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REQUEST FOR PROPOSALS (RFP) NO. 12-14-077
LEASE OF CITY -OWNED WATERFRONT PROPERTY
FOR MARINAS/RESTAURANT/SHIP'S STORE USES
LOCATED AT
VIRGINIA KEY
MIAMI FLORIDA
ISSUE DATE: JUNE 15, 2015
PROPOSAL DUE DATE: FEBRUARY 1, 2016
SUBJECT PROPERTY
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The City of Miami ("City"), by the issuance of this Request for Proposals ("RFP"), invites
interested proposers ("Proposers") to submit proposals for the lease of prime waterfront property
located in Virginia Key, 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 and tourists alike.
As described herein, the vision of this RFP is to help implement major components of the Virginia
Key Master Plan. The Successful Proposer will be entering 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 Rickenbacker Causeway, Miami, Florida, and more specifically
shown in the survey and legal description included as Exhibit A ("Property").
This RFP contains information regarding the Property, the project, proposal submission
requirement, and selection criteria. Proposals must comply with all submission requirements to be
eligible for consideration. All information and materials submitted will be thoroughly analyzed
and independently verified. Proposals must present a definitive proposal responding to all
requirements of the RFP.
The City will conduct a Pre -Proposal Submission Conference and Site Visit (respectively "Pre -
Proposal Submission Conference" and "Site Visit") on July 8, 2015 at the Miami Rowing Club,
3601 Rickenbacker Causeway, Miami, FL 33149 to answer questions and/or clarify the statements
and requirements contained in this RFP. Attendance at the Pre -Proposal Submission Conference
and Site Visit is optional, but highly recommended.
Proposals must be received by no later than February 1, 2016 by 2:00 PM and must be
delivered to the Office of the City Clerk (First Floor Counter), City Hall, 3500 Pan American
Drive, Miami, Florida 33133. The City will not consider late, incorrectly delivered, or
incomplete proposals.
A list of all Proposers will be made public the following business day. The successful Proposer
will be subject to the requirements of the Charter of the City ("City Charter") and Code of the City,
as amended ("City Code"). On behalf of the Mayor and City Commissioners, I welcome responsive
project proposals which will realize the full potential of this prime real estate location.
Sincerely,
Daniel J. Alfonso
City Manager
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TABLE OF CONTENTS
L EXECUTIVE SUMMARY
II. GENERAL STANDARD CONDITIONS
III. DESCRIPTION OF PROPERTY
IV. PROPOSAL OBJECTIVES
V. REQUIRED PROJECT COMPONENTS
VI. PROPOSAL SUBMISSION REQUIREMENTS
VII. REFERENDUM REQUIREMENT
VIII. LEASE TERMS
IX. EVALUATION CRITERIA
X. ANTICIPATED SELECTION SCHEDULE
XI. BID PROTESTS
EXHIBITS
EXHIBIT A
Property Survey & Legal Description
EXHIBIT B
Miami 21 Zoning Code
EXHIBIT C
Biscayne Bay Aquatic Preserves Map
EXHIBIT D
Flood Zone Map
EXHIBIT E
Virginia Key Master Plan
EXHIBIT F
Phase I Environmental Site Assessment
EXHIBIT G
Sketch of Rickenbacker Lease Area
EXHIBIT H
Miami International Boat Show Tent Layout
ATTACHMENTS
ATTACHMENT 1
Background Screening Consent Form (II(J))
ATTACHMENT 2
Registration Form
ATTACHMENT 3
RFP Checklist
ATTACHMENT 4
Proposal Summary Form
ATTACHMENT 5
Project Team Experience Forms
ATTACHMENT 6
Development Team Experience Forms
ATTACHMENT 7
Entity Certification Forms
ATTACHMENT 8
Disclosure and Disclaimer
ATTACHMENT 9
Lease Agreement
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APPENDICES
APPENDIX A
APPENDIX B
APPENDIX C
APPENDIX D
APPENDIX E
APPENDIX F
APPENDIX G
APPENDIX H
APPENDIX I
APPENDIX J
APPENDIX K
City Charter § 3 — Powers
City Charter § 29B — City -owned Property Sale or Lease — Generally
City Code § 2-612 — Conflicts of Interest
City Code § 10-4 — Building Permit Fee Schedule
City Code § 18-74 — Cone of Silence
City Code § 18-176.2 — Cone of Silence; Exceptions
City Code Ch. 23 — Historic Preservation
City Code §§ 29-81 to 29-95 — Waterfront Improvements
Miami -Dade County Code § 2-11.15 — Works of Art in Public Places
City Code § 18-73 — Procurement Definitions
City Code § 18-95 — Determination of Responsibility
Please note the materials included as Exhibits and Appendices above are included for
informational purposes only and interested proposers should not rely upon the included
information without further investigation.
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I. EXECUTIVE SUMMARY
Location 3301, 3605, 3501, 3311, & 3511 Rickenbacker
Causeway, Miami, Florida, shown respectively as
Parcels 1, 2, and 3 on the survey shown in Exhibit A,
which shall be included by way of addendum.
Project Opportunity To plan, redesign, renovate or redevelop, lease,
manage and operate a mixed-use waterfront facility
including, but not limited to, two marinas, a boatyard,
dock master's office, ship's store, dry storage, wetslip
docks, and at least one restaurant ("Project").
Required Uses Marina/boat yard with dry rack storage, new dock
master's office, ship's store, fuel stations; and wetslip
dockage facilities and a restaurant ("Required Uses").
Public Boat Ramp 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.
Marina Restrictions Vessels moored at wetslips shall be limited in size as
per applicable regulatory requirements. Marina shall
provide for a minimum of 648 dry storage racks.
Marina shall maintain the existing 190 wetslips and
build approximately 300 additional wetslips. The size
and number of any and all additional wetslips shall be
subject to all applicable rules and regulations,
including, but not limited to, zoning, permitting,
aquatic preserve limitations, and other regulatory
requirements.
The successful Proposer shall allow the NMMA boat
show event ("Boat Show") access and use of the
Property annually during the seven (7) days of the
Boat Show, inclusive of 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.
The successful Proposer shall maintain the access
road indicated as Parcel 2 in the survey of the RFP
Lease Area. The Public, including the agents,
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employees, and invitees of the adjacent Rusty Pelican
Restaurant, shall be granted access to, over, and
across the above-mentioned Parcel 2.
Parcel Size Approximately 53.49 acres, including upland and
submerged land property. The submerged land is
estimated to be approximately 43 acres. Interested
Proposers must independently verify this information.
Land Use Designation Parks and Recreation.
Zoning Designation Civic Space.
Site Master Plan Virginia Key Master Plan
Master Plan/Project Vision Development capacity and program for this site are
regulated by the City of Miami Comprehensive
Neighborhood Plan and the Miami 21 Zoning Code.
In addition, an area -wide master plan has been
adopted in principle by the Miami City Commission
that sets forth a global development vision for the
area. While still valid as a consensus document
captioning the community's aspirations for this zone,
it is the intent of this RFP to encourage an integrally
planned and designed development vision for the
Property.
Lease Term The Lease consists of a forty-five (45) year initial
term, with two (2) fifteen (15) year renewal terms.
The total term, inclusive of both renewals, cannot
exceed seventy-five (75) years. The Lessee must
request such renewal in writing at least 180 days prior
to the date any such renewal would commence or the
lessee's ability to renew is waived.
The overall lease area shall be planned and
designated in a contiguous manner, although there
may be a phased delivery of possession due to the
availability dates of each area. The first phase, which
shall pertain to the area currently operated by the City
and known as Marine Stadium Marina, shall
commence within thirty (30) days after execution of
the Lease, following the approval by referendum as
approved by the voters of the City voting in that
election ("Phase F). The second phase shall pertain
to the area currently leased by Rickenbacker Marina
Inc., as indicated in Exhibit G ("Phase IP'). Phase II
shall commence no earlier than July 7, 2016, subject
to the transfer of the area to the City, and within thirty
(30) days of such transfer.
W
The lease term specified above shall commence upon
implementation of Phase I. Phase 11 of the lease shall
be coterminous, i.e., run concurrently, with Phase I.
Lease The Lease, included herein as Attachment 9, will be
executed following the award of this RFP. Certain
provisions of the Lease shall remain non-negotiable,
including, but not limited to, any and all items
required by this RFP, as well as those provisions
relating to indemnification, hold harmless, insurance,
and guarantees.
Rents Proposers shall include a minimum guaranteed base
rent of two million one hundred and fifty thousand
dollars ($2,150,000.00) per annum ("Minimum Base
Rent,") plus a percentage rent of gross revenues of
any and all sales on the Property ("Percentage Rent").
Minimum Base Rent will be payable in monthly
installments and Percentage Rent will be computed
and paid on a monthly basis, to be paid within 15 days
into the following month. Additional Rent may be
applicable, as specified in the attached Lease.
The Successful Proposer may also be required to
provide the City with the following rents, based on the
contents of the submitted proposal:
a. Construction Rent, which shall be paid for the
appropriate period prior to project completion; and
b. Placeholder rent, which shall be paid to maintain
lease and development rights to any parcels to be
developed following the initial phase of
development, if phased development is proposed
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.
Rent Adjustment Commencing on the first anniversary of the Effective
Date of the Lease and on each anniversary thereafter
during the Initial Term, the per annum Minimum
Base Rent amount shall be adjusted to the greater of.
an increase by three percent (3%) 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.
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In no event shall any such annual adjustment to the
Minimum Base Rent result in an increase which is
less than three percent (3%), or more than Five
Percent (5%), of the Minimum Base Rent amount
immediately prior to the effective date of such
adjustment.
Parking Contribution Successful Proposer shall contribute a minimum of
three million four hundred and fifty thousand
($3,450,000.00) dollars to the construction of an
adjacent Miami Parking Authority (MPA") parking
garage. The parking garage will be a municipal
parking garage operated, directed and maintained by
the MPA. Actual contribution amount to be based on
the number of parking spaces required for the Project.
Funds are to be provided by cashier's check or money
order and delivered to the Director of Real Estate &
Asset Management upon Lease approval by public
referendum. The actual amount of parking spaces
required will be determined by the MPA and the
Planning and Zoning Director, or Zoning
Administrator.
In the event development of the aforementioned MPA
parking garage is interrupted or suspended as a result
of court order, court decree, or lis pendens entered
during the course of third -party litigation, the time
frame for which the successful Proposer must pay the
abovementioned parking funds shall be adjusted by
the City or by order of the Court.
Registration Fee Only registered Proposers may participate in this RFP
process. To register, a Proposer must submit a non-
refundable fee of $150.00 in the form of a cashier's
check, money order, or official bank check made
payable to the City of Miami and the completed
registration form by mail to the contact information
listed below.
Background Check Each Proposer shall include, upon proposal
submission, and at the Proposer's sole cost, a
complete background and credit check of the
Proposer, the proposing entity, reasonably related
entities or assigns, and its principals as well as
reference checks on the principals of every member
of the proposing entity, and or its assigns, which may
be necessary to identify all items required by this
RFP. The above-mentioned background check shall
be directed to the City of Miami Department of Real
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Estate & Asset Management in a sealed envelope
provided by and sealed by an independent and
impartial third -party company. Consent forms,
background screening and credit checks related to this
RFP will not be made Public Records. Proposers
agree not to make any claims that this background
check involves their personal history as it is required
as additional information to be used relative to the
evaluation.
Required Referendum Deposit The successful Proposer shall pay a two hundred
thousand dollar ($200,000.00) deposit ("Referendum
Deposit"). The Referendum Deposit shall be returned
to the Proposer if the City Commission does not
approve the Lease, or if the lease is not approved by
a public referendum in satisfaction of the City's
Charter requirements. If the City Commission
approves the Lease and the public referendum passes
per City Charter requirements, then the Referendum
Deposit shall be transferred to the Security Deposit.
Referendum Required Section 3(f)(iii) 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 referendum, which is presently
scheduled for August 30, 2016, but may be
rescheduled by the Selected Proposer and the City.
Security Deposit The successful Proposer shall pay an initial annual
security deposit equal to one hundred percent (100%)
of the Proposer's annual Minimum Base Rent
("Security Deposit"). At the sixth (6t') year of the
Lease, the Security Deposit shall fall to one million
and 00/100 dollars ($1,000,000.00) and shall remain
that amount until the expiration or termination of the
Lease.
Earnest Money Deposit Proposers shall provide an irrevocable/unconditional
Letter of Credit or cashier's check, drawn on a
financial institution authorized to do business in
Florida, providing one hundred thousand and 00/100
dollars ($100,000.00) to be submitted together with
the proposal. Once a Proposer has been chosen, the
Earnest Money Deposit paid by the selected Proposer
shall increase to an amount equal to ten percent (10%)
of the estimated cost of construction prior to
execution of the Lease. Earnest Money Deposits shall
be refunded to Proposers that are not selected. After
lease execution, and upon commencement of
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construction, the Successful Proposer shall be entitled
to use the entire Earnest Money Deposit toward the
construction costs for the project.
State Approval A portion of City -owned submerged lands was
granted to the City by Miami -Dade County. Another
portion of submerged lands is owned by the State of
Florida Board of Trustees of Internal Improvement
Trust Fund ("TIITF"). Should the successful
Proposer wish to use the state-owned submerged land,
the City will have to apply for state approval from
TIITF to facilitate the successful Proposer's use of
these submerged lands. With the support of the
successful Proposer and following the execution of
the negotiated Lease for the Property, and as a
condition precedent of the Lease, the City will seek a
fording of public purpose or (if applicable) a waiver
of the deed restriction must be obtained from TIITF
for the use of the state-owned lands. The successful
Proposer shall bear all costs, fees, waiver payment
fees, and/or any other required payments to the State
in association with state approval process. Failure to
pay and/or renew and lease, if applicable, any
additional submerged lands under the control of
TIITF shall result in a default of the entire Lease.
Sale of Leasehold The Lease may be assigned, sublet 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, but 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 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.
Note: All leasehold improvements shall become the
sole property of the City upon the expiration of the
Lease.
Optional Pre Proposal Submission The City will conduct a Pre -Proposal Submission
Conference and Site Visit Conference and Site Visit, which shall be held at the
Manuel Artime Theater, 900 SW 1St Street, Miami,
Florida 33130 at 10:00 a.m. on July 8, 2015.
Additional details will be published on the
Department of Real Estate & Asset Management
website and by e-mail to registered Proposers.
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Proposal Due Date and
Location
To Register and for Further
Information Contact
December 14, 2015, 2:00 P.M. (EST)
Office of the City Clerk, City of Miami
City Hall
3500 Pan American Drive, First Floor Counter
Miami, FL 33133
Jason Spalding
CBRE I Marina Services
200 East Las Olas Blvd, Suite 1620
Fort Lauderdale, Florida 33301
T: (954) 331-1719
F: (954) 468-3069
E: Jason. spaldin cbre.com
II. GENERAL STANDARD CONDITIONS
A. Cone of Silence
This RFP process is subject to Sections 18-74 and 18-176.2 of the City Code, the
"Cone of Silence," which mandates that, except for public hearings and scheduled
presentations, contact with the City regarding this RFP process or any aspect of a
proposal by the "Proposer" or their representative(s), including lobbyists, shall be
limited to written communications until such time as the City Manager recommends
a selected Proposer for City Commission consideration or the Cone of silence is
terminated by the rejection of all proposals per the "Cone of Silence". Any meetings
with City staff or agents thereof (including the CBRE representative specified
above) regarding specific plans will be prohibited by the Cone of Silence unless the
same is specifically authorized by Section 18-74 of the City of Miami Code of
Ordinances. The City shall bear no responsibility for Proposers' design, permitting,
construction, or development decisions or assumptions. All questions or requests
for additional information must be in writing by e-mail or mail to the CBRE
representative specified above with a copy to the City's Project Designee. The
request must contain the RFP title, Proposer's name, contact person name, address,
and phone number. The City shall furnish any responses to written questions or
requests through an Addendum to this RFP following receipt of the written
communication and will also be kept on file at the Office of the City Clerk.
Addenda to the RFP will be published and uploaded to the Department of Real
Estate & Asset Management's website. The deadline to receive questions regarding
this RFP is Monday, January 4, 2016.
B. Proposer's Responsibility to Investigate Project Opportunity
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 above-described Pre -Proposal Submission
Conference or the material contained herein.
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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 prospective Proposer. City -owned property is held in public trust and cannot,
by Florida law, be mortgage, pledged, liened, encumbered or subordinated in any
way as a part of the Lease; however, the leasehold interest may be pledged,
hypothecated and/or assigned for the purpose of a leasehold mortgage. Any
leasehold mortgage or debt will be reviewed and approved by the City. All
leasehold improvements shall become the sole property of the City upon the
expiration of the Lease.
C. Existing Facilities, Improvements and Required Uses
The City offers the Property and its improvements "as is, where is" for the
renovation or redevelopment, long-term lease, operation and management. The
successful Proposer shall redevelop the Property, in whole or in part, as necessary
pursuant to the Required Uses as stipulated in this RFP. All other proposed uses
shall serve to supplement rather than replace or supplant the Required Uses.
The successful Proposer shall be required to continually maintain the existing access
road leading into Rusty Pelican, and identified in Exhibit A as Parcel 2.
The successful Proposer shall further be required to design, permit, and construct a
public boat ramp and floating dock on the Property, northwest of Miami Marine
Stadium. The selected Proposer will be required to identify construction staging
areas; the City does not guarantee the availability of additional land for construction
staging. Additional City -owned lands, if located, may be offered, through a
Revocable License, for use as construction staging at additional cost.
Any and 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.
D. Existing 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, 8d'
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. The successful Proposer may relocate the
existing utilities at its sole cost and expense.
E. Environmental Conditions
The City is leasing the Property "as is, where is" without any representation
regarding its environmental condition. Proposers will have an opportunity to inspect
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the Property at the Site Visit for due diligence inspections and prior to taking
possession. The City shall provide a Phase I Environmental Site Assessment (see
report in Exhibit F). A limited Phase II Environmental Site Assessment shall be
provided by way of an addendum at a later date following publication of the RFP.
However, Proposers may 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.
The successful Proposer shall remove or remediate any hazardous materials that are
required by law to be removed or remediated for the Project.
The Property includes approximately 26.65 acres of land, including submerged
lands 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. A seagrass study
is available for review at the Department of Real Estate & Asset Management
website link for this RFP. See Biscayne Bay Aquatic Preserves Map attached hereto
as Exhibit C. Additional information may be found at
http://vrvvw.dep.state.fl.us/coastal/sites/biscayne/.
The City reserves the right to, or cause to, construct, build, operate, control, or create
an additional marina and/or mooring field within the confines of Biscayne Bay,
and/or within the Virginia Key basin adjacent to the Project, however any new
marina or mooring field shall not knowingly encroach on the Project.
F. Insurance and Indemnification
Prior to execution of a lease, the selected Proposer shall be required to provide
certificates of insurance to the City providing insurance during construction,
maintenance, and management of the Project, as approved by the City's Risk
Department, and as specified in the attached Lease. The City shall retain the right to
amend and add to the required policies and coverages in order to ensure adequate
coverage for the proposed project and corresponding lease, as determined in the sole
discretion of the City. The selected Proposer shall also indemnify the City to the
extent required for the proposed project and corresponding lease, as determined by
the Office of the City Attorney and the City's Risk Department.
G. Payment and Performance Bond
Prior to the commencement of any construction on the Property, the selected
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,
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.
H. Regulatory Process: Permitting and Licensing
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The specific plans for the renovation of this Property will require various permits
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,
health and all other applicable local, state and federal requirements.
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 from local, state, and federal agencies.
Regulatory permits may be necessary from the following agencies, including but not
limited to: Miami -Dade County Department of Permitting; Environment and
Regulatory Affairs (PERA); State of Florida Department of Environmental
Protection (DEP); and the Federal Aviation Administration.
This information is intended to help the Proposer determine the applicable
requirements and is not meant to be an exhaustive summary of all permits, licenses
and approvals required.
I. Zoning
Pursuant to the City's Miami 21 Zoning Code, the overall Property is zoned CS,
Civic Space, which is included as Exhibit B. Any details provided herein regarding
the zoning process is for convenience only and Proposers should not rely upon them.
Proposers are responsible for obtaining information directly from the appropriate
City Planning and Zoning departments as it relates to their specific plans for
redevelopment of the Property, as applicable. Any meetings with City staff
regarding specific plans shall be considered outside the Cone of Silence. Proposers
are responsible for pursuing any zoning changes and/or board or City Commission
approvals necessary to implement the concept proposed in their response to this RFP
so long as they are supported by the City as property owner and the Virginia Key
Master Plan. Proposers should not consider zoning approvals as permit approvals,
the latter which Proposer must obtain separately for each aspect of the Project.
Whenever possible, the City agrees to assist the successful Proposer with its
permitting process, providing that municipal permit fees will not be waived or
reduced.
J. 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. A Flood Zone Map is
included in Exhibit D. All structures constructed at the Property must conform to
the appropriate Flood Zone requirements.
K. Impact Fees
The successful Proposer must pay for any Impact Fees related to its improvements
to the Property. Impact fees by Code requirement must be paid prior to issuance of
a building permit.
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L. Design Review
The design of the Project shall be subject to review and approval by appropriate City
departments and/or agencies, including but not limited to certain County agencies
such as Shoreline Review Committee and the Shoreline Review Manual as set forth
in the Miami -Dade County Code.
M. Background Check
Proposers shall be required to perform, at the Proposer's sole cost, a complete
background and credit check of the Proposer, the proposing entity, reasonably
related entities or assigns, and its principals as well as reference checks on the
principals of every member of the proposing entity, and or its assigns. This shall
include any and all checks that would reveal any of the information requested in
subsection N below, Disqualification.
The background and credit check included in the proposal shall be in a sealed
envelope provided and sealed by an independent and impartial third -party company,
and directed to the City of Miami Department of Real Estate & Asset Management.
The background report shall be provided together with submission of the Proposal.
In the event the City is not satisfied with the background check provided, the City
shall be entitled to perform, or cause to be performed, an additional complete
background and credit check of the Proposer, the proposing entity, reasonably
related entities or assigns, and its principals as well as reference checks on the
principals of every member of the proposing entity, and or its assigns. Proposer
shall be responsible for any and all costs incurred by the City for this additional
background check.
Proposers must submit forms providing the City consent to conduct background
screening on the Proposer and all Proposer's principals, or reasonably related
entities and/or assignees and/or team members using the form provided in
Attachment 1 along with their proposals submission. For the purposes of this RFP,
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 shall be
automatically disqualified from further consideration in this RFP process. City for
these purposes includes any agency or instrumentality of the City.
N. Disqualification
Subject to City of Miami Code sections 18-95 and 18-107, the City shall have the
sole and absolute discretion to deem any proposal non-responsive/non-responsible
if the proposing entity 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 within the past ten (10) years; iii)
are in default under any agreement or contract with the City on the date and time the
proposal is due; iv) have caused fines penalties, fees or similar impositions to be
levied against the City; v) have any past, present or on-going litigation with the City;
vi) have filed and not prevailed in frivolous lawsuits, as that term is defined by
section 57.105, Florida Statutes as determined by a final order of the court; vii) have
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past, present or pending involuntary bankruptcies, liquidations, or foreclosures
within the past seven (7) years on projects or businesses they have owned, operated,
or controlled a majority interest (i.e., ownership of five percent (5%) or more of the
entity stock or shares); viii) have caused any city -owned land or improvements to
incur environmental damage, environmental contamination liability or any other
material liabilities; or ix) has otherwise been determined as not a responsive and/or
responsible proposer as defined by 18-73 and 18-95 of the City Code, and by the
laws of the State of Florida.
O. Failure to Disclose Information
Should a Proposer or any principals, reasonably related entities, or related assignees
fail to disclose information relating to the following: i) outstanding arrearages or
indebtedness with the City; ii) uncured defaults or failure to perform under the terms
of any agreements or contracts with the City contracts within the past ten (10) years;
iii) any default with the City under any agreement or contract on the date and time
the proposal is due; iv) any fines it caused to be levied against the City; v) any past,
present or on-going litigation with the City; vi) any litigation or legal dispute within
the past ten (10) years; vii) past, present or pending bankruptcies or foreclosures
within the past seven (7) years on any project or business owned or controlled; viii)
role in causing any city -owned land or improvements to incur environmental
damage, environmental contamination or liability or any other material liabilities,
the Proposer shall be automatically disqualified from further consideration in this
RFP process.
P. Proposal Submissions
This project has been identified by the City to be an RFP, for which review
procedures, the selection process and submission guidelines are set forth herein.
Any and all proposal submissions shall be subject to and in compliance with the
terms of this RFP. The City reserves the right to allow the City Manager to reject
any and all proposal bids.
Q. Market Value Appraisal
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." The City procured two
independent appraisals for this RFP project and thereby established the minimum
base rent and percentage rent requirements set forth herein.
Under no circumstance may the City accept a proposal falling below the fair market
value determined by the two independent state -certified appraisers. Nor shall the
City accept a proposal falling below the minimum base rent established herein for
the RFP Lease Area. The Successful Proposer's project will 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.
Notwithstanding any language within this RFP to the contrary, in the event that any
amount of land, whether upland or submerged, is not approved for use by any
applicable regulatory agency and thereby removed or excluded from the RFP Lease
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Area, fair market rental value shall be reassessed and updated by two state -certified
appraisers selected by the City; minimum base rent shall be no less than the greater
of the reassessed fair market rental values provided.
R. Administrative Review
City staff shall conduct an initial administrative review of the proposals received for
completeness and compliance with all content requirements set forth in the RFP
("Administrative Review"). During this Administrative Review, and prior to the
start of deliberations by a Selection Committee, in their sole discretion, City staff
may contact Proposers to cure non -material, non -substantive defects in any
Proposals. If notified of such a deficiency, the Proposer shall correct such
deficiency within five (5) business days of notification. Those proposals that
comply with all requirements will be deemed responsive.
S. Technical and Financial Review
The City Manager shall constitute and appoint the members of a Technical Review
Committee and a Financial Review Committee ("Review Committees") to review
proposals for purposes of feasibility related to planning and zoning restrictions and
financial capabilities respectively. The Review Committees shall each consist of
three (3) members. Reviewers may consult with other employees not on the Review
Committees to clarify technical issues and details presented. Discussions should not
reveal the Proposer's identity. The Review Committees shall report exclusively to
the Selection Committee. Review Committees shall each provide written comments
and recommendations of their findings to the Selection Committee.
T. Selection Committee
After taking into consideration the findings of the Administrative Review and the
Review Committees, the Selection Committee shall evaluate each proposal deemed
responsive.
The City Manager or his/her designee shall designate five (5) individuals who are
not part of the Administrative Review and Review Committees to serve on the
Selection Committee. The City's real estate advisor or broker shall be present
during the review by the Selection Committee, but shall not vote or otherwise act as
a member of the Selection Committee. Members of the Selection Committee shall
have experience in real estate, finance renovation projects and/or experience with
development projects of this nature. Members of the Selection Committee shall not
have any financial interest and shall not have played any role whatsoever in any
proposals being submitted for consideration to this RFP. Any such conflict of
interest will automatically disqualify the Proposer in question. The Selection
Committee shall evaluate proposals based upon the criteria contained in this RFP.
No other factors or criteria shall be used in the evaluation. The Selection Committee
shall require an oral presentation immediately followed by an interview period from
Proposers.
The Selection Committee will: (i) evaluate proposals using the Evaluation form and
may further define each of the criteria on the Evaluation form so long as it is
consistent with the information in this RFP; (ii) evaluate criteria and scoring values
assigned; and (iii) consider comments made by the Review Committees. Each
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Selection Committee Member shall determine a rank order based on allotted scores
and sign and date the Evaluation form.
U. City Manager
The Selection Committee shall elect a chair at its first meeting. The members shall
render the Evaluation forms and the chair will prepare a written recommendation
memo addressed to the City Manager. The City Manager or his/her designee
reserves the right to approve the recommendation of the Selection Committee and/or
to reject any and/or all proposals.
V. City Commission
The City Commission may accept the recommendation of the City Manager, may
reject any or all proposals, or may seek a recommendation directly from the
Selection Committee.
W. Right to Accept/Reject Proposals
The City reserves the right to accept any proposals deemed to be in the best interest
of the City, to waive any non -material irregularities in any proposals, or to reject
any or all proposals and to re -issue a solicitation. Furthermore, until such time that
the City enters into a Lease and the voters approve the Project via a referendum, the
successful Proposer shall not have any vested rights, leasehold rights or interest in
the Property, or in the Project proposed herein.
A non-responsive proposal is a proposal which does not conform in all material
respects to the RFP. A non -responsible Proposer is one that does not have the
capability in any or all respects to fully perform the requirements set forth in the
proposal or the Lease or that does not have the relevant experience, integrity and
reliability which will assure good faith performance. Thus, for example, the City
Manager may reject a proposal that has not substantiated the financial capability of
a prospective Proposer. City staff will reject any proposal deemed to be non-
responsive or not responsible.
In the event that the City is unable to negotiate a mutually acceptable Lease with the
first ranked Proposer, the City may then successively negotiate with and accept the
second or third ranked Proposers selected by the Selection Committee or terminate
the RFP process and re -issue a solicitation.
X. Negotiation and Execution of Lease
The successful Proposer shall be required to enter into a Lease with the City. The
successful Proposer shall negotiate Minimum Base Rent, Percentage Rent,
escalations, and rent commencement dates with City staff.
Y. 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 or success 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.
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III. DESCRIPTION OF PROPERTY
A. Property Boundaries
The Property includes the following addresses and folio numbers:
3301 Rickenbacker Causeway
Folio 01-4217-000-0020;
3605 Rickenbacker Causeway
Folio 01-4218-000-0010;
3501 Rickenbacker Causeway
Folio 01-4217-000-0110 (NW Parcel);
3311 Rickenbacker Causeway
Folio 01-4218-000-0030;
No Address
Folio 01-4218-000-0031; and
3511 Rickenbacker Causeway
Folio 01-4217-000-0030 (NW Parcel);
Visible landmarks include, to the northwest, Rusty Pelican Restaurant and to the
southeast, Miami Marine Stadium.
B. Existing Parking
There are two parking lots on the Property currently available for use by the
successful Proposer.
C. Parking Garage
In order to encourage and promote the economic feasibility and success of the
Project, the City believes it is in the best interest of the Project and the public to
relocate all existing on-site parking and utilize a new proposed parking garage
facility, which the MPA shall build, operate, and maintain. The garage layout will
maximize parking and its cost will not exceed thirty thousand dollars $30,000 per
space. The garage will have retail space and will be operated and managed by the
MPA.
The City shall take into consideration the Proposer's proposed location for the
parking garage. However, the ultimate location of the parking garage facility shall
be in the sole and absolute discretion of the City. The garage footprint is currently
estimated to be approximately forty-five thousand (45,000) square feet, excluding
set -backs and other restrictions.
The City will require the successful Proposer to pay into a project -specific parking
trust fund ("Parking Trust Fund") an amount for construction of the parking garage
at the time of the 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. The number of parking spaces 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.
The successful Proposer will 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, per the
ratios provided above, including the retail space in the garage itself. However, a
minimum of 230 parking spaces shall be required (for a total minimum parking
garage contribution of $3,450,000.00 to be paid by cashier's check or money order
and delivered to the Director of Real Estate & Asset Management, 444 SW 2nd
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Avenue, 3rd Floor, Miami, Florida 33130 upon effective date of the Lease). This
parking garage contribution, which shall be paid on the date of approval by public
referendum of the Lease, will be deposited into an escrow account whose designated
use shall be applied to the Parking Trust Fund.
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.
The successful Proposer will have no vested or reserved interest, rights, options,
preferences, or security in the City's parking facility, other than the City's
commitment that those parking spaces will 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. The City will provide a structure for free parking validations at the
garage for varying uses and time frames (retail, restaurant, marina, etc.) in line with
existing waterfront venues in the area. The free validation structure will comply
with the Miami 21 Zoning Code and will be established during lease negotiations
and reflected therein. 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, to be reflected in the
Lease.
The garage shall be designed within the constraints and budget that MPA will
specify. The City reserves the right at any time before and within the Project
timeline to reject the proposed design.
D. Parcel Size & Parcel Components
The Property consists of a total of 26.65 acres, inclusive of upland and submerged
land property. The submerged land is estimated to be approximately 17 acres. Sizes
must be independently verified by interested Proposers. The uplands portion of the
Property contains the following addresses and associated folios:
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);
E. Transportation Links & Accessibility
The Property is readily accessible to Brickell via Rickenbacker Causeway. Major
roadways in close proximity include US 1 and I-95.
F. Existing Facilities
The Existing Facilities include the following structures and amenities:
■ One (1) restaurant facility
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■ Permitted for 190 wet slips, boats up to 100 feet, drawing up to 9 feet
■ Permitted for 648 dry racks, including 67 covered and 233 uncovered
■ Boat launching facilities
■ Two (2) ship stores
■ Two (2) dock master's offices
■ Two (2) fuel stations
■ Showers/laundry facilities
■ One (1) Pump -out station
■ Two (2) Parking Lot(s)
■ Five (5) foot baywalk around certain portions of marina
G. Ad Valorem taxes
The successful Proposer will not be responsible for any ad -valorem taxes, or any
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 taxes that are incurred commencing on and after the Lease
Effective Date.
H. Zoning Category: CS Transect Zone
Approval Process in CS Transect Zone: Regulations for development in a CS
Transect Zone may be deviated from by process of "Exception," a public hearing
before the Planning Zoning and Appeals Board ("PZAB"), pursuant to Section
5.7.1.4 of the Miami 21 Zoning Code only if supported by the City.
Additionally, pursuant to Section 7.1.2.7 of the Miami 21 Zoning Code, any new
development (or redevelopment) in a CS Transect Zone may be allowed to apply for
a "Variance." However, the City as owner will not approve the request for a
Variance for this Property.
Depending on the scope of renovation or redevelopment, architectural components
may be subject to approval by the City's Planning and Zoning Department, the
PZAB and the City Commission.
IV. PROPOSAL OBJECTIVES
This RFP seeks to identify the proposal deemed most advantageous to the City. The
City's evaluation and review of proposals shall include, but not be limited to: the financial
returns to the City, the Proposer's experience and management history, the Proposer's and
consultant'(s) capability, the Proposer's financial ability & qualifications, the overall design
of the proposed Project, and local participation.
A. Economic Objectives
■ Increase the financial return to the City.
■ Improve the revenue-producing capacity of the marina/boatyard, restaurant
and ship's store facilities.
■ Improve the marina, restaurant and any ancillary waterfront uses and
enhance their destination market appeal to locals and tourists alike.
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■ Ensure that any proposed (optional) ancillary or complementary uses further
enhance the destination market appeal of the wider Miami and Virginia Key
community.
■ Utilize the available Property to maximize its economic potential.
B. Planning and Land Use Objectives
■ To convert the existing facility into a modern world-class facility using state-
of-the-art technology and including ancillary uses that complement the
Property's setting and geographical location, aimed to stimulate widespread
interest in the waterfront Property.
■ To provide for the development of a mixed-use marina/restaurant and
waterfront destination, portraying a unified and integrated marina that
seamlessly interacts with adjacent restaurants and facilities.
■ To 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 a clear walking passage from Marine Stadium to Rusty Pelican.
■ To promote various active, public uses of the site that will enhance the
overall public benefit derived from the property in terms of use, visibility
and financial return.
■ To provide marina/restaurant facilities that represent flexible designs and
iconic attention -grabbing buildings that function year-round for daily and
nightly activities.
■ To 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.
■ To develop a plan compatible with the Boat Show, which will not
substantially or materially interfere with the licensed uses granted to
NMMA for the Boat Show.
C. Urban Design Principles and Guidelines
■ Public access shall be paramount.
■ Proposers must assure safe pedestrian connections and ease of access
between the required facilities and the surrounding areas.
■ The architecture and landscape shall acknowledge the tropical climate of the
region and contribute to the pedestrian and civic life of the project.
■ Proposers should use the Virginia Key Master Plan as a guideline for
proposed improvements and the project's architectural/landscape features.
■ Proposers must design aesthetically attractive buffering features along the
Rickenbacker Causeway access point.
(1) Views
■ Provide optimum views of the bay from the marina facilities and
restaurant facility.
■ Emphasize views of the waterway.
(2) Access
■ Maximize public access to the waterfront.
■ Minimize pedestrian/vehicular conflict points.
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■ Interior and perimeter walkways shall be a minimum of 11 ft. width.
■ Provide required walkway width along waterfront per Miami 21
Zoning Code requirements.
■ Creative use of roadway lighting and distinctive exterior building
lighting is encouraged.
■ Improve Marina access points with aesthetically attractive buffering
features through hardscape or softscape elements.
■ Pedestrian -scale decorative lighting, low-level path and landscape
accent lighting shall be incorporated into the development.
■ All utility infrastructures shall be placed underground or within
chases below grade, where feasible.
(3) Open Spaces
■ Provide continuous public open spaces where feasible.
■ Open spaces shall 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.
D. Architecture
■ Buildings shall acknowledge the tropical climate of the region.
■ Buildings shall be no taller than the crown of the historic Miami Marine
Stadium structure.
■ Building intensity, massing and articulation shall respond to human scale
and the pedestrian realm.
■ Building fagades shall be varied and articulated to provide visual interest to
pedestrians.
■ Secondary entries from interior walkways are also encouraged.
■ Proposers should use the Master Plan as a guideline for architectural
features.
E. Landscape
■ Provide a varied and plentiful palette of tropical and Florida native plant
materials that reflect the landscape of the region.
F. Signage
■ Signage shall be designed to meet compatibility, uniformity and size
standards that do not compete with the architecture of the development.
G. Use Restrictions
■ Prohibited uses are listed in Article 4, Table 3 of the Miami 21 Zoning
Code.
V. REQUIRED PROJECT COMPONENTS
The Proposer must meet all required project components listed herein. All
improvements must be constructed at the Proposer's sole expense. 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
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discretion and pursuant to availability and at no cost to the City. The Proposer shall develop
the Project proposal taking into consideration all of the requirements listed in this RFP.
VI. PROPOSAL SUBMISSION REQUIREMENTS
A. Proposal Deadline and Format
Proposals are due at 2:00 PM on Monday, February 1, 2016, at the Office of the
City Clerk, City of Miami, City Hall, 3500 Pan American Drive, First Floor Counter,
Miami, Florida 33133. The City shall not accept any proposals after this stated
deadline or at any other City office location other than the Office of the City Clerk.
Proposals must be marked RFP Proposal for "VIRGINIA KEY MARINA RFP
NO. 12-14-077" and addressed to the attention of Todd Hannon, City Clerk. Late
or incorrectly delivered proposals will not be considered.
B. Required Proposal Copies
Proposers must submit one (1) unbound original proposal in an 81/z" x 11" format,
one (1) electronic copy submitted on a CD-ROM or USB flash drive with all
required attachments, plus twenty-two (22) copies of bound proposals in an 8-1/2"
x 11" format. Proposer should also submit one (1) original set of board -mounted
illustrative drawings not to exceed 24" x 36", (with 22 copies of the illustrative
drawings reduced to an 11 x 17 scale, the latter which shall be inserted in proposal
copies). Prospective Proposers must utilize the following outline presented in the
Table of Contents below to prepare their proposals, adding tabs and sub -tabs as
needed to all bound copies. The single unbound copy shall be submitted without
tabs to facilitate possible duplicating needs. Proposers must follow the exact
sequential order in the Table of Contents below for their narrative. A minimum font
size of 10 -point, 1 -inch margins, and single spacing shall be utilized on all text
documents submitted.
Proposers must attach all required documents listed in the Proposal Summary Form
TABLE OF CONTENTS
L EXECUTIVE SUMMARY
II. VISION, GOALS AND OBJECTIVES OF PROJECT
III. COMMUNITY BENEFITS
IV. PROJECT PLAN
V. OPERATING PLAN
VI. MARKET AND ECONOMIC FEASIBILITY
VII. FINANCIAL PLAN
VII. FINANCIAL FEASIBILITY
IX. FINANCIAL RETURN TO THE CITY
X. DEVELOPMENT ENTITY
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XI. FINANCIAL CAPACITY
XII. MANAGEMENT TRANSITION SCHEDULE
XIII. PROJECT/DEVELOPMENT SCHEDULE
XIV. REQUIRED RFP RESPONSE FORMS (ATTACHMENTS)
C. Referendum Deposit Requirements
Within five (5) business days of the City Commission approval of the award to the
successful Proposer, the successful Proposer shall make a two hundred thousand
dollar ($200,000.00) Referendum Deposit payable to the City of Miami by cash or
cashier's check. If the successful Proposer's project and lease are approved by
public referendum, this Referendum Deposit will be rolled into partial satisfaction
of the Security Deposit. The City will refund the Referendum Deposit only if the
voters do not approve the referendum to accept the successful Proposer's project.
In this instance, the Referendum Deposit will be returned within forty-five (45)
calendar days after the unsuccessful referendum vote. Except as herein provided
there will be no other recognizable claim or recourse to a return of the Referendum
Deposit.
D. Required Attachments
Proposers will be required to complete, sign and notarize (as applicable) and submit
the following Attachments, listed in the RFP Checklist along with the Proposal
Narrative:
i) Background Screening Consent Forms: Proposers must submit signed
consent forms for the Proposer and the Proposer's principals, which is
incorporated herein as Attachment 1;
ii) RFP Registration Form: Proposers must submit a copy of the RFP
Registration Form, incorporated herein as Attachment 2, along with the
$150.00 Registration Fee in order to register and obtain a copy of any
Addenda issued prior to the submission date of this RFP;
iii) RFP Checklist: Proposers must submit a RFP Checklist, included as
Attachment 3;
iv) RFP Proposal Summary Form: Proposers must submit a signed RFP
Proposal Summary Form, attached herewith as Attachment 4;
v) Project Team Experience Forms: Proposers must complete and submit
Project Team Experience Forms, attached herewith as Attachment 5, in the
manner described in Section VI(F)(13) of this RFP;
vi) Development Team Experience Forms: Proposers must complete and
submit Development Team Experience Forms, attached herewith as
Attachment 6, in the manner described in Section VI(F)(14) of this RFP;
vii) Entity Certification Forms: Proposers should select the most appropriate
Entity Certification Form, copies of which are attached as Attachment 7
herewith, which matches the legal form of their business. The Entity
Certification forms must be signed, notarized and submitted along with the
Proposer's RFP submission;
viii) Disclosure and Disclaimer: Proposers must sign, date and submit an
original of the Disclosure and Disclaimer, incorporated as Attachment 8;
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ix) Lease Agreement: Provide a filled-in copy of the Lease Agreement as
Attachment 9.
E. Deficient Proposals & RFP Modifications
Submissions received in response to the RFP shall meet all requirements specified
within the RFP. Submissions deficient in providing the required information shall
be automatically deemed non-responsive and disqualified, and shall be ineligible for
further consideration. A complete proposal submission package shall address and
conform to the requirements for Proposal Content described below. Proposers
and/or proposals which do not conform to the following requirements will be
automatically disqualified and ineligible for further consideration:
i) Proposers who are not registered or Proposers who have not paid the $150.00
Registration Fee;
ii) Proposers who have not provided satisfactory Background Check
documentation or who have not paid the fee requested for an additional
check, as applicable;
iii) Proposal narratives that exceed 50 pages (excluding required attachments
and required documentation);
iv) Proposals which do not include items VI(D)(i) through VI(D)(ix) above;
v) Proposals which do not incorporate the minimum required
renovation/developments components, including but not limited to the
construction/installation of the additional wetslips, the dock improvements,
widening of the baywalk to 11 feet, and construction of a new, multi -story
dockmaster's office; and
vi) Proposals that do not meet the minimum financial returns to the City.
F. Project Narrative — Required Proposal Content
Proposers shall provide a Project Narrative no longer than fifty (50) pages, at 10
point font (not including the required attachments, documentation or drawings).
Proposals must present a definitive project in their Project Narrative, addressing all
the narrative topics and components requested in Section VI(F)(1) through (16)
below. The Project narrative will be critically evaluated as to whether all the
submission requirements have been presented by each Proposer.
Proposals submitted in response to this RFP must include planning, design,
financing and construction of proposed improvements appropriate to the character
of the Property, the Virginia Key Master Plan and the CS Zoning category laid out
in Miami 21 Zoning Code. The successful Proposer shall be required to plan, design,
construct, lease, manage and operate the Property, at no cost to the City.
(1) Description of Proposed Facilities and Amenities: Provide a description
of the proposed facilities and amenities at the Property.
(2) Marketing Plan & Market Analysis: Proposals shall include a:
(a) Market Analysis sufficient to establish the market support for the
marina, restaurant component, ship's store and other proposed uses
based upon analysis of demand generators, competitive supply, market
pricing, competitive position and anticipated market share/capture. The
market analysis shall identify primary and secondary markets for the
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marina, restaurant, ship's store and other proposed amenities, as
applicable.
(b) Marketing Plan shall specifically provide the rationale for proposed
marketing approaches for each targeted market segment and a
description of the strategies utilized for attracting and strengthening
those markets, such as how and where the marina and restaurant facility
will be advertised, branding and themed restaurant concepts and
potential co -marketing opportunities. Specific discussion shall be
presented as to marketing strategies to attract international business,
recreational and the leisure tourist markets.
(3) Financing Plan & Financial Capacity: Proposals shall include a
financial plan, which shall provide evidence of financial capacity so that
a determination can be made that the Proposer is capable of undertaking
the Project.
(4) Recent Financing History: Proposer shall provide at least a three (3)
year financial history detailing financial soundness, financial capability,
background in obtaining complex financial commitments, specifically
detailing the type of project, financing source, amounts committed, etc.
Proposer shall detail the amount of capital, the size of the project and any
other pertinent information that will assist the City in determining the
capability, availability of equity and ability to fund the Project.
An approved lender must meet the following criteria
i) Any insurance company, bank or trust company, pension or
retirement fund or trust, governmental agency or fund, or other
financial or lending institution or other lender which is regulated
by, or makes any loans which are regulated by, state or federal
laws of the United States, provided: however, that in the case of
a first priority approved leasehold mortgage or a first priority,
approved major subleasehold mortgage, the Financial Standards
must be satisfied;
ii) Any similar type of foreign domiciled entity or institution or
other lender which is regulated by, or makes any loans which are
regulated by, the country of its domicile provided; however, that
in the case of a first priority approved leasehold mortgage or a
first priority approved major subleasehold mortgage, the
Financial Standards must be satisfied;
Any person which is listed in the "S&P 500" or the "Fortune500", or any
affiliate of such person provided that such lender continues to satisfy the
Financial Standards.
(5) Financial Feasibility & Cash Flow Analysis: The Proposer shall
include a detailed financial feasibility and cash flow analysis of the
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project. 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 rents and any other financial returns to the City
over a projected ten-year period, both on a building by building basis and
an integrated total basis over any proposed phased development
schedule. Proposers shall also include projected profit and loss runs, and
an integrated financial cash flow projection showing the phased
renovation, building, and completion schedule. The proposal shall not
depend upon any government funds; subsidies, governmental credit
enhancements, loans, loan guarantees, or other governmentally
sponsored financial mechanism.
Cash Flow Analysis: The Proposer shall also include an IRR cash flow
analysis integrating revenues, operating expenses, renovation costs, and
debt service for the renovation and building period and first ten (10)
years of the Project's operation, both on a building by building basis and
an integrated total basis over any proposed phased development
schedule. IRR Revenue projections shall be reasonable and realistic and
shall be based on relative historic data whenever possible. The analysis
shall be structured and presented in a manner which enables the testing
of alternate assumptions on the financial feasibility of the Project.
(6) Description of Proposed Improvements: The successful Proposer
must make the required improvements described below in Section VI
(F)(7) below as well as any additional proposed
renovations/redevelopment to the Property at its sole cost and expense.
Any and all improvements to the Property will require prior City consent.
Proposer shall describe any themed aspects of the proposed decor for the
restaurant component and ancillary services which are intended to
enhance the market draw to prospective patrons.
List the proposed improvements in Question VII of the Proposal
Summary Form (Attachment 4). Provide detailed illustrative drawings
that demonstrate plans to redesign, upgrade, renovate or improve the
existing facility or redevelop the Property, as well renderings and a Site
Plan as attachments to the proposal.
The Site Plan must include the following elements:
(a) Required Site Plan: Provide a site plan showing the proposed layout
of all project components, including all additional ancillary facilities
to be provided, including the size, dimensions and configuration of
buildings to be reconstructed and/or renovations.
The scale for illustrative drawings and site plans shall be as follows:
Scale for Site Plans: 1" = 40'-0"
Scale for Building Plan Elevations: 1/8"=F-011
29
(Provide elevations for all sides of the buildings)
Scale for Plans and Elevations for Building Hangars: 1/16" _
1'-0"
Scale for any Enlarged Plans of Area and Buildings: 1/8" = F-
0"
The Site Plan shall include the following elements:
Lighting: Proposers shall provide sufficient outdoor lighting for the
Property.
Signage: Proposers shall provide a comprehensive, unified signage
plan for the entire site which must comply with all Zoning
requirements.
Buffering Features: Proposers shall improve the access points from
Rickenbacker Causeway with aesthetically attractive buffering
features through hardscape or softscape elements.
(b) Required Renderings: Proposers shall provide renderings depicting
overviews of the structures and Property, including perspectives
from Rickenbacker Causeway, the waterfront, from within the
Project. Renderings should also include the architectural
elements/features, parking, open spaces, expanded baywalk and
signage.
(7) Required Redevelopment:
(a) Marina Redevelopment: The Proposer must include a detailed
redevelopment plan for the individual marina/boatyard, restaurant
and ship's store components of the Property. The successful Proposer
shall include the following improvements to maximize boating
access and transient dockage participation reflecting concepts in the
Master Plan and all applicable government regulations and agencies:
i) Reconstruct the two (2) marinas to provide for best utilization of
available space for dry rack storage, dockage and/or other uses.
ii) Construct a new, multi -story dock master's office, consolidating
the dock master's facility in both marinas.
iii) 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.
30
iv) Construct and install approximately 300 additional wetslips and
renovate the bulkhead alongside these wetslips, subject to all
applicable rules and regulations.
v) Maintain the existing 648 dry racks on-site and 190 existing
wetslips during the Lease Term.
vi) Provide an 11 foot wide baywalk in accordance with the Virginia
Key Master Plan.
vii) Plan, design, permit and construct a public boat ramp and floating
dock, which shall be to the northwest of Miami Marine Stadium,
and shall comply with the Virginia Key Master Plan.
The successful Proposer must maintain the dock/bulkhead wall
in good condition and repair for the duration of the Lease. The
successful Proposer is encouraged to contact the State of Florida
Board of Trustees of the Internal Improvement Trust Fund
("TIITF") should it wish to secure additional submerged lands
for dockage.
Proposer shall bear all costs or payments to the State in
association with state approval process. Failure to pay and/or
renew the lease, if applicable, of any additional submerged lands
under the control of TIITF shall result in a default of the entire
Lease.
(b) Restaurant Redevelopment/Renovations:
Major renovations to the restaurant are at the option of the successful
Proposer, however, the Proposer must ensure that the restaurant
facility is in full compliance with all current and applicable local,
state and federal code requirements including all applicable ADA
requirements. The successful Proposer shall maintain the restaurant
in good condition and repair for the duration of the Lease.
Proposer will construct and operate the Project at the Proposer's own
risk without benefit of financial guarantees from the City. However,
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.
(c) Public Boat Ramp
The public boat ramp and permitted floating dock shall be located on
the northwest side of Miami Marine Stadium and the successful
Proposer will be required to provide the following services:
31
■ Planning, Civil, Surveying, Demolition, Landscape and
Architectural Design Services
■ Construction Administration services to include
construction bid documents, construction monitoring,
special inspections and assist with construction close-out.
(8) Proposed Renovation/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 renovation or redevelopment of each
component. The City will require the proposed renovations/
redevelopment/reconstruction to have obtained all required permits
and commenced construction within eighteen (18) months from the
Lease Effective Date. All physical improvements for all project
components must be completed within twenty-four (24) 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 the waiver extending the abovementioned schedule
if the Selected 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 Selected
Proposer's control.
In the event the Selected Proposer has not obtained necessary building
permits within four (4) years of the effective date of the lease, the Selected
Proposer shall be required by law to obtain additional voter referendum
approval, subject to force majeure and litigation exceptions. See § 29-B,
City of Miami Charter, as amended (June 12, 2014). The City Charter
Section is available as a public record. See Excerpt from 29-B below:
Any lease for the development of improvements of city -owned
property which has been approved by voter referendum shall require
additional voter referendum approval for a development on City -
owned property where the developer has not obtained the necessary
building permits within four (4) years of the effective date of the
lease. Such section shall not be applicable when the delay in the
performance of any obligation is as a result of force majeure, or
litigation that questions the validity of the vote, or the City
Commission action to place the question for referendum, then the
performance of such obligation shall be extended by the length of the
delay.
Notwithstanding the above, proposals may put forward a phased
development schedule wherein each indicated area of development shall
become effective in phases. In such an event, the proposal must contain 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
32
and a projection of the project completion time required following the
development team receiving control of the site.
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 180 calendar days of the Lease Effective Date,
and construction must be complete within one year of the permit approval
date. City will use its best efforts to provide alternative locations which are
reasonably contiguous for the continuing operation of the facility during
renovation or redevelopment of facilities. The successful Proposer will be
able to reasonably use, on a non-exclusive basis, existing on-site parking
and parking at a proposed parking garage to be built to the south of the
City's existing Marine Stadium Marina site.
(9) 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.
(10) 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.
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 will be required to
contribute 1% of gross revenues to a Capital Infrastructure Escrow
Account (per defined escrow requirements) to fund on-going capital
infrastructures costs.
Proposers shall describe in detail all sources of operations and maintenance
funds for the Project. No government funds, subsidies, governmental
credit enhancements, loans, loans guarantees, or other governmentally
sponsored financial mechanism shall be proposed for the operation or
maintenance of the Project. The successful Proposer shall maintain the
Property in a first-class operating condition according to the acceptable
industry standards and applicable codes for each type of business aspect.
The City has the right to inspect the Property at any time and will provide
notice of any repairs that are deemed necessary to comply with the
standards stated above. If repairs have not commenced within 30 calendar
days of notice from the City, the City has the right to self -perform the
repairs and invade the security deposit for that purpose. If it becomes
33
necessary for the City to self -perform repairs, the City will prepare a cost
estimate of the work to be performed. If the cost of necessary repairs
exceeds the Security Deposit, the successful Proposer will have thirty (30)
calendar days from the receipt of notice to provide additional necessary
funds, or shall be considered a default with no cure period. This or any
other funds needed to address default conditions will be considered as
additional rent for the following applicable monthly period after the repairs
are completed and an invoice is presented, and will be used to replenish
the Security Deposit as necessary. The City may elect, at its own
discretion, to invade the Capital Infrastructure Escrow Account described
above in order to self -perform repairs.
(11) Proposer's Organizational Chart: The Proposer must provide an
organizational chart and detailed information about the Proposer,
reasonably related entities, and members of its operations and management
team who will manage and operate the marina, restaurant and other
business facilities ("Project Team") and the Proposer's team of architects,
engineers and/or general contractors ("Development Team") who shall
renovate or redevelop the Property. The organizational chart shall
graphically depict the Proposer's relationship with any parent
organization(s) and/or affiliate organizations or entities, if any, as well as
the respective operations, management and construction roles (e.g.
architect, engineer, general contractor) played by each team member or
entity comprising the Project Team or Development Team. 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 shall be automatically disqualified from further
consideration in this RFP process.
(12) Threshold Qualification Standards:
Each Proposer shall meet the following five (5) minimum requirements:
(a) Either a member of the Project Team or staff must have a minimum
of ten (10) years' experience with a marina of similar size and
complexity; a minimum of ten (10) years active experience and
responsibility for daily operations of the restaurant, as well as a
minimum of five (5) years' experience for each additional business
use proposed to be operated by the successful Proposer.
(b) Either a member of the Project Team and the Proposer (the latter as
applicable) or its staff must have played a leading role with principal
responsibility for the design of a project(s) of similar size,
complexity and constraints as the facilities and uses proposed.
(c) Any of the principals or Project Team members must have
successfully developed and obtained financing for at least one project
of similar size, complexity with similar uses and constraints. For the
purpose of this RFP "Project Team" is defined as the group of
persons managing and operating the marina and restaurant facility,
34
including the principal(s) submitting the proposal and with whom the
City would enter into a Lease for the Property, if awarded.
The Project Team or any of its principals must have secured or
provided, at minimum, twenty million dollars $20 million or more in
financing for at least one (1) single project.
(d) The Minimum Level of Investment associated with the
improvements (buildings, facilities, Parking facility, docks and
equipment) shall be twenty five million dollars ($25,000,000), which
shall include environmental remediation costs and the
aforementioned Security Deposit.
(e) Minimum Financial Returns and Non -Financial Returns to the
City: Proposals shall include a stated commitment of annual lease
payments to the City in the form of a minimum guaranteed base rent
("Base Rent") plus a percentage(s) of gross revenues ("Percentage
Rent"), 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. Proposals shall detail other
financial benefits to the City such as estimated property taxes, and
other non-financial benefits such as new jobs created. The rent shall
be inclusive of a Minimum Base Rent plus an additional amount of
Percentage Rent,the amount of which is suggested and/or proposed
below.
Proposals shall include a Base Rent, which shall be no less than two
million one hundred and fifty thousand dollars ($2,150,000.00) per
annum. Rent shall be payable in equal monthly installments. A
proposal must also provide a minimum percentage return to the City
in an amount that may be negotiated. The suggested amounts of
percentage rent are as follows: (gross revenues referenced below as
to be defined per the Lease):
■ Three percent (3%) of gross revenues for the restaurant if
operated directly by the Selected Proposer, or other
negotiated percentage of the Selected Proposer's income
from subtenant restaurant, if the restaurant is operated by a
third party;
■ Five percent (5%) for the marina operation (non -fuel);
■ Five percent (5%) on gross fuel profits (gross fuel profits
defined as gross fuel sale price per gallon minus cost of
delivered fuel per gallon);
■ Three percent (3%) for the ship's store or any other marine -
related sales other than those described above.
The Successful Proposer may also be required to provide the City with the
following rents, based on the contents of the submitted proposal:
35
a. Construction Rent, which shall be paid for the appropriate period
prior to project completion; and
b. Placeholder rent, which shall be paid to maintain lease and
development rights to any parcels to be developed following the
initial phase of development, if phased development is proposed.
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.
(13) Project Team Qualifications and Experience: Provide the legal entity
name of the Proposer and the names of all the principals having an
ownership role in this legal entity on Attachment 4 ("Proposal Summary
Form").
(a) Bio -Sketches: In the proposal narrative, Proposers shall provide
bio -sketches of each Project Team member which demonstrates that
each key Project Team member has the professional qualifications
and credentials to successfully undertake and complete a particular
project component (e.g. marina, restaurant, etc.).
(b) Minimum Qualifications: The Proposer must demonstrate that it
has the applicable number of years of experience in the management
and successful operation of marina, restaurant and any ancillary
facilities of equal size and complexity as detailed in the threshold
standards in Section VI(F)(12) of this RFP. The Proposer should
provide the overall years of experience for each project component
in narrative form and/or on Attachment 5 ("Project Team
Experience").
The Management/Operations Team as a whole must have the
requisite expertise, financial and management capability to develop
a marina/restaurant destination facility of similar scope and
complexity as identified in the project objectives.
(c) Project Team Experience Forms (Attachment 5): On Attachment
5, list the key personnel comprising the Project Team who will be
utilized in each project component (e.g. marina, restaurant, ship's
store, etc.). Provide their positions or titles on the Project Team
Experience Forms attached and incorporated herein as Attachment 5.
For each member of the Proposer, the Proposer shall complete and
provide a list of completed representative projects according to the
following criteria:
i. current project function or role, i.e., restaurant operator,
restaurant manager, restaurant owner; marina management,
marina operation, etc.;
ii. years of experience gained working on representative projects;
9141
iii. dollar ($) sales volume of business operations for these
representative projects (specifying which type of project
component, e.g. marina, restaurant, ship's store, etc.).
Unless the City Manager specifically authorizes it, Proposers
may not make any additions or modifications to the proposal
responses, nor the Project or Development Team, subsequent to
the RFP submission deadline.
(14) Development Team Composition: Proposers shall submit evidence of the
qualifications of the professional team of architect(s), engineer(s), general
contractor(s), landscape architect(s) and consultant(s) who will undertake
and complete the renovation or development of the proposed project. The
Proposer and/or its consultant(s) shall, at minimum demonstrate
professional expertise in the disciplines outlined below.
(a) Architect: The Proposer shall have at least one (1) architect licensed
and registered in the State of Florida as required by Chapter 481, Part
I, Florida Statutes, Architecture and shall have substantial experience
in the design and renovation of the specified Required Uses.
(b) Landscape Architect: The Proposer shall have at least one (1)
landscape architect licensed and registered in the State of Florida as
required by Chapter 481, Part II, Florida Statutes, Landscape
Architecture and shall have substantial experience in the design and
renovation of the specified required uses.
(c) Engineer: The Proposer shall have at least one (1) engineer, licensed
and registered in the State of Florida as required by Chapter 471,
Florida Statutes.
(d) General Contracting and/or Construction Management: The
Proposer shall have at a minimum one (1) General Contractor
licensed in the State of Florida, as required by Chapter 489 Part I,
Florida Statutes, who shall have substantial experience in managing
and performing construction of facilities of similar type and scope as
the Required Uses and ancillary facilities described in the proposal.
(15) Local Firm Participation: Proposers are encouraged to include in the
composition of the Proposer, businesses or firms that are located in the
City. A local firm or office shall be defined as a firm having its primary
business office established within the City's municipal limits. City
occupational licenses, along with the appropriate office location affidavit,
office lease, office utility payments and similar documents shall be
provided as proof of location for businesses located in the City. Please see
the definition of Local Office set forth in section 18-73 of the City Code
for the specific requirements.
KLA
For evaluation and scoring purposes, additional points shall be given to
those proposals which include one or more of the following outreach
components:
(a) To enhance local participation within the Proposer's management or
Development Team;
(b) To make special outreach efforts to include and hire local, City
residents as construction labor;
(c) Use of training skills center to facilitate local participation and hiring
in relation to leasing, management, operation and maintenance of the
facilities.
(16) Boat Show Compatibility: The proposal shall allow for and be
compatible with the Boat Show. 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. Additionally,
the structural foundations and other such improvements installed by the
Boat Show prior to execution of the Lease, shall not be removed, and shall
remain undisturbed and unaffected. Improvements will not interfere with
Structures A5 and A6, as shown in Exhibit H.
(17) Earnest Money Deposit: Proposers shall provide an
irrevocable/unconditional Letter of Credit or cashier's check, drawn on a
financial institution authorized to do business in Florida, providing one
hundred thousand and 00/100 dollars ($100,000.00) to be submitted
together with the proposal. This amount shall be refunded to Proposers
that are not selected. Once a Proposer has been chosen, the Earnest Money
Deposit shall be provided to a mutually agreed-upon escrow agent, and
shall be increased to an amount equal to an agreed-upon maximum
number, equivalent to ten percent (10%) of the total estimated cost of
construction described in the Proposal prior to execution of the Lease.
After Lease execution and upon commencement of construction, the
Successful Proposer shall be entitled to use the entire Earnest Money
Deposit toward the construction costs for the project. Construction cost for
these purposes shall mean the cost of all elements of the project designed
or specified by the Architect including at current market rates the cost of
labor and materials, with reasonable allowance for overhead and profit and
any equipment which has been designed, specified, selected or specially
provided by the Architect, but mot compensation to the Architect or design
consultants, the costs of land, rights -of —way, permitting and other
consultants.
VII. REFERENDUM REQUIREMENT
38
The Lease will not be valid until it has been presented and approved per the
requirements of the City Charter as a referendum item. The City together with the Selected
Proposer may choose to present the project by referendum during the August 30, 2016
election, during a subsequently held election, or during a special election at a cost of
approximately one million dollars ($1,000,000.00), either of which shall be at the sole cost
and expense of the Successful Proposer. If the voters reject the proposed transaction, the
Project shall be terminated. In the event of such a termination, the successful Proposer has
no vested rights, 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. There will be no
recourse from a failure to the Lease to be approved by referendum as it is a Charter
requirement. Lease negotiations must be substantially concluded in time to be considered
by the City Commission for placement on the selected election ballot.
VIII. LEASE TERMS
In order to be considered for the award of this RFP, the successful Proposer must
accept the Lease attached herewith as Attachment 9. Certain provisions of the Lease shall
remain non-negotiable, including, but not limited to, any and all items required by this RFP,
as well as those provisions relating to indemnification, hold harmless, insurance, and
guarantees. In the event of a conflict between the terms of this RFP and the form Lease
included herein as Attachment 9, the terms of this RFP shall govern, until such time that the
Lease is negotiated and executed between the parties. Once the Lease is executed, the terms
contained therein shall govern. The City may make additional changes to the Lease prior
to execution in order to ensure consistency with the terms of this RFP, subject to review
and approval by the City Attorney.
IX. EVALUATION CRITERIA
The City will use the following Evaluation Criteria and Scoring Values to evaluate
the proposals.
Criteria
Weighted
Value
Overall Project Design/Proposed Renovation and Activities & Projects
25
• Compatibility and enhancement of Master Plan features
• Compatibility between required and proposed uses.
Proposer's Team Experience, Financial Capacity & Operational History
25
• Relevant experience in all required use disciplines incorporated into
the business plan.
Management & Operational Plan
15
• Marketing Plan
• Evolving business plan
• Improved efficiencies of marina operation and site utilization
• Effective use of site during construction/redevelopment
Financial Returns to the City
j 30
39
• Reasonableness of Revenue Forecasts (based on applicable historic
Dates
data when available)
June 15, 2015
• Highest projected return to the City.
July 8, 2015
• Highest Minimum Base Rent to the City.
Extent of Local Participation
5
• Hiring of City residents
February 1, 2016
• Use of City contractors
TBD
• Local Firm Participation
Total
100
X. ANTICIPATED SELECTION SCHEDULE
Anticipated Selection Schedule
Dates
RFP Available to Public/Date of Issuance
June 15, 2015
Optional Pre -Proposal Submission Conference
July 8, 2015
and Site Visit
Deadline for Questions
January 4, 2016
Proposal Submission Deadline
February 1, 2016
Recommendation from the City Manager to City Commission
TBD
Adoption of Legislation Authorizing Exclusive Lease
Negotiations
TBD
XI. BID PROTESTS
In accordance with City Code Section 18-72(b)(2), real property is specifically
excluded from the provisions of Chapter 18, Finance, Article III, City Procurement
Ordinance. However, Proposers wishing to protest this RFP solicitation must follow the
procedures below.
1. Protest of Solicitation.
Any prospective proposer who perceives itself aggrieved in connection with the
solicitation of the RFP, may file a written protest to the Director of Real Estate &
Asset Management, City of Miami, 444 SW 2nd Avenue, 3rd Floor, Miami, FL.
33130 by U.S. mail return receipt requested or by email via
abustamante@miamigov.com. A written notice of intent to file a protest shall be
filed with the Director of Purchasing within three (3) business days after the Request
for Proposals is published in a newspaper of general circulation. A notice of intent
to file a protest is considered filed when received by the Director of Real Estate &
Asset Management.
2. Protest of Award.
40
Any actual proposer who perceives itself aggrieved in connection with the
recommended award of Contract may protest to the Director of Real Estate & Asset
Management. A written notice of intent to file a protest shall be filed with the
Director of Real Estate & Asset Management within three (3) business days after
receipt by the proposer of the notice of the City Manager's recommendation for
award of a Lease. The receipt by proposer of such notice shall be confirmed by the
City by electronic mail or U.S. mail, return receipt requested. A notice of intent to
file a protest is considered filed when received by the Director of Real Estate &
Asset Management.
The written protest may not challenge the relative weight of the evaluation criteria
or the formula for assigning points in making an award determination. The written
protest shall state with particularity the specific facts and law upon which the protest
of the solicitation or the award is based, and shall include all pertinent documents
and evidence and shall be accompanied by the required Filing Fee as defined in
subsection (f) below. This information shall form the basis for review of the written
protest and no other facts, grounds, documentation or evidence not contained in the
protester's submission to the Director of Real Estate & Asset Management at the
time of filing the protest shall be permitted in the consideration of the written protest.
No time will be added to the above limits for service by mail. In computing any
period of time prescribed or allowed by this section, the day of the act, event or
default from which the designated period of time begins to run shall not be included.
The last day of the period so computed shall be included unless it is a Saturday,
Sunday or legal holiday in which event the period shall run until the next end of
business day.
3. Authority to resolve protests.
The Director of Real Estate & Asset Management shall have the authority, subject
to the approval of the City Manager and City Attorney, to settle and resolve any
written protest. In cases exceeding $25,000 the decision of the Director of Real
Estate & Asset Management, after a favorable recommendation by the City Manager
and City Attorney, will be submitted to the City Commission for approval or
disapproval.
4. Compliance with filing requirements.
(a) Filing a Protest. Failure of a party to timely file either the notice of intent to
file a protest or the written protest, together with the required Filing Fee as
provided in Section (d) below, with the Director of Real Estate & Asset
Management within the time provided in Section I and 2 above, shall
constitute a forfeiture of such party's right to file a protest pursuant to this
section. The protesting party shall not be entitled to seek judicial relief
without first having followed the procedure set forth in this section.
(b) Stay of Award During Protests. Upon receipt of a written protest filed
pursuant to the requirements of this section, the City shall not proceed further
with the solicitation or with the award until the protest is resolved by the
Director of Real Estate & Asset Management or the City Commission as
provided in Section 3 above, unless the City Manager makes a written
41
determination that the solicitation process award must be continued without
delay in order to avoid an immediate and serious danger to the public health,
safety or welfare.
(c) Costs. All costs accruing from a protest shall be assumed by the protestor.
(d) Filing Fee. The written protest must be accompanied by a filing fee in the
form of a money order or cashier's check payable to the City in an amount
equal to one percent of the amount of the proposed Bid, or $5,000.00,
whichever is less. The filing fee shall guarantee the payment of all costs
which may be adjudged against the protestor in any administrative or court
proceeding. If a protest is upheld by the City Manager, Director of Real
Estate & Asset Management and/or the City Commission, as applicable, the
filing fee shall be refunded to the protestor less any costs assessed under
Section (c) above. If the protest is denied, the filing fee shall be forfeited to
the City in lieu of payment of costs for the administrative proceedings.
CAW
—KAA or
Tomas Regalado, Mayor
Wifredo (Willy) Gort, Commissioner (District 1)
Marc D. Sarnoff, Commissioner (District 2)
Frank Carollo, Commissioner (District 3)
Francis Suarez, Commissioner (District 4)
Keon Hardemon, Commissioner (District 5)
Daniel J. Alfonso, City Manager