
21. City's Real Estate Development Advisor/Broker
The City has engaged the services of CBRE, a real estate development advisor/broker for this
assignment. CBRE shall represent the City in all negotiations and the fiduciary
responsibilities of CBRE exist only to and on behalf of the City. CBRE shall be entitled to
a commission fee ("Commission Fee"), which shall be subject to State of Florida Contract
DMS-12/13-007, as approved and adopted by the City of Miami Commission, and the
provisions of the City Charter and Code. Upon execution of the Lease, the Successful
Proposer shall pay the City an amount equal to the Commission Fee, which shall be
determined on a cumulative and compounded basis and shall not exceed One Million Four
Hundred and Seventy Five Thousand Dollars ($1,475,000).
22. Pre -Proposal Submission Conference & Site Visit
The City may conduct one or more Pre -Proposal Submission Conferences and site visits on
dates and times that are yet to be determined. in the event of such conference, notice of the
date, time, and location shall be posted on the following website:
www.virginiakeymarinarfp.com, and sent to Registered Proposers via email. Attendance at
any Pre -Proposal Submission Conference and Site Visit shall be optional; however,
prospective Proposers are strongly advised to attend.
B. THE PROPERTY
The information in this RFP is believed to be correct, but is not warranted in any manner.
Proposers should independently verify factual items they deem relevant prior to response
submittal.
1. Parcel Size and Components
The Property is located in Virginia Key and includes approximately 26.65 acres of land,
including approximately 17 acres of which are submerged lands. Visible landmarks include,
to the northwest, Rusty Pelican Restaurant and to the southeast, Miami Marine Stadium.
Additionally, the site offers views of the City of Miami skyline.
The following addresses and folio numbers pertain to the Property:
3301 Rickenbacker Causeway
3605 Rickenbacker Causeway
3501 Rickenbacker Causeway
3311 Rickenbacker Causeway
No Address
3511 Rickenbacker Causeway
Folio 01-4217-000-0020;
Folio 01-4218-000-0010;
Folio 01-4217-000-0110 (NW Parcel);
Folio 01-4218-000-0030;
Folio 01-4218-000-0031; and
Folio 01-4217-000-0030 (NW Parcel);
2, Existing Conditions
The Property is located in Biscayne Bay designated as an Aquatic Preserve. The Project shall
conform to the prescribed requirements of environmental regulations governing the Biscayne
Bay Aquatic Preserves. All operations of the Project shall also conform to existing
environmental regulations and permitting requirements.
The Property, and its improvements, if applicable, are offered "AS IS, WHERE IS." NO
REPRESENTATIONS OR WARRANTIES WHATSOEVER ARE MADE AS TO ITS
CONDITION, STATE OR CHARACTERISTICS BY THE CITY, INCLUDING BUT
NOT LIMITED TO ANY ENVIRONMENTAL CONDITIONS. EXPRESS
WARRANTIES, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR
29
PURPOSE OR USE AND HABITABILITY ARE HEREBY DISCLAIMED. Testing,
audits, appraisals, inspections, etc., desired Or necessary to prepare an RFP response shall be
at the sole cost and expense of the Proposers.
3. Environmental
The City has conducted a Phase I and Phase II Environmental Site Assessment, attached
hereto as Exhibit "E". Nevertheless, Proposers may also perform their own "due diligence"
inspections, including environmental site assessments, sampling and testing of the soils,
sediments and groundwater, subject to such conditions and limitations as the City Manager
may impose, including without limitation, requirements for supervision by the City,
indemnification of the City, disposition of reports and execution of any legal documents, as
the City Attorney may require.
Testing, audits, appraisals, inspections, or other non-invasive studies that are necessary or
desired to submit a proposal, shall be conducted at the sole expense of the Proposer, and only
with prior written approval by the City. The Successful Proposer shall remove or remediate
any hazardous materials that are required by law to be removed or remediated for the Project.
Additionally, all marine mitigation, or other mitigation efforts required by the applicable
agencies, shall be at the sole cost and expense of the Successful Proposer.
Additionally, the Successful Proposers shall consider the potential impact of sea level rise
while preparing development plans in order to ensure increased resilience to the rising sea
levels and proper maintenance of the Property and Project.
4. Utilities
Water, sanitary sewer, electric and telephone utilities are currently available on the Property.
Proposers may obtain detailed plans showing underground utility installations from the
City's Public Works Department, 444 SW 2nd Avenue, 8th Floor, Miami, Florida 33130.
For additional information, please contact the respective utilities.
The Successful Proposer shall bear the sole financial responsibility for all connection fees,
design, construction, and installation costs and of any costs associated with compliance with
any County or City moratorium requirements that may be in force. The City will assist in this
process by providing the necessary utility and/or facility easements as lawfully appropriate.
In the event the Successful Proposer wishes to relocate the existing utilities, it shall do so at
its sole cost and expense.
5. Zoning
The Property is zoned as CS Civic Space Zone. For more information, please review the
Miami 21 Zoning Code, CS Civic Space Zone Reference Manual, attached hereto as Exhibit
'B". Proposers are responsible for verifying all information concerning planning and zoning
requirements with the applicable agencies and departments. Any details provided herein
regarding the zoning process is for convenience only and Proposers should not rely upon
them without independently verifying the same.
For the purposes of this RFP, the City encourages the most innovative and most competitive
proposal that utilizes best practices and complies with the Miami 21 Zoning Code CS
designation,) and which are consistent with the principles stated in the Virginia Key Master
Plan. Proposers should not consider zoning approvals as permit approvals, the latter of which
Proposer must obtain separately for each aspect of the Project. Whenever possible, the City
30
agrees to assist the Successful Proposer with its permitting process, providing that municipal
permit fees will not be waived or reduced.
No Special Area Plan shall be allowed for this Project. Additionally, no hotels or other
residential components shall be permitted. The Project shall not include any use or services
not in compliance with the Miami 21 Zoning Code CS designation or any of the following
large-scale commercial for -hire services: (1) boat painting; (2) transmission repairs; or (3)
dry dock repairs. Small-scale and non-commercial boat painting, transmission repairs, and
dry dock repairs are acceptable.
Furthermore, the Project should consider and incorporate Miami 21 principles for public
waterfronts and public benefits for public spaces to the extent feasible. Additional
information may be found at the following links:
http://www.miami21.org/f nal code May20 1 6.asp
http://www.miami2 I .org/PublicRenefits j ump.asp
http://www.miami21.org/Publicpenefits ParksPublicSpace.asp
http://www.miami21.org/PDFs/Appendix/Miami 21 Appendix B.odf
6. Flood Zone
A preliminary review of the Property shows that the entire Property is classified as falling
within Coastal A Zone, under Flood Zone AE. All structures constructed at the Property must
conform to the appropriate Flood Zone requirements. Some preliminary estimates of flood
risk are included in the Coastal Risk Consulting 2016 King Tide Report included herein as
Exhibit H. As previously noted, the information in this RFP is not warranted in any manner
and. Proposers should independently verify factual items they deem relevant prior to response
submittal.
C. SELECTION PROCESS AND CONTRACT AWARD
1. Administrative Review
City staff will conduct an initial administrative review of the proposals received for
completeness and compliance with all content requirements set forth in the solicitation
("Administrative Review"). Administrative Review may include a financial or technical
analysis of the Proposals prepared or procured by the City or its agents. During this
Administrative Review, City staff may contact Proposers to cure non -material, non -
substantive defects in any Proposals or to clarify unclear portions of the Proposal. If notified
of deficiency or request for clarification, the Proposer shall provide a written response, which
must be received within five (5) business days of notification or such other time designated
by the Project Manager.
2. Evaluation Criteria
Proposers shall be evaluated based on the following criteria ("Evaluation Criter a"):
Overall Experience and Qualifications
25
Relevant business and Project team experience in similar projects
10
Operational history reflective of capacity to meet Project goals
10
Availability of financiallbusiness references
5
Financials and Proposed Revenues
25
Financial return to the City, including Base Rent and Participation Rent
10
31
Financial capability
10
Reasonableness of Revenue Forecasts
5
Design & Operational Plan
25
Improved efficiencies of marina operation and site utilization
10
Aesthetics & functionality of proposed improvements
5
Effective use of site during construction/redevelopment
5
Consistency with the Virginia Key Master Plan principles
5
Resiliency & Environmental Considerations
15
Long term resiliency of the Project
5
Commitment to protection of environmental assets and history of
environmental stewardship
5
Incorporation of "green" design and natural/native elements
5
Public Benefits and Local Participation
10
Benefits received by the Public
5
Participation of firms and contractors that maintain a local office
5
Based upon the Evaluation Criteria provided above, as more specifically defined in the
attached Detailed Evaluation Matrix included herein as Appendix 11, the selection committee
("Committee") will evaluate, assign points, and rank proposals in accordance with the
requirements of the RFP using the scoring guidelines provided by the City. The Committee
shall review the Evaluation Criteria, Detailed Evaluation Matrix, and the Project Goals
specified in this RFP, and rank each Proposal as to each category listed above. The
Committee may further define each of the categories/criteria stated above so long as
consistent with the information in this RFP.
Each proposal will be reviewed to determine if the proposal is responsive to the submission
requirements outlined herein. Proposals that deviate from the City's "Must", "Shall" or
"Mandatory" requirements may be found non -responsive without further evaluation.
The Committee members shall be appointed by the City Manager, who reserves the right to
appoint voting members as well as alternates. No less than five (5) and no more than seven
(7) Committee members will be appointed. The City Manager shall, where practicable, select
members as follows: 1) one member who is an expert in the management of a marina but not
a City employee; 2) one member from the Virginia Key Advisory Board; 3) one member
from the City's Procurement Department; 4) one member who is an environmental expert;
and 5) one member from the City's Planning and Zoning Department. Any other member(s)
appointed by the City Manager shall be a person(s) with relevant background and expertise
for this Project.
Upon the City Manager's appointment of the Committee members, the List of members shall
be publicly posted. The City Manager will use best efforts to publish the list of Committee
members within 30 days of RFP publication. Any substantial issues or concerns with
appointed members must be submitted in writing to the City Manager with a copy to the
Project Manager within five (5) days of such posting. Any reappointments or substitutions
shall be publicly posted. Submittal of a Proposal shall be confirmation of each Proposer's
32
acknowledgement that the Committee menibers are free of conflict or bias, and acceptance
of the appointment of these Committee members. In order to eliminate skewing of the final
scores, the highest and the lowest total score submitted by each Committee member for each
Proposer shall be uniformly eliminated. Thereafter, the remaining values will be averaged to
provide a final score for each Proposer.
3. Negotiations
Negotiations will take into consideration terms most beneficial to the City (from a monetary,
technical, and managerial standpoint) until an agreement acceptable to the City is agreed
upon. The City reserves the right to request from the Proposers: written clarifications; non-
material revisions to proposals, if deemed necessary by the City; and any supplemental
information, such as additional references, deemed necessary for proper evaluation of
proposals.
4. Oral Presentations
The Proposers shall be required to provide oral presentations. All Proposers will be afforded
the same time limits for presentations and responses to questions, so as not to place one
Proposer at an advantage over any other Proposer.
5. Selection Committee Recommendation
The Committee will make its final ranking and recommendation to the City Manager, based
on: (l) the findings of the Administrative Review (including, as applicable, any financial or
technical analysis by the City or its agents); (2) the evaluation criteria as defined in the RFP
and appendices; and (3) applicable laws and regulations. Such recommendation is subject to
compliance with the applicable provisions of the City Charter and Code.
6. City Manager
If the City Manager accepts the Committee's recommendation, a final contract will be
negotiated and the final recommendation of award, approved by the City Manager, will be
presented to the City Commission for their review and approval. The City Manager or his/her
designee reserves the right to (I) approve the Committee's recommendation, (2) reject the
Committee's recommendation, (3) reject the Committee's recommendation and instruct the
Committee to re-evaluate and make further recommendations, or (4) recommend to the City
Commission that they reject any and/or all proposals.
7. City Commission
The City Commission may (I) approve the City Manager's award recommendation and
negotiated contract; (2) reject all proposals, and/or instruct the City Manager to reissue a
solicitation; (3) instruct the Committee to re-evaluate and make further recommendations, in
which case the consideration of the recommendation will be referred back to the Committee
for further deliberations in accordance with any additional points or matters referenced which
are in accordance with the Solicitation Criteria; or (4) instruct the City Manager to constitute
a new Committee and make recommendations. All applicable Charter and Code provisions
will be followed. The final decision of the City Commission shall be final action by the City.
8. Estimated Timetable
The timetable for the RFP selection process is summarized below. Note that these are
tentative dates and are subject to change at any time by the City.
33.
Anticipated RFP Schedule
Dates
Issuance of Solicitation
February 17, 2017
Optional Pre -Proposal Submission Conference and Site Visit
March 16, 2017
Deadline for Questions
April 10, 2017
Proposal Submission Deadline
May 18, 2017
Adoption of Legislation Authorizing and Directing the City
Manager to Execute a Lease subject to Referendum approval
TBD
Referendum
TBD
D. LEASE
The City requires that a Lease agreement ("Lease"), in substantially the attached form as in
Exhibit "C" herewith, be executed upon approval of the Successful Proposer (or "Lessee") by the
City Commission. The terms and conditions within the Lease will capture the use of the Property
according to the parameters of the proposal and this RFP. Please note that the form lease included
as Exhibit "C" is a draft that will be revised to reflect all of the requirements specified in this
RFP as finally negotiated between the parties, subject to review and approval by the Office of the
City Attorney. Where the terms of the form Lease included as Exhibit "C" are in conflict with
the terms contained in this RFP, the terms of this RFP shall govern. The City will not consider a
sale of any part of the Property. The Successful Proposer shall have no vested rights, nor any title
or interest in the property or in the development proposed thereon until a Lease is fully executed,
and then only in the manner stipulated therein. The Lease shall not confer on, or vest in, the
Lessee any title, interest, or estate in the Property other than a leasehold interest.
The Lease will be furnished by, and always under the possession, custody, and control of the
City; however, the actual terms of the Lease shall be negotiated between the Successful Proposer
and City staff, subject to final approval by the City Commission. Once the parties agree to the
terms of the Lease, the executed Lease shall comply with this RFP. Certain clauses of the Lease
shall be deemed nonnegotiable, including, but not limited to, term, revocation, insurance,
indemnification, taxes and impositions, public records, compliance with RFP requirements, etc.
Notwithstanding the above, Proposers may request additional terms within the aforementioned
nonnegotiable clauses so long as they are consistent with the solicitation. Revisions to non-
negotiable terms shall be disregarded. The City may make additional changes to the Lease prior
to execution to ensure consistency with the terms of this RFP, subject to review and approval by
the City Attorney.
The Lease may be assigned or transferred to a third unrelated party during the lease term, subject
to and at the discretion of the City, which shall not be unreasonably withheld conditioned or
delayed. Such transfer or assignment may be subject to financial and operational ability of the
transferee, including that the proposed transferee shall not be deemed non -responsible for the
criteria specified above in Section II.G., shall comply with the various requirements specified in
this RFP, and at no time shall be allowed without the consent of the City. Any such assignment
or transfer prior to the fifth (5th) anniversary of the Lease Effective Date, shall require a payment
to the City equal to four percent (4%) of gross proceeds from the transfer; at any time after the
fifth (5th) year, a five percent (5%) payment of the gross proceeds will be due to the City upon
transfer ("Transfer Fee"). The above -mentioned Transfer Fee will apply even if the transfer or
assignment is to a related, subsidiary, or affiliated entity, except for those transfers made for
estate or tax planning purposes or those transfers required by a lender, and for which no proceeds
will be realized upon transfer, as evidenced by documents submitted to the City. Note: All
34
leasehold improvements shall become the sole property of the City upon the expiration or earlier
termination of the Lease.
Additionally, the Lease will provide a review period to confirm compliance with the RFP and
other Lease requirements, including the redevelopment schedule. Proposer's failure to achieve
any of the development milestones is a Lease default, unless otherwise granted a waiver by the
City as specified in Section I11.A.14. Such default entitles the City to claim the Deposit and the
Successful Proposer's leasehold interest shall revert to the City, at the City's discretion. Further,
the Lease shall provide that the City will be provided with all correspondence and material
associated with the permitting process on a regular basis, including any studies and reports
produced for the Project.
E. BACKGROUND CHECK/DISQUALIFICATION
The City will perform, or cause to be performed, a complete background check and investigation
(including obtaining credit reports) of the proposing entity and its principals. Proposers shall be
required to submit a non-refundable fee in the amount of Five Thousand Dollars ($5,000.00) in
the form of a cashier's check or money order to cover payment of a background check and credit
reports along with their RFP proposal submission ("Background Check Fee"). This shall be used
to determine whether there is any information that could deem the Proposer non -responsive or
non -responsible per Section II.G. In the event the cost of conducting the background and credit
check exceeds Five Thousand Dollars ($5,000.00), Proposers shall be required to compensate the
City for amounts paid within ten (10) days' notice from the City.
Proposers must submit forms providing the City with Proposer's consent to conduct background
screening on the Proposer and all Proposer's principals using the form provided in Appendix 9
along with their proposal submission. For the purposes of this solicitation, a principal shall be
defined as any person, individual or entity having any ownership or major operational role in the
Proposer's Project. Proposers that include as part of their team foreign nationals or foreign
entities must fully comply with all of the requirements of the Patriot Act. Those Proposers who
do not comply may be disqualified from further consideration in this RFP process.
Once the Proposer has submitted the Registration Form (Appendix 2) together with the
Registration Fee, the Proposer may provide the City with the background and credit check
Consent Forms (Appendix 9) together with the Background Check Fee prior to the proposal
submission deadline in order to obtain preliminary review of the proposing entity's responsibility.
Upon receipt of the requested documents and fees, the City will review and provide its
preliminary determination within two (2) to three (3) weeks, subject to reasonable delays.
Preliminary determinations of responsibility shall be provided by way of public posting on the
RFP website located at www.virginiakevmarinarfp.corn. Please note that any responsibility
determination provided to Proposers is preliminary based on the information provided by
Proposer, and may be changed in the event additional information is revealed at a later date. The
City reserves the right to deem a Proposer non -responsible for any of the criteria specified in
II.G.
35
IV. TECHNICAL SPECIFICATIONS
A. MINIMUM PROPOSAL REQUIREMENTS & FORMAT
PLEASE NOTE: THE SUCCESSFUL PROPOSER SHALL DEVELOP THE PROJECT
PROPOSAL IN A MANNER THAT CONSIDERS AND COMPLIES WITH ALL OF THE
REQUIREMENTS SPECIFIED THROUGHOUT THIS RFP.
Proposers shall be required to submit a Proposal that includes all of the minimum proposal
requirements specified below at the date of Proposal submission. Proposals shall be deemed
responsive if they meet and provide the minimum proposal requirements below ("Minimum
Proposal Requirements). Additionally, the City may issue requests for clarification or may request
additional information from the Proposers.
Proposers shall submit responses in a bound format with tab dividers separating each section. A
minimum font size of 10 point, 1 inch margins, and single spacing shall be utilized on all text
documents submitted. There shall be submitted one (1) original, eighteen (18) bound copies with
tabs, one (1) unbound copy without tabs for possible duplicating needs and one (1) electronic copy
submitted on CD, DVD, or Flash Drive.
All required drawings shall be submitted in the scale herein specified. The Proposer must submit
copies of all required drawings reduced proportionately to an 11" x 17" format. The reduced
drawings shall also be submitted electronically and may be used on the City's website to inform
the community about the proposals. No boards shall be accepted as part of the Proposal submission,
but may be used at a later date for presentation purposes. Proposers shall utilize the following
outline to prepare their proposals, adding tabs and sub -tabs as needed.
1. COVER PAGE
The cover page shall include the Proposer's name; Contact Person; Firm's Liaison for the
Contract; Primary Office Location; Local Business Address, if applicable; Phone and Fax
Numbers, as applicable; Email addresses; RFP title and RFP number.
2. TABLE OF CONTENTS
Table listing, in sequential order, the location of all contents, including required response
forms, charts, illustrations, and additional enclosures. All pages of the Proposal, including
enclosures, shall be clearly and consecutively numbered, consistent with the Table of Contents.
3. EXECUTIVE SUMMARY
Summarize the proposal providing an overview of the proposal submission.
4. VISION, GOALS. AND OBJECTIVES OF PROPOSED PROJECT
Summarize the vision, goals, and objective of the proposed Project.
5. COMMUNITY BENEFITS
Summarize the range and quality of any programs to be offered as a benefit to the local
community, including the number of potential jobs to be created and the considerations made
to protect the environment.
6. REDEVELOPMENT SCHEDULE
Proposers shall include renovation/redevelopment schedules for the leasehold improvements
which take into account the commencement dates required by the City and delineates the
36
renovation or redevelopment of each component. The Proposal shall include a narrative
accompanied by a graphic timeline or schedule detailing all phases of the development
including developer due diligence, planning and design, permitting, construction, and
operations. The schedule must include an explanation of how the phasing of the Project was
determined and a projection of the Project completion time required following the development
team receiving control of the site.
7. PROJECT PLAN
The Project plan shall consider all of the principles, guidelines, and requirements specified in
this RFP, as well as the principles stated in the Virginia Key Master Plan. A team of specialized,
registered design professionals shall prepare the Project plan. Additionally, please note that any
material changes to the original Project plan made after Miami City Commission approval of
the lease and development agreement shall be subject to input from the Virginia Key Advisory
Board and final approval from the Miami City Commission.
The Project plan shall include:
(a) Narrative Description of the proposed Project plan:
Proposer must include a detailed development plan for the marina and boatyard,
restaurant, ship's store and all other components of the Project. Proposers must also
specify how they plan to manage the site and maximize revenue through optimized slip
management, restaurant patronage, and all other revenue -generating facilities on the
Property. Additionally, Proposers must identify how they plan to accomplish the various
components required by this RFP, taking into account the various Evaluation Criteria
specified in Section III.C.2.
(b) Site Program Analysis, including:
• Overall site development including improvements, and surrounding modifications to
the Property.
• Number and use(s) of building(s), and respective square footages (both gross and
rentable).
• Number, type, size, construction and description of proposed operations by category.
• Number of wet and dry slips (including total linear feet of each type specified).
• Architectural features.
• Permitting and environmental issues.
• Features incorporated in light of environmental concerns, including protections for
adjacent critical habitats and sea level rise.
• Parking solutions or agreements.
• Traffic Plan.
• Sewage Plan.
• Pollution Control Plan.
• Storm Water Management and Hurricane Plan.
(c) Conceptual renderings of overall site as well as from within the Project, illustrating:
• Context.
• Building Height.
• Architectural Features.
• Signage.
37
(d) Proposed Project Site Plan
The Site Plan should illustrate the relationship and connectivity of the proposed Project to
adjacent roadways, residential or commercial neighborhoods, Virginia Key, and the
general area.
The Site Plan should also identify the location of all the following:
• Land/Space Uses.
• Building Location.
▪ Pedestrian Access.
• Parking areas.
• Landscaping.
• Lighting.
(e) Wet Slip Configuration:
Proposer shall also include a conceptual configuration of the wet slips within the marina,
identifying the length of each slip.
(f)
Construction Plan:
Proposer shall construct and operate the Project at the Proposer's own risk without benefit
of financial guarantees from the City. Nevertheless, the City has an obligation to its
residents to ensure that the Project is completed, or failing that, that the Project not be
abandoned after commencement. Accordingly, the Proposer shall describe the terms and
conditions it proposes to ensure construction and operation of the Project.
8. OPERATIONAL PLAN
The Proposer shall provide a brief narrative on the Proposer's plans for the management and
operation of the proposed Project during the Lease Term, including as applicable, a description
of services to be provided, number and type of employees to be hired, hours of operation, etc.
9. MARKET ANALYSIS AND ECONOMIC FEASIBILITY
Proposals shall include the following information, providing an understanding of their likely
market and economic feasibility:
• A market analysis sufficient to establish the market support for this type of facility and
other proposed uses, based upon analysis of demand generators, competitive supply,
market pricing, competitive position, and anticipated market share/capture.
• A projected development schedule.
• An analysis of projected revenues and operating expenses broken out for each major
component covering at a minimum the first fifteen (15) years of operation.
• A written statement indicating the total dollar amount to be spent on permanent
physical improvements to the Property, if any, including building improvements, site
improvements and equipment purchases associated with the Project, as well as that
required for all start-up costs and initial operating expenses. The
development/renovation cost estimates shall be itemized to include significant line
items within the major categories of hard, soft (including pre -development fees), and
financing costs, and allocated by Project component, building and phase, as applicable.
10. FINANCIAL FEASIBILITY
Proposals shall include a detailed financial feasibility and cash flow analysis. The financial
feasibility of the Project shall be presented in a fashion to enable a clear understanding of the
financial inflows and outflows of the projected revenues and any other financial returns over a
38
projected fifteen (15) year period. The analysis should include projected profit and Toss runs,
including revenues, operating expenses, development costs, debt service, etc., and an integrated
financial cash flow projection showing the phased renovation, building, and completion
schedule.
Proposers must include a fifteen (15) year pro -forma in excel spreadsheet format including
formulas. The pro -forma should include individual line items that support all
proposed/projected revenues and expenses, inclusive of line items for gross slip revenue, gross
marina operation revenue other than slip revenue, gross ship store revenue, gross fuel revenue,
gross revenue from any other proposed income streams, individual line items associated for
each of the corresponding percentage revenue calculations that apply to these revenue sources
and are to be paid to the City, and all expenses. Please note that, for the pro -forma and other
financial projections required by this RFP, NPV shall be discounted at five percent (5%).
Gross revenue shall be defined as the total of all revenues, rents, income and receipts, received
by Proposer from any person whomsoever (less any refunds) of every kind derived directly or
indirectly from operation of the Property, including without limitation, income from both cash
and credit transactions.
11. FINANCIAL PLAN
a) Financing Plan
Proposals shall include a description of the total estimated cost of construction and
corresponding financing plan for the Project, including a description and estimate of all
sources of construction and permanent debt and equity funds to be used in the Project.
Estimated total construction costs should not be materially different than proposed unless
as a result of unknown on -site conditions that are not readily observable or discoverable.
Proposers shall ensure that target returns and other financing considerations are presented.
The City reserves the right to further evaluate and/or reject financing commitments when
the term, the identity of the financing source or other aspect of such financing is deemed
not in the best interest of the City or the Project.
b) Infrastructure Cost Estimate
Proposers shall prepare and submit estimates of the initial infrastructure costs of the
Project. The estimates shall be complete in that no cost elements are excluded, realistic in
that quantities and prices used in developing the estimate reflect actual market level or best
estimates of future price levels and credible in that the estimating methodology used is
consistent with applicable industry standards and practices. For the purposes of this
requirement, "infrastructure costs" shall mean all costs associated with roads, utilities such
as water, sewer and electricity.
c) On -Going Capital Infrastructure Costs
This section shall include all elements or components of the capital assets that require
future expenditures beyond normal maintenance, or replacement at the end of their
economic life that are expected to occur within the Lease Term, including for example all
costs associated with ensuring resiliency of the various components of the Project. Please
note the preference to incorporate a resilient design with considerations made for sea level
rise in order to provide structures with a longer anticipated economic life. Along with each
element of on -going capital costs, Proposers shall estimate the corresponding contingency
allowance with the estimate for each cost element. The Successful Proposer shall be
required to contribute one percent (1%) of gross revenues to a Capital Infrastructure
Escrow Account (per defined escrow requirements) to fund on -going capital infrastructures
39
costs.
d) Operation and Maintenance
Proposers shall describe in detail all sources of operations and maintenance funds for the
Project. No government: funds, subsidies, credit enhancements, loans, loans guarantees,
or other governmentally sponsored financial mechanism shall be proposed for the operation
or maintenance of the Project.
2. FINAL RETURN TO THE CITY
The Proposer shall provide a base rent to the City equal to or greater than Two Million One
Hundred and Fifty Thousand Dollars ($2,150,000) annually, PLUS percentage rent equal to or
greater than six percent (6%) of wet slip and dry storage operations, six percent (6%) of fuel
sales, and four percent (4%) sublease income or other income received by Proposer from the
use of the Property and periodic escalators, The City expects fair market value to be achieved
from the escalating minimum guaranteed base rent, with percentage of gross revenues and any
additional proposed rents providing the City with a share of the Project's financial upside.
Proposals shall detail other financial benefits to the City such as estimated property taxes, and
other non -financial benefits such as new jobs created. Please also note additional details
regarding rent specified in Section III.A.
3. EXPERIENCE AND QUALIFICATIONS
The Proposer shall provide details on the proven record of accomplishment, qualifications and
experience of the key persons involved in the management and operations of the proposed
business ("Business Team") and the key persons to be involved in the remodeling, renovation
or build -out of any proposed improvements ("Development Team").
Proposers are required to assemble the requisite expertise, experience, financial and
management capability to meet the below -mentioned threshold qualifications. As such, where
applicable, these qualification requirements shall be applied to the Proposer's team as a whole,
in a manner that is commensurate with each members' allocation of responsibility.
The City has identified the following factors that shall serve as threshold qualifications for this
RFP process. The Proposer must meet the threshold qualifications outlined below in
Subsections a) through c), and include as evidence of its qualifications the information required
by Subsections d) through h):
a) Experience;
• At the time of submission, Proposer and/or its principals shall possess and have
experience directly managing and/or operating a project of this scope and size
within the last fifteen (15) years; OR
• Proposer and/or its principals shall possess and have a minimum of any five (5)
years of experience directly involved in the ownership and day-to-day operation
of a project of this scope and size within the last ten (10) years.
b) At the time of submission, Proposer and/or its principals, must have played a leading
role or must have had principal responsibility or other demonstrated experience in the
successful design, remodeling, renovation and build -out of a project(s) of similar size
and complexity as the Project and uses proposed.
c) Proposer and/or its principals must have had experience with the successful financing
of at least one (1) project of similar size or greater.
40
d) Proposer must provide resumes as well as a summary of the credentials and experience
of the persons to be used to qualify the Proposer for this RFP, including each of the
Proposer's principals as well as each member of the Proposer's Business Team and
Development Team.
e) Proposers must provide sufficient funds to conduct a background check as required by
Section III.E., and the Proposers must be deemed by the City to be both "responsive"
and "responsible" pursuant to Section II.G.
f) Proposers must provide contact information for three (3) business references for each
principal, and at least one (1) financial reference, including contact names, company
and/or project names and contact telephone numbers of individuals who can attest to
the projects with which the individual has worked.
g)
Proposers shall also provide evidence of financial wherewithal or financing from a
financial institution either on a reference letter or Letter of Commitment, either of
which must be attached as part of Appendix 3, showing the Proposer's capacity to
develop, maintain, and operate the proposed business operations. The financial
reference letter or Letter of Commitment must be on the financial institution's
letterhead stationery.
h) Proposers must comply with the background check requirements in Section IILE. and
submit executed consent forms for the Proposer and each principal on the applicable
entity and individual consent forms attached hereto as Appendix 9.
4. PROPOSAL ATTACHMENTS
(A) RFP Registration Form & Fee: Complete Registration Form attached hereto as Appendix
2 and pay the applicable fees associated with this RFP, including:
(i) A non-refundable Registration Fee equal to One Hundred and Fifty Dollars ($150);.
(ii) A background check Fee equal to Five Thousand Dollars ($5,000);
(iii) A Proposal Security equal to Twenty Five Thousand Dollars ($25,000); and
(iv) Other fees shall be due after submission, on dates specified throughout this RFP
a. Referendum Deposit — Due upon request after City Commission approval;
b. Earnest Money Deposit — Due upon Lease execution;
c. Parking Garage Contribution, as may be applicable — Due upon Lease
execution;
d. Commission Fee — Due upon Lease execution.
(B) RFP Submission Form: Complete to its entirety the RFP Proposal Submission Form
attached hereto as Appendix 3. Please note that a "responsible proposal" is one that has
the capability in all respects to fully perform the requirements set forth in the proposal and
the proposed Lease. A "responsive proposal" is one that conforms in all material respects
to the Minimum Proposal Requirements of this RFP. Any missing information may result
in the disqualification of the Proposal as non -responsive.
(C) Business Team Qualifications: Complete the Business Team form included as Appendix
4. Resumes should be provided for all members of the Business Team.
(D) Development Team Qualifications: Complete the Development Team form included as
Appendix 5. Resumes should be provided for all members of the Development Team.
41
(E) Certifications: Complete the appropriate Certification of Authority attached in Composite
Appendix 6.
(F) Disclosure/Disclaimer: Complete the Proposer's Disclosure/Disclaimer attached hereto
as Appendix 7.
(G) Consent Forms: Complete the Consent Form attached hereto as Appendix 9.
(H) Non -Collusion Affidavit: Complete the Non -Collusion Affidavit attached hereto as
Appendix 10.
(I) Proposer's Organizational History/Structure and Chart: In a narrative farm, please
describe the Proposer's organizational and business history and explain why the Proposer's
background makes it ideal for this opportunity. Please also provide a visual representation
in the form of an organizational chart.
(J) Redlined Lease Agreement: Incorporate proposed revisions to the Form Lease
Agreement provided as Exhibit C.
(K) Additional Information: Proposer may provide any additional information to describe
the Proposer's proposed Project or capability to implement the Project.
B. DEADLINE FOR RECEIPT OF INFORMATION/CLARIFICATION
Pursuant to the Cone of Silence, any request for additional information or clarification must be
received in writing no later than 2:00 p.m. on April 10, 2017. Interested individuals ("Proposers")
may e-mail or fax their requests to the attention of, Jacqueline Lorenzo, Property Management
Specialist ("Project Manager") at the City of Miami, Department of Real Estate and Asset
Management at E-mail: jlorenzo cr miamigov.com and Fax No.: (305) 400-5197.
C. RECEIPT OF RESPONSES
Provide one (1) original and eighteen (18) bound copies with tabs of the signed and dated proposal,
one (1) unbound copy without tabs for possible duplication needs, as well as one (1) electronic
copy submitted on CD-ROM or Flash Drive accompanied by the required documentation to the
Office of the City Clerk, Attn: Todd B. Hannon, 3500 Pan American Drive, First Floor, Miami,
Florida 33133 no later than 2:OOPM on May 18,2017.
Responses must be clearly marked and labeled on the outside of the envelope/package as
"Virginia Key Marina RFP No. 16-17-011" Failure to submit a Response by the due date and
time, and at the location specified above, shall result in automatic disqualification.
42
Chitg of Atiami
March 8, 2017
DANIEL J. ALFONSO
City Manager
RE: Addendum 1, Request for Proposals ("RFP") No. 16-17-011 for the development and lease of
Virginia Key Marina, a City -owned Waterfront Property for Marina/Restaurant/Ship Store uses.
Attention Registered Proposers:
This mailing is "Addendum 1" and becomes an official addendum to the RFP document.
Enclosed please find the following items:
• Notice of Site Visit and Pre -Proposal Submission Conference
Pursuant to Section 18-74 of the City Code, this solicitation is currently under the "Cone of Silence". Any
communication or inquiries, except for clarification of process or procedure already contained in the
Solicitation, are to be made in writing by mail or e-mail to the attention of the Project Manager identified
in the Solicitation, with a copy to the Broker and City Clerk.
Should you have any questions, please do not hesitate to write:
Project Manager
Jacqueline Lorenzo
City of Miami I Real Estate & Asset Management
444 SW 2"d Avenue, 3rd Floor
Miami, FL 33130
j lorenzo@mi am i gov.com
Broker
Lee Ann Korst
CBRE 1 Public Institutions
311 E. Park Avenue
Tallahassee, FL 32301
Ieeann.korstAcbre.com
cc: Todd B. Hannon, City Clerk
Rafael Suarez -Rivas, Assistant City Attorney
1
QIitTau of gliami
DANIEL J. ALFONSO
City Manager
ADDENDUM 1
REQUEST FOR PROPOSALS 16-17-011
For development and lease of Virginia Key Marina
City -owned Waterfront Property for Marina/Restaurant/Ship Store Uses
NOTICE OF MEETING:
Interested Proposers,
Please be advised that a visit and tour of the site ("Site Visit") shall be held:
Date: Thursday, March 16, 2017
Location: 3501 Rickenbacker Causeway, Miami, FL 33149
(Parking available adjacent to the Atlantica Seafood Restaurant)
Time: Commencing at 1:00 p.m.
Following the Site Visit, a conference ("Pre -Proposal Submission Conference) shall be held:
Date: Thursday, March 16, 2017
Location: Miami City Hall Chambers, 3500 Pan American Drive, Miami, FL 33133
Time: Commencing at 2:30 p.m.
While attendance at the Site Visit and/or Pre -Proposal Submission Conference is not a condition for
submitting proposals, that is, it is not mandatory, all prospective proposers are encouraged and urged to
attend. The Pre -Submission Conference is intended to provide opportunities to review the contents and
requirements of the RFP, to clarify proposer concerns, and to answer questions.
Additional information, including the RFP, and any addenda thereto, are available online at the following
URL: http://www.virginiakeymarinarfp.com/
2
Eau of Atiami
March 17, 2017
DANIEL J. ALFONSO
City Manager
RE: Addendum 2, Request for Proposals ("RFP") No. 16-17-011 for the development and lease of
Virginia Key Marina, a City -owned Waterfront Property for Marina/Restaurant/Ship Store uses.
Attention Registered Proposers:
This mailing is "Addendum 2" and becomes an official addendum to the RFP document.
Enclosed please find the following items:
• Memorandum Approving Selection Committee Appointments
Pursuant to Section 18-74 of the City Code, this solicitation is currently under the "Cone of Silence". Any
communication or inquiries, except for clarification of process or procedure already contained in the
Solicitation, are to be made in writing by mail or e-mail to the attention of the Project Manager identified
in the Solicitation, with a copy to the Broker and City Clerk.
Should you have any questions, please do not hesitate to write:
Project Manager
Jacqueline Lorenzo
City of Miami I Real Estate & Asset Management
444 SW 2nd Avenue, 3rd Floor
Miami, FL 33130
jlorenzo@miamigov.com
cc: Todd B. Hannon, City Clerk
Rafael Suarez -Rivas, Assistant City Attornei
Broker
Lee Ann Korst
CBRE Public Institutions
311 E. Park Avenue
Tallahassee, FL 32301
l eeann. korst(a7 core. com
Addendum 2
Remaining pages (Committee member resumes)
removed due to file size
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Daniel J. Alfonso
City Manager
FROM: Annie Perez, CPPO
Director
Department of Procurement
DATE: March 16, 2017
SUBJECT: Evaluation/Selection Committee for Lease of City -
Owned Waterfront Property for
Marinas/Restaurant/Ship's Store Uses Located at
Virginia Key Request for Proposals No. 16-17-011
REFERENCES: N/A
ENCLOSURES: Committee Member Resumes
The Department of Procurement, on behalf of the Department of Real Estate and Asset Management
("DREAM"), requests your approval of the appointment of the below -listed individuals to the
Evaluation/Selection Committee ("Committee"), to evaluate and score the proposals submitted in
response to Lease of City -Owned Waterfront Property for Marinas/Restaurant/Ship's Store Uses Located
at Virginia Key Request for Proposals No. 16-17-011 ("RFP"). Pursuant to City of Miami Code of Ordinances
Section 18-86(c)(6) Proposal Evaluation, "An evaluation committee shall be appointed by the City Manager
for the purpose of evaluating proposals based upon the criteria contained in the RFP, RFLI or RFQ..."
The Committee shall be comprised of professionals that have the requisite knowledge and experience to
evaluate and score the proposals pursuant to the RFP. At the February 9th, 2017 City Commission Meeting,
the Miami City Commission directed the administration to ascertain that the composition of the
Committee include a diverse selection of technical experts as follows: a member of the Virginia Key
Advisory Board; a representative of the City's Department of Procurement; a representative of the City's
Planning & Zoning Department; an individual with environmental expertise; an individual qualified in the
management of marinas; one or more individuals with extensive financial knowledge; and additional
qualified members the City Manager may appoint.
Committee Chairperson (Non -Voting)
Jacqueline Lorenzo, Property Management Specialist, DREAM
Committee Members (Voting)
Gary Milano, Virginia Key Advisory Board, Member
Maria D. Carballeira, City of Miami, Department of Procurement, Procurement Administrator
David R. Snow, City of Miami, Planning & Zoning Department, Acting Chief of Urban Design
Amado Gonzalez, Miami -Dade County, Department of Solid Waste Management, Environmental Affairs
Manager
Thomas A. Morgan, Miami -Dade County, Parks, Recreation, and Open Spaces Department Heritage
Parks, Beaches and Marinas Coastal Parks and Marina Enterprise, Senior Region Manager
Jose A. Galan, Miami -Dade County, Internal Services, Real Estate Development, Division Director
Alyce M. Robertson, Downtown Development Authority, Executive Director
Alternates
Penny Cutt, Gahagan & Bryant, Inc., Senior Associate
James L. Fried, Sandstone Realty Advisers, President
PR17139
Project:
MEETING SIGN -IN SHEET
Virginia Key Marina Request for Proposals
RFP 16-17-011
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MEETING SIGN -IN SHEET
Virginia Key Marina Request for Proposals
RFP 16-17-011
Pre -Proposal Submission Conference
Meeting
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Meeting
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Place:
Thursday 3/16
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3500 Pan American Drive
Miami, FL 33133
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CITY OF MIAMI
CBRE Virginia Key Marina
Pre -Proposal Submission Conference Meeting
City Hall
City Hall Chambers
3500 Pan American Drive
Miami, FL 33133
Thursday, March 16, 2017
TRANSCRIPT OF PROCEEDINGS
Request for Proposal- Virginia Key Marina
RFP No. 16-17-011
Lease of City -Owned Waterfront Property
for Marinas/Restaurant/Ship's Store
Uses Located at Virginia Key
Miami, Florida
Iit of 4Thami
April 19, 2017
DANIEL J. ALFONSO
City Manager
RE: Addendum 4, Request for Proposals ("RFP") No. 16-17-011 for the development and lease of
Virginia Key Marina, a City -owned Waterfront Property for Marina/Restaurant/Ship Store uses.
Attention Registered Proposers:
This mailing is "Addendum 4" and becomes an official addendum to the RFP document.
Enclosed please find the following items:
+ RFP Questions and Answers
+ RFP Revisions
Pursuant to Section 18-74 of the City Code, this solicitation is currently under the "Cone of Silence". Any
communication or inquiries, except for clarification of process or procedure already contained in the
Solicitation, were to be made in writing by mail or e-mail to the attention of the Project Manager
identified in the Solicitation, with a copy to the Broker and City Clerk on or before April 10, 2017.
Project Manager
Jacqueline Lorenzo
City of Miami I Real Estate & Asset Management
444 SW 2"4 Avenue, 3rd Floor
Miami, FL 33130
jlorenzoArniacnigov.com
cc: Todd B. Hannon, City Clerk
Rafael Suarez -Rivas, Assistant City Attorney
Broker
Lee Ann Korst
CBRE J Public Institutions
311 E. Park Avenue
Tallahassee, FL 32301
leeann.korst@cbre.com
Addendum 4
Remaining pages (attachments)
removed due to file size
ADDENDUM 4
REQUEST FOR PROPOSALS 16-17-011
For development and lease of Virginia Key Marina
City -owned Waterfront Property for Marina/Restaurant/Ship Store Uses
Question 1: RFP Section I, Comprehensive Plan, p. 5: Because neither Miami 21 nor the Virginia
Key Master Plan clearly identify the applicable building standards for this property, can you please
identify the maximum allowable density and floor area, if any, measured in square feet?
Specifically, the Virginia Key Master Plan calls for development within this area of "small scale
commercial facilities with marinas." In order to ensure consistency with the Virginia Key Master
Plan, can the City provide specific parameters as to what constitutes "small scale commercial
facilities?" How many square feet of commercial uses would render a development plan
inconsistent with the guidance provided by the Virginia Key Master Plan?
Answer 1: The maximum allowable density and floor area is currently not specified in the RFP or Master
Plan. An amendment to Miami 21 will be presented in the next two months to the City Commission so
that applicable standards are identified. The Planning and Zoning Department's recommendation remains
for all applicants to propose building that reflects best practices for such uses when related to marina uses.
Please be advised that any responses contained herein concerning matters of planning and zoning are for
your information and records only, and not an official interpretation. Legislation is subject to modification
by amendment and specific responses are to be addressed according to City process, after bid award with
specified development plans.
Question 2: RFP Section III-A(3)(a)(viii), p. 19: In this section, the City provides that "[bluildings
shall be no taller than the crown of "Marine Stadium." Could the City provide the actual
measurement (NGVD) of the crown of Marine Stadium?
Answer 2: The crown of the Marine Stadium is estimated to be approximately between 65 and 67 feet
high. It is the Proposer's sole responsibility to confirm the height of the stadium and ensure that the
development does not exceed this height according to the RFP requirements.
Question 3: RFP Section III-A(11), p. 24: The RFP provides two options to the Successful Proposer
regarding the project's parking requirements. Under the first option, the Successful Proposer may
pay into the City's Parking Trust Fund a pre -determined amount that will be used by the MPA to
build a parking facility that will accommodate the required parking spaces for the project. Under
the second option, the Successful Proposer may build the parking facility and may use the parking
garage contribution made by the Rusty Pelican. Finally, under both options, the City will be the
owner and operator of the parking facility. Based on this:
Question 3(a): Can the City confirm whether, under the second option, a Successful
Proposer that elects to use the Rusty Pelican contribution is required to build the number of
spaces specified in the Rusty Pelican lease in addition to the parking spaces required by the
RFP? If so, are these additional parking spaces for the exclusive use of the Rusty Pelican?
Alternatively, if the Successful Proposer elects not use the Rusty Pelican contribution,
please confirm that the proposer will have no obligation to provide parking spaces for the
Rusty Pelican?
Answer 3(a): The Successful Proposer that elects to build the parking, shall be required to build
the parking required for the Project as well as the parking required for the Rusty Pelican, for a
minimum of 450 spaces (220 per Rusty Pelican Lease Agreement and 230 minimum per RFP
requirements), and shall be required to convey the parking to the City for operation by the MPA.
The parking spaces for the Rusty Pelican must be made available for the Rusty Pelican per the
Page 2of12
ADDENDUM 4
REQUEST FOR PROPOSALS 16-17-011
For development and lease of Virginia Key Marina
City -owned Waterfront Property for Marina/Restaurant/Ship Store Uses
lease agreement between the City and Rusty Pelican. To be clear, there is no option to build the
parking for the Project without accounting for parking required for the Rusty Pelican and
proposing such an option may disqualify the Proposal from consideration.
Question 3(b): Under the third paragraph of this section, the City states that on -site
parking shall be: (i) available to the public; and (ii) offered at no cost to project customers.
Given that under both options the developer will not control the parking facility, please
confirm that the City and/or the MPA will provide parking at no cost to project customers?
Answer 3(b): The Successful Proposer will be required to negotiate an agreement with MPA and
the City allowing for Project customers to obtain a limited validation or reduced rate parking.
Such agreement between the Successful Proposer, MPA, and the City, shall include amounts paid
by Successful Proposer to offset costs and expenses associated with the construction and
operation of the garage (including, but not limited to, costs associated with debt service and
maintenance expenses). Please also see RFP revisions below.
Question 3(c): Please clarify what limitations, if any, a proposer will have in integrating the
MPA Parking (which, as provided in the RFP, is to be built on property not included within
the Demised Premises) into the overall project. For example, can the Proposer construct
one unified development that includes the MPA Parking (including the County deeded
land) and/or propose ancillary uses on the MPA Parking (i.e., pavilion on the rooftop of the
parking structure, retail uses along the ground floor, or use of the property or a portion
thereof for landscape and hardscape improvements). The County Deed included as an
exhibit to the RFP provides that the property can only be used for a municipal parking
garage; however, most of the existing municipal parking garages constructed by the MPA
have functional and habitable liners. Has the City requested that the County clarify what
uses, if any, may be permitted as part of a municipal parking garage?
Answer 3(c): The Successful Proposer shall comply with the deed restrictions set forth in the
deed conveying the subject MPA parking area to the City, which specifically provides that the
property "shall solely be used for the construction, operation and ongoing maintenance of a
public municipal parking garage." Please see Exhibit G for additional information. The
Successful Proposer may construct a unified development over and inclusive of the MPA Parking
area so long as the uses on the subject MPA parking area comply with the deed restrictions,
which are mandatory and absolute, and all applicable laws. The City has not requested a County
interpretation of "public municipal parking garage." Additionally, please be advised that any and
all taxes, levies, impositions, or other assessments that may become due in connection with the
parking garage, or the Proposer's use thereof, shall be the sole responsibility of the Proposer.
Question 4: RFP Section I, Boat Show, p. 7 and Section III-A(12), p. 276: The RFP requires the
Successful Proposer to grant the National Marine Manufacturer's Association ("NMAA" or "Boat
Show") access and use of a portion of the property for a total of six (6) weeks each year.
Question 4(a): Can the City provide a copy of its License Agreement with the NMAA?
Answer 4(a): The Revocable License Agreement between the City and NMMA, and the
amendments thereto, shall be posted on the RFP website simultaneously with this Addendum.
Page 3 of 12
ADDENDUM 4
REQUEST FOR PROPOSALS 16-17-011
For development and lease of Virginia Key Marina
City -owned Waterfront Property for Marina/Restaurant/Ship Store Uses
Question 4(b): Can the City confirm that the Successful Proposer will be able to satisfy this
requirement by negotiating in good faith with NMAA an access agreement that reflects the
fair market value of allowing access and use of the property?
Answer 4(b): The Successful Proposer shall be required to conform to the Revocable License
Agreement between the City and NMMA by providing access at no additional cost to NMMA.
Question 4(c): What is the extent of the use of the property that the Boat Show is entitled to
use?
Answer 4(c): The survey of the area that the Boat Show is permitted to use is attached as an
Exhibit to the Revocable License Agreement, which shall be posted on the RFP website
simultaneously with this Addendum. Please also see revisions below.
Question 4(d): If the extent of the access and use of the property required by the Boat Show
results in the construction being delayed or impacted will the City grant any extensions to
the redevelopment schedule?
Answer 4(d): The City may grant extensions to the redevelopment schedule, at the City's sole
discretion, and subject to, and in compliance with, all applicable laws and regulations.
Question 5: RFP Section III-A(3)(b)(iii), 19: Can the City please provide the map referenced in this
section showing the Historic Commodore Ralph Monroe Marine Stadium Historic Basin?
Answer 5: The map of the Historic Basin may be found within the Virginia Key Master Plan, and shall be
posted on the RFP website simultaneously with this Addendum.
Question 6: RFP Section III-A(3)(b)(v), 20 and RFP Section III-A(3)(a),19 and Appendix 11, 5: For
a number of reasons, floating concrete docks are preferable to 100% fixed concrete docks: (i) the
concrete floating docks offer the best solution to address sea level rise and the ever increasing
problems with king tides, (ii) the concrete floating docks facilitate ingress and egress from and to
the boat given that concrete floating docks move along with the boat, and (iii) concrete floating
docks improve the aesthetics of the marina since they allow a full view of the boats stationed at the
marina. The City states that while dock construction can be concrete docks or aluminum floating
docks, the City would prefer 100% "fixed" concrete docks. Would the City consider giving 100%
floating concrete docks the same level of preference as the 100% fixed concrete docks? In making
this determination, the City may want to consult with its chief resilience officer regarding the
benefits and drawbacks of each option.
Answer 6: The City shall give the same level of preference to fixed concrete docks, floating concrete
docks or any combination thereof.
Page 4 of 12
ADDENDUM 4
REQUEST FOR PROPOSALS 16-17-011
For development and lease of Virginia Key Marina
City -owned Waterfront Property for Marina/Restaurant/Ship Store Uses
Question 7: RFP (Executive Summary): The Executive Summary provides that, as a condition
precedent of the Lease, the City will seek a finding of municipal purpose or waiver of the deed
restriction. Considering the existing use of the proPerty, has the City not already received such a
finding of municipal purpose from the TIITF? If not, can the City please make available any
correspondence it may have with the TIITF related to this property?
Answer 7: Discussions with TIITF concerning a finding of municipal purpose or waiver of the deed
restriction shall depend, in part, on the Successful Proposer's Project. As a result, this question cannot be
answered in any definitive way at this time.
Question 8: RFP Section IIIA.3.b.ix, and c.iv, g.iii, 20 and 21: The referenced provisions,
respectively, require the Successful Proposer "Ip]rov►de adequate amount of transient dockage for
automated storage system," " [p]rovide for an automated dry boat storage facility, including boat
Valet services and fueling station," and "Ic]onstruct an additional fuel station in the dry boat
storage area as noted above to provide all valet services necessary for a First Class automated
facility." Taken together, is it the City's intent to require the Successful Proposer to operate an
"automated dry storage facility"? If so, how does the City define an "automated dry storage
facility"?
Answer 8: An Automated Dry Storage Facility may be defined as a dry slip storage facility that is
computerized and automated to include, but not be limited to, boating vessel storage, retrieval, and
launch.
Question 9: RFP Section III A.9, 24: The last paragraph provides for the possibility of "additional"
rent applicable to the Lease. As additional rent, the provision discusses Construction Rent and
Placeholder Rent. In Addendum No. XXI and XV of the City's 2015 Virginia Key Marina
Redevelopment RFP, the City clarified that while base rent is due upon execution of the lease, the
City will consider proposals providing for Construction Rent. The City defined Construction Rent
as an alternate plan to defer payments during the construction period. Construction Rent deferrals
could not exceed 60% of the base rent nor exceed a term greater than five (5) years. Can the City
please confirm that this is the same arrangement that the City is contemplating under Section III
A.9 of the current RFP?
Answer 9: The RFP previously issued for this Property has no weight or control whatsoever on the
subject RFP 16-17-011. For the purposes of RFP 16-17-011, Proposers may propose to pay Construction
Rent as an alternate plan to defer payments during the construction period. Construction Rent deferrals
shall be negotiated between the City and the Successful Proposer during lease negotiations.
Question 10: Under its lease with the City, Rusty Pelican is entitled to 220 parking spaces within the
New Parking Facility, 24 hours a day, at no charge. How will the City determine which spaces are
available to Rusty Pelican and which spaces are available to others? Will those 220 parking spaces
be specifically assigned to Rusty Pelican and not open for the Marina / successful proposer and
public's use?
Answer 10: Please see Answer 3(a) and Answer 3(b) above. Two Hundred and Twenty (220) spaces shall
be made available to the Rusty Pelican within the parking facility in compliance with the Lease
Agreement between the City and Rusty Pelican.
Page 5 of 12
ADDENDUM 4
REQUEST FOR PROPOSALS 16-17-011
For development and lease of Virginia Key Marina
City -owned. Waterfront Property for Mar inafRestaurant/Ship Store Uses
Question 11: Section 24 of Rusty Pelican's lease provides that the City shall make 50 parking spaces
available within the Rickenbacker Marina site for Rusty Pelican's use until such time as the New
Parking Facility is available for Rusty Pelican's use. However, Rusty Pelican's parking area as
located within the Rickenbacker Marina site is part of the RFP Property. Are proposers required
to include a plan outlining how they will provide sufficient parking spaces within the Rickenbacker
Marina site to accommodate Rusty Pelican's parking needs during the construction of the Project?
Answer 11: The City and Successful Proposer shall use best efforts to accommodate and provide
alternative locations for the fifty (50) spaces of Rusty Pelican parking during construction of the Project
in accordance with the Rusty Pelican Lease Agreement.
Question 12: We reviewed the relevant documents, as well as the tape from the July 22, 2010, City
Commission meeting, and found the following: The "Final Report" dated July 2010, which appears
to be linked to the "consensus" master plan, includes a limit of 210 wet slips (unclear if this is
specific to Rickenbacker Marina) and 700 dry racks. The Final Report is available here:
http://www.miamigov.com/planning/virginiakeymp.html. Given that this is the guidance provided
by the Virginia Key Master Plan, will a plan that exceeds this guidance be inconsistent with the
Virginia Key Master Plan and, therefore, non -responsive?
Answer 12: Please note that the Final Report dated July 2010 has not been adopted as the Virginia Key
Master Plan. The Master Plan adopted by the Miami City Commission, and approved by the Virginia Key
Advisory Board is the version included as Exhibit "D" to this RFP.
Question 13: The RFP requires the successful proposer to provide the National Marine
Manufacturers Association ("NMMA") with access to the demised premises for purposes of
conducting the annual boat show at Miami Marine Stadium. Section 17.2 of the Lease Agreement;
however, goes significantly further, providing the Lessor the right to provide "access to individuals
or entities" to conduct events on the demised premises. This broad right — granting the City the
right to allow anyone to use the property without the consent of the Lessee — is significantly
overbroad. Will the City consider limiting Section 17.2 to the matters referenced in the RFP;
namely, use by NMMA of the demised premises for boat show activities? Will the City identify
with specificity the portion of the demised premises that will be occupied by NMMA? As written,
the RFP requirement could, for example, require the Lessee to allow NMMA to use the restaurant
spaces within the demised premises or provide NMMA with the use of the wet slips for their event.
This type of occupancy by NMMA could he significantly damaging to the future business prospects
of the marina. In addition, we suggest that the obligation of the Lessee to allow use by NMMA of a
portion of the demised premises should be conditioned on NMMA entering into an agreement with
Lessee related to (i) ensuring that NMMA covers the cost of any damage resulting from their
occupancy of the demised premises, (ii) coordinating access to ensure that the operation of the
marina and restaurants are not unduly impacted by NMMA's activities, (iii) indemnifying the
Lessee for any claims asserted against Lessee resulting from the activities associated with NMMA's
activities, (iv) requiring NMMA to provide insurance naming the Lessee as an additional insured on
such policies, and (v) reasonably compensating the Lessee for the loss of revenue resulting from the
disruption in the operation of the facility.
Answer 13: Section 17.2 of the Lease agreement may be negotiated between the City and the Successful
Proposer. Please also see Answers 4(a), 4(b), and 4(c). The Access Agreement with NMMA shall
consider insurance requirements, safety, and security considerations.
Page 6 of 12
ADDENDUM 4
REQUEST FOR PROPOSALS 16-17-011
For development and lease of Virginia Key Marina
City -owned Waterfront Property for Marina/Restaurant/Ship Store Uses
Question 14: We have been provided with the map referenced in the following section of the RFP
(p. 19, Section b., iii): "No wet slips will be allowed within the Historic Commodore Ralph Monroe
Marine Stadium Historic Basin (this restriction shall not preclude the Proposer from maintaining
access reasonably necessary to support the upland dry storage facility, such as launching or staging
of vessels, and subject to the requirement to provide channel markings as specified in Section
III.A.5 below). A map of this area is on file and available from the City of Miami Historic and
Environmental Office in the City Planning and Zoning Department." The map provided shows the
entire Historic Basin, but does not delineate where the in -water dry storage staging and public boat
ramp staging will be permitted to be built. In order to allow dry storage staging and public boat
ramp staging, the development will need to include staging piers or marginal dock along the coast
line that may run north of the spoil island in the Historic Basin. Please confirm that such staging
piers or marginal docks will be permitted into the Historic Basin and that fueling will be permitted
to be included on such staging piers.
Answer 14: Per the RFP, staging piers and/or marginal docks will be permitted within the Historic Basin
for the specific purpose of accessing the dry storage facility and providing fueling services, subject to
permitting approval. Fueling may be permitted on such staging piers so long as the same is physically
connected to the upland (i.e., no free floating marina services will be permitted within the basin).
Approval shall be required from the Historic and Environmental Preservation Board (HEPB) or HEP
Officer, as applicable.
Question 15: What are the square footage limits of the retail facilities?
Answer 15: Please see Answer 1 above. Please also refer to the Master Plan's various planning principles,
Question 16: What are the square footage limits of the restaurant(s)?
Answer 16: Please see Answer 1 above. Please also refer to the Master Plan's various planning principles.
Additionally, the RFP provides that the number of restaurants provided in the Proposal shall not be
considered during evaluation. However, configuration and use of the site, including placement of
restaurants, may be considered in the overall aesthetics and functionality of the design proposed.
Question 17: What is the height of the crown of the Marine Stadium?
Answer 17: Please see Answer 2 above.
Question 18: Would a fully enclosed building for dry stacks count towards the 25% maximum
building floor area?
Answer 18: Yes.
Question 19: Who will operate Whiskey Joes after it is renovated? Is Whiskey Joes currently under
a sublease?
Answer 19: Whiskey Joes is currently under a sublease with Rickenbacker Marina, Inc., which will
terminate upon the termination of the Rickenbacker Marina, Inc., lease agreement. The Successful
Page 7 of 12
ADDENDUM 4
REQUEST FOR PROPOSALS 16-17-011
For development and lease of Virginia Key Marina
City -owned Waterfront Property for Marina/Restaurant/Ship Store Uses
Proposer may enter into a sublease or management agreement with a restaurateur or may operate the
restaurant directly.
Question 20: Please confirm whether Rickenbacker Marina Inc. is entitled to remove all supplies,
equipment, and personal property from the site.
Answer 20: According to the lease agreement with Rickenbacker Marina, Inc., title to all supplies,
furnishings, inventories, equipment and other personal property constructed or installed by Rickenbacker
Marina Inc. on the current Rickenbacker Marina lease area shall remain vested in Rickenbacker Marina
Inc., and said Lessee shall have the right to remove such items.
Question 21: Will the City allow the successful proposer to use the permanent improvements on the
Rickenbacker Marina Inc. lease area?
Answer 21: The Successful Proposer may be allowed to utilize the permanent improvements on the
Rickenbacker Marina Inc. lease area at the City's sole discretion. However, please review the various
Project Goals of the RFP, which include, but are not limited to, converting the existing facilities into a
modern world -class facility, and portraying a unified and integrated marina. Please also note the
requirement to reconstruct the two marinas into a unified marina and provide for best utilization of
available space for dry rack storage, wet slips, and/or other uses.
Question 22: Are there any permanent improvements or equipment located on the Marine Stadium
Site that the successful proposer would be able to use?
Answer 22: The Successful Proposer may be allowed to utilize the permanent improvements on the
Marine Stadium Marina site at the City's sole discretion. However, please note the various Project Goals
of the RFP, which include, but are not limited to, converting the existing facilities into a modern world -
class facility, and portraying a unified and integrated marina. Please also note the requirement to
reconstruct the two marinas into a unified marina and provide for best utilization of available space for
dry rack storage, wet slips, and/or other uses.
Question 23: What is the timeline for the selection process and approval, including Administrative
Review, Selection Committee recommendation, City Manager recommendation, and the City
Commission's review and approval or rejection?
Answer 23: The proposals are due on May 18, 2017. After this date, the administrative review,
presentations, Selection Committee recommendation, and City Manager recommendation are anticipated
to occur within the following four weeks. City Commission approval or rejection is tentatively scheduled
for July 27, 2017 in order to meet the required deadlines for the November 7, 2017 referendum.
Question 24: How will CBRE's commission be calculated?
Answer 24: CBRE's commission fee is determined according to the below schedule. The transactional
value shall be determined by calculating net present value of the lease over the firm term including fixed
escalations at a discount rate of four percent. The total commission fee shall not exceed SI,475,000.
Page 8 of l2
ADDENDUM 4
REQUEST FOR PROPOSALS 16-17-011
For development and lease of Virginia Key Marina
City -owned Waterfront Property for Marina/Restaurant/Ship Store Uses
Commission Rate
Transaction Value
3.50 %
$0 - $10M
3.00%
$10M-$20M
2.50
%
$20M - $30M
2.00
%
$30M - $50M
1.75
%
$50M - $I00M
1.50
%
$100M or greater
Question 25: The property is zoned Civic Space ("CS"), yet the proposals must include restaurants,
which require a warrant. The Request for Proposals also mentions proposed uses such as general
commercial and marine -related commercial establishments, which require an exception. In
addition, public parking, boat storage, and marine -related industrial use are prohibited. The
warrant and exception processes can have substantial associated fees and costs, and may delay
commencement of construction for certain areas. In addition, there's no guarantee that the
warrants or exceptions will be approved, which could prevent the successful proposer from
engaging in certain uses that were contemplated at the time of submittal and incorporated into the
pro formal. What action would the City be willing to take to help if zoning issues prevent the
successful bidder from building some of the facilities required by the Request for Proposals? Will
the City be willing to renegotiate base rent or some other lease terms if these issues arise?
Answer 25: Per the RFP, in the event the Successful Proposer is unable to develop any portion of the
property in the manner required by this RFP, for reasons outside of their control (such as permit denials,
regulatory denials, City Commission denials, etc.) they shall be allowed to construct the remaining
portions of the Project at the City's sole discretion. In such case the City may renegotiate a lower
minimum annual rent. However, in no event will the City accept a rent lower than fair market value, as
determined by two State -certified appraisers selected by the City.
Question 26: How many parking spaces would the successful proposer have to provide for the
Rusty Pelican?
Answer 26: Two Hundred and Twenty (220) parking spaces must be made available to the Rusty Pelican
specifically.
Question 27: Parking Garage Option 2 states that the City will allow the successful proposer to use
the parking garage contribution made by Rusty Pelican towards the construction costs of the
parking facility. What is the amount of Rusty Pelican's parking garage contribution? When would
Rusty Pelican be required to make this contribution?
Answer 27: According to the lease agreement with Rusty Pelican, as amended, Rusty Pelican must
contribute approximately $4,000,000 toward the construction of the parking facility. The amount will be
paid in installments, as specified in Amendment 3 of the Rusty Pelican lease agreement. A copy of the
Rusty Pelican lease agreement and the amendments thereto shall be posted to the RFP webpage
simultaneously with this Addendum.
Page 9 of 12
ADDENDUM 4
REQUEST FOR PROPOSALS 16-17-011
For development and lease of Virginia Key Marina
City -owned Waterfront Property for Marina/Restaurant/Ship Store Uses
Question 28: What square footage of the project site was provided to the Boat Show? Is there a
map of this area?
Answer 28: Please see Answer 4(c) above.
Question 29: When does the City anticipate that the multi -jurisdictional Virginia Key Governing
Board referenced in the Master Plan will be created? What authority would the governing board
have over the Virginia Key Marina?
Answer 29: The referenced board was established by the City Commission in 2016 and was named the
Virginia Key Advisory Board. The purpose, powers, and duties of the Virginia Key Advisory Board are
specified in Section 2-1192 of the City Code.
Question 30: Do the parcels included under this Request for Proposal qualify for any ad valorem
tax exemptions or credits? Are the subject parcels considered "public purpose" properties?
Answer 30: The portion of the Property currently operated by the City (i.e., Marine Stadium Marina) is
currently tax exempt. The portion of the Property currently operated by Rickenbacker Marina, Inc. is
currently subject to taxation. The Project will be subject to taxation, and the Successful Proposer will be
responsible for all taxes that are incurred on the property commencing on and after the Lease Effective
Date.
Question 31: Are there any historical preservation designations that affect the property? How does
the Marine Stadium's historical designation affect the Virginia Key Marina site?
Answer 31: The Marine Stadium and the Marine Stadium Basin are designated as historic, and are
therefore subject to Chapter 23 of the City Code and the Historic and Environmental Preservation Board.
While the basin may be minimally utilized in order to provide the access reasonably necessary to support
the upland dry storage facility, as further specified in the RFP, the stadium and basin are not included in
the RFP lease area. The RFP lease area is not designated historic.
Page 10 of 12
ADDENDUM 4
REQUEST FOR PROPOSALS 16-17-011
For development and lease of Virginia Key Marina
City -owned Waterfront Property for Marina/Restaurant/Ship Store Uses
RFP Revisions: The following revisions have been made to the RFP document as indicated below. Added text
is underlined and deleted text is stricken.
The following sections within Section I — Executive Summary have been changed as follows.
State Approval:
Virginia Key and tThe City -owned submerged lands included in the Property are
both subject to a "Municipal Purpose" deed restriction provided by the State of
Florida Board of Trustees of Inteznal Improvement Trust Fund ("TIITF") and are
subject to reversion to the State for violations of such deed restriction. The TIITF
deed is included in Exhibit "F" of this RFP. As a condition precedent of the
Lease, the City will seek a finding of municipal purpose or (if applicable) a
waiver of the deed restriction for the use of Virginia Key land areas and the
submerged lands for the Project. The Successful Proposer shall bear all costs,
fees, waiver payment fees, and/or any other required payments to the State in
association with the State approval process. Additionally, the Successful
Proposer shall be required to covenant that it shall not cause directly or indirectly
any action, omission, or inaction that would result in a violation of the State deed
restriction and any waiver of deed restriction requirements related thereto. The
Successful Proposer shall fully cooperate in the state approval process, if
applicable, as requested by City and/or the State.
The following sections throughout the RFP document have been changed as follows.
Section III.A.3.e. (page 22)
e. Dock Master's Office
Construct a new, multi -story dock master's office, consolidating the dock master's facility in
both marinas. The dock master's office may occupy one or more floors, and/or may be
consolidated with ancillary facilities within the same structure.
Section I11.A.11. (pages 25-26)
11. Parking Garage
Proposers shall have the options listed below regarding the parking garage and contribution.
Regardless of the option selected, on -site parking shall provide for and comply with the following
requirements: (1) on -site parking shall include the required number of spaces for the Project per
the Parking Formula ("Project Parking"); (2) the Rusty Pelican Restaurant shall be provided with
the number of spaces specified in Rusty Pelican's lease agreement with the City ("Rusty Pelican
Parking"); (3) parking shall be available to the public; (4) Project customers must may be
provided fr-ee reduced or validated parking, subject to entering into an agreement with the City
and MPA which shall include a market -based payment by Successful Proposer to offset costs and
expenses associated with the construction and operation of the garage; (5) and other requirements
the City may specify (collectively the "Parking Requirements"). Additionally, the City and
Successful Proposer will seek Rusty Pelican's input and take Rusty Pelican's requested revisions
Page 11 of 12
ADDENDUM 4
REQUEST FOR PROPOSALS 16-17-011
For development and lease of Virginia. Key Marina
City -owned Waterfront Property for Marina/Restaurant/Ship Store Uses
into consideration in the final plans and specifications for the parking garage per the City's lease
agreement with Rusty Pelican.
Notwithstanding the above, the City Charter requires all City parking facilities to be operated by
MPA, and the City will consider all proposals that incorporate all Parking Requirements, which
convey to the City ownership of the parking facilities to be built on City land by Successful
Proposer for ownership to the City and operation tell the MPA, and which satisfy all other
regulatory and governmental obligations for the site. Submittal of a proposal in response to this
RFP is recognition that the parking facilities are public facilities to be built on City -owned land,
which must be open and available to the public in accordance with Federal, State, and local
regulatory requirements.
Section III.A.12. (page 26)
12. Boat Show
The Proposal shall be compatible with the Boat Show. The Successful Proposer shall enter into an
access agreement with NMMA. In no way may the proposed Project interfere with or affect the
Boat Show, any exhibitor tents, or any of the footprint, in a manner that would cause the City to
default on the Revocable License Agreement with NMMA for the Boat Show or otherwise cause
the City to lose revenue or incur expenses as a result of reduced space provided to NMMA for the
Boat Show. If the Successful Proposer causes the City to lose revenue from the Boat Show or
incur expenses in connection therewith, the Successful Proposer shall be responsible for fully and
promptly reimbursing the City for an such revenue lost or expenses incurred.
afflowit-ef-SEitiafe-feetage-previded-te4he-goat-Frhev&by-twe-pereent-(-294-)-or--wieFe All parking
on site and other facilities shall remain open during the boat show to satisfy customers of the
Project.
All construction by the Successful Proposer shall be limited or paused to the extent necessary to
permit access and use of the Property during the Boat Show, allowing for Boat Show exhibition
space and clear walking paths to and from Boat Show exhibits.
Section III.A.19. (page 28)
19. Taxes
The Successful Proposer will not be responsible for any ad -valorem taxes, sales and use taxes, or
any other levies, governmental impositions, surcharges, fees or other taxes or assessments
associated with the Property that are due or may be owed prior to the Lease Effective Date. The
Successful Proposer will, however, be responsible for all ad -valorem taxes, sales and use taxes, or
any other levies, governmental impositions, surcharges, fees or other taxes or assessments that are
incurred commencing on and after the Lease Effective Date.
Page 12 of 12
Tit% of Altianti
May 5,2017
DANIEL J. ALFONSO
City Manager
RE: Addendum 5, Request for Proposals ("RFP") No. 16-17-011 for the development and lease of
Virginia Key Marina, a City -owned Waterfront Property for Marina/Restaurant/Ship Store uses.
Attention Registered Proposers:
This mailing is "Addendum 5" and becomes an official addendum to the RFP document.
Enclosed please find the following items:
• RFP Revisions
• Memo Attachment
Pursuant to Section 18-74 of the City Code, this solicitation is currently under the "Cone of Silence". Any
communication or inquiries, except for clarification of process or procedure already contained in the
Solicitation, were to be made in writing by mail or e-mail to the attention of the Project Manager
identified in the Solicitation, with a copy to the Broker and City Clerk on or before April 10, 2017.
Project Manager
Jacqueline Lorenzo
City of Miami I Real Estate & Asset Management
444 SW 2" a Avenue, 3 `I Floor
Miami, FL 33130
jlorenzo@miamigov.com
ec: Todd B. Hannon, City Clerk
Rafael Suarez -Rivas. Assistant City Attorney
Broker
Lee Ann Korst
CBRE I Public Institutions
311E. Park Avenue
Tallahassee, FL 32301
leeann.korst@cbre.com
ADDENDUM 5
REQUEST FOR PROPOSALS 16-17-011
For development and lease of Virginia Key Marina
City -owned Waterfront Property for Marina/Restaurant/Ship Store Uses
RFP Revisions: The following revisions have been made to the RFP document as indicated below. Added text
is underlined and deleted text is stricken.
The following sections within Section I — Executive Summary have been changed as follows.
Parking Contribution: Successful Proposer shall be required to construct sufficient parking for the
Project as determined by the Parking Formula set forth in Section III.A.11.
below. contribute a minimum of Three Million Four Hundrod and Fifty Thousand
Proposal Due Date
and Location:
garage. Actual contribution amount shall be based on the Parking Formula, as
defined below. Alternative arrangements for parking aro available, including the
potential waiver of the above mentioned parking contribution, subject to
May 18, 2017 May 24, 2017, 2:00 P.M.
Office of the City Clerk, City of Miami City Hall
3500 Pan American Drive, First Floor Counter
Miami, FL 33133
The following sections throughout the RFP document have been changed as follows.
Section III.A.11. (pages 24-26)
11. Parking Garage
The Department of Off-street Parking d/b/a the Miami Parking Authority ("MPA") operates,
manages, supervises, and directs all municipal parking and municipal parking facilities within the
City of Miami.
labeled on the ourvoy a3 "NOT A PART" Southwest of Parcel 3 ("MPA Parking"). A certain
number of spaces shall be required for the patrons of the Project and for the Rusty Pelican
fit -
The Project parking requirement will depend on the size and scope of the respective Proposal as
indicated in the following formula. The number of required parking spaces for the Project will be
based on four (4) spaces per 1,000 square feet of retail, one (I) parking space per every five (5)
boats of dry or wet storage, and eight (8) spaces for every 1,000 square feet of restaurant gross
area ("Parking Formula"). The Successful Proposer shall be required to contribute to the Parking
Trust Fund up to Fifteen Thousand Dollars ($15,000.00) (estimated to be approximately 50% of
the cost of construction) per each space required for the overall site proposal, as determined using
the Parking Formula. Please note that a minimum of 230 parking spaces shall be required for the
Project in the event the Parking Formula yields a required number of spaces less than 230.
Parking will comply with the applicable parking requirements of the Miami21 Code and the City
Code.
Proposers shall havo tho options listed bola; regarding be required to construct the parking for
the Project solely within the footprint of the Property as shown in Exhibit "A", which does not
Page 2 of 5
ADDENDUM 5
REQUEST FOR PROPOSALS 16-17-011
For development and lease of Virginia Key Marina
City -owned Waterfront Property for Marina/Restaurant/Ship Store Uses
include the parcel previously conveyed to the City by the County by Deed recorded in Official
Records Book 28636 Page 3666. + gem tiara -Re idler ofthe-option el ted, on
site The parking shall provide for and comply with the following requirements: (1) on -site
parking shall include the required number of spaces for the Project per the Parking Formula
("Project Parking") with a two hundred and thirty (230) space minimum as indicated above; (2)
the on -site parking shall include an additional two hundred and twenty (220) spaces for the Rusty
Pelican Restaurant shall bo provided with the number of spaces specified in as per Rusty
Pelican's lease agreement with the City ("Rusty Pelican Parking"); (3) parking shall be available
to the public; (4) Project customers may, at the City and MPA's discretion, be provided reduced
or validated parking, subject to entering into an agreement with the City and MPA which shall
include a market -based payment by Successful Proposer to offset costs and expenses associated
with the oonstruction ay 7 operation of the garage; (5) and other requirements the City may
specify (collectively the "Parking Requirements"). Additionally, the City and Successful Proposer
will seek Rusty Pelican's input and take Rusty Pelican's requested revisions into consideration in
the final plans and specifications for the parking garage per the City's lease agreement with Rusty
Pelican. The Successful Proposer shall further be required to comply with the Citv's obligation
per the Rusty Pelican lease agreement to provide fifty (50) spaces during construction. Please
review the Rusty Pelican lease agreement for further detail (the parking obligations are specified
within the third amendment to the Rusty Pelican lease agreement, which was attached to
Addendum 3 of this RFP). The City shall pay to the Successful Proposer the amounts received
from Rusty Pelican per the Rusty Pelican lease agreement for the construction of Rusty Pelican's
spaces.
Option 1: The Successful Proposer shall pay into a project specific parking trust fund
("Parking Trust Fund") an amount for construction of the MPA Parking at the time of
Lease execution. The MPA will use the funds contributed to the Parking Trust Fund to
Pelican restaurant. The garage shall be designed within the constraints and budget that
MPA will specify.
Tho parking contribution to be paid into the Parking Trust Fund shall be based on the
above Parking Formula. The parking contribution Shall be paid by oushior'a check or
2nd Avenue, 3rd Floor, Miami, Florida 33130 on or before execution of the Lease. This
use shall be applied to the Parking Trust Fund. The schedule and milestones for
construction of the parking garage and retail spaces by MPA will bo developed in -
conjunction with, and will be compatible with, the Successful Proposers development
plan.
Failure to pay the parking garage contribution fully and timely will be just and fair cam
for the City Commission to cancel or rescind the award to the Successful Proposer who
shall have no recourse against the City, its agencies, instrumentalities, ofpici, and
employees from such cancellation or roscizion. It is agreed and stipulated that tiri
full payment of the parking garage contribution is an express condition precedent to the
granting of and execution of the Lease.
Page 3 of5
ADDENDUM 5
REQUEST FOR PROPOSALS 16-17-011
For development and lease of Virginia Key Marina
City -owned Waterfront Property for Marina/Restaurant/Ship Store Uses
The Successful Proposer shall have no vested or reserved interest, rights, options,
City's commitment that those parking spaces will be available for monthly leases for all
of the commercial/rotail uses incorporated within the Project, at a parking rate schedule,
that reflects fair market value, whose published rates will be provided to transient
customers. Notwithstanding the above, tenants of the area (including the Rusty Pelican
and Virginia Kay Marina tenant) will be accommodated per the terms of their respective
agreements.
Option 2: The Successful Proposer's contribution to tho Parking Trust Fund may be
waived by the City if the Proposer elects to build the MPA Parking at their sole cost and
expense. The City will allow the Proposer to use the parking garage contribution made by
the Rusty Pelican towards the construction costs of the parking facility. If the Proposer
elects to build the MPA Parking, the parking structure must comply with the Parking
Requirements, tho Successful Proposer must guarantee completion, and the Successful.
Proposer must convey the parking structure to the City upon completion. Construction
and operation of the MPA Parking must be overseen and supervised by MPA, subject to a
parking development agreement to be executed by all applicable parties. Proposers may
within the marina footprint, (2) solely within the MPA Parking footprint, or (3) on a
combination of the two properties.
Notwithstanding the above, tThe City Charter requires all City parking facilities to be operated
by MPA, and the City will consider all proposals that incorporate all Parking Requirements,
which convey to the City ownership of the parking facilities to be built on City land by
Successful Proposer for operation, management and supervision by the MPA, and which satisfy
all other legal, regulatory, and governmental obligations for the site. Submittal of a proposal in
response to this RFP is recognition that the parking facilities are public facilities to be built on
City -owned land, which must be open and available to the public in accordance with. Federal,
State, and local regulatory requirements.
The Successful Proposer shall have no vested or reserved interest, rights, options, preferences, or
security in the ownership of the parking facility, other than the City's commitment that those
parking spaces will be available for monthly leases for all the commercial/retail uses incorporated
within the Project, at a parking rate schedule that reflects fair market value whose published rates
will be provided to transient customers. Notwithstanding the above, tenants of the area (including
the Rusty Pelican and Virginia Key Marina tenant) will be accommodated per the terms of their
respective executed and approved agreements.
Please note that the investment, contribution and/or any income generated from the Parking on
site shall not be considered by the Selection Committee in their evaluation of Proposals.
Therefore, clarification of ticketed Parking solutions option(s) is required, but is not a factor in
the evaluation of the Proposals.
Please also note that the MPA Parking garage is intended to be built on property deeded to the
City by the County, and that such deed has certain restrictions. Use of that portion of land for the
approving the deed and declaration of restrictions is included as Exhibit "G".
Page 4 of 5
ADDENDUM 5
REQUEST FOR PROPOSALS 16-17-011
For development and lease of Virginia Key Marina
City -owned Waterfront Property for Marina/Restaurant/Ship Store Uses
MPA may, in its polo di.scretion, oloct to build additional parking spaces beyond what is required
for tho Suocossful Proposer's Project and existing City and MPA parking obligations. Shouldtho
MPA choose to build additional parking spaces, the MPA will pay one hundred percent (100%)
of -the additional costs required for the additional spaces, as well as the cost for any ancillary use:,
incorporated in the parking facilities.
Section III.C.8. (pages 33-34)
8. Estimated Timetable
The timetable for the RFP selection process is summarized below. Note that these are tentative
dates and are subject to change at any time by the City.
Anticipated RFP Schedule
Dates
Issuance of Solicitation
February 17, 2017
Optional Pre -Proposal Submission Conference and Site Visit
March 16, 2017
Deadline for Questions
April 10, 2017
Proposal Submission Deadline
May 18, 2017
May 24, 2017
Adoption of Legislation Authorizing and Directing the City
Manager to Execute a Lease subject to Referendum approval
TBD
Referendum
TBD
Section IV.C. (page 42)
C. RECEIPT OF RESPONSES
Provide one (1) original and eighteen (18) bound copies with tabs of the signed and dated
proposal, one (1) unbound copy without tabs for possible duplication needs, as well as one (I)
electronic copy submitted on CD-ROM or Flash Drive accompanied by the required
documentation to the Office of the City Clerk, Attn: Todd B. Hannon, 3500 Pan American Drive,
First Floor, Miami, Florida 33133 no later than 2:OOPM on May 18, 2017 May 24, 2017.
Responses must be clearly marked and labeled on the outside of the envelope/package as
"Virginia Key Marina RFP No. 16-17-011" Failure to submit a Response by the due date and
time, and at the location specified above, shall result in automatic disqualification.
Page 5 of 5
CITY OF MIAMI, FLORIDA
MEMORANDUM
TO: Honorable Mayor and DATE: May 5, 2017
City of Miami Commissioners
FROM: Daniel J. Alfonso
City Manager
SUBJECT: Parcel originally conveyed by Miami -Dade County
along Rickenbacker Causeway for Municipal Parking
REFERENCES: Virginia Key Marina RFP No. 16-17-011
ENCLOSURES: N/A
Honorable Mayor and Members of the City Commission,
Please be advised that the Office of the Mayor for Miami -Dade County (the "County") has
indicated that the County will require the use of the parcel originally conveyed to the City of Miami (the
"City") for the creation of a municipal parking garage in Virginia Key. The County has specified that they
intend to use the land for the expansion of the Rickenbacker Causeway in order to accommodate the
County's plans to provide for a safe bicycle and pedestrian pathway. Accordingly, the County does not
intend to execute the corrective deed previously approved by County Resolution R-735-15, providing for
an extension of the timeframes allotted to the City to construct the municipal parking garage.
In light of the above, Request for Proposals 16-17-011 for the lease and development of City -
owned Waterfront Property for Marinas/Restaurant/Ship Store Uses located at Virginia Key (the "Virginia
Key Marina RFP") shall be revised to reflect the removal of this land for potential parking uses. Proposers
will no longer have the option to incorporate parking on the County land, and shall be required to provide
for parking within the footprint of the leasehold property, which specifically excludes the property
previously conveyed by the County. The proposal submission deadline shall be extended to May 24, 2017.
cc: Alberto Parjus, Assistant City Manager
Victoria Mendez, City Attorney
Daniel Rotenberg, Director, Real Estate and Asset Management
On:
I3ID ITEM:
AMENDED
CITY OF MIAMI OFFICE OF THE CITY CLERK
BID SECURITY LIST
Virginia Key Marina
BID NUMBER: RFP No. 16-17-011
DATE BID OPENED: May 24, 2017 TIME: 2:00 p.m.
BIDDER
BID TOTAL
BID BOND (ER)
AMOUNT
CASHIER'S
CHECK
Virginia Key, LLC (2 boxes)
See attached
See attached
GCM Contracting Solutions, Inc.
See attached
See attached
Marina Parc (2 boxes)
See attached
See attached
\
Addendum
6
aqpillirng Bid(s)
Toda\I's Da e
Received (3) bid(s) on behalf: De.t. of Real Estate & Asset Mana -ment
PREPARED BY:
Dep y City Clerk