HomeMy WebLinkAboutDraft Request for ProposalsREQUEST FOR PROPOSALS
(RFP NO. XX -XX -XXX)
FOR
LEASE OF CITY -OWNED WATERFRONT PROPERTY
FOR MARINAS/RESTAURANT/SHIP'S STORE USES
LOCATED AT
VIRGINIA KEY,
MIAMI, FLORIDA
RFP Distributee[ By:
CITY OF MIAMI
DEPARTMENT OF REAL ESTATE AND
ASSET MANAGEMENT
ISSUE DATE:
PROPOSALS DUE DATE:
Cite of tend
, 20l 6
Ladies and Gentlemen:
The Department of Real Estate and Asset Management ("DREAM") for the City of Miami
("City") does hereby issue the attached Request for Proposals ("RFP") for the 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").
The City hereby requests that Proposers submit a proposal package including all of the
items requested in this RFP. This RFP contains information regarding the Property, submission
requirements, and selection procedures. Carefully review all enclosed documents. 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 build -out program, completion schedule, financial plan, design, and proposal
responding to all requirements of this RFP to form the basis for selection by the City.
Proposals must be delivered to the Office of the City Clerk (First Floor Counter), City
Hall, 3500 Pan American Drive, Miami, Florida 33133, by 2:00 PM, on . Late or
incomplete proposals will not be considered. A list of all Proposers will be made public the
following day. The successful proposal will be subject to the requirements of the Charter and
Code of the City. On behalf of the City of Miami Mayor and Commissioners, I welcome
responsive proposals that will realize the full potential of this prime real estate location.
Sincerely,
Daniel J. Alfonso
City Manager
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TABLE OF CONTENTS
I. EXECUTIVE SUMMMARY
II. GENERAL TERMS AND CONDITIONS
III. SPECIAL CONDITIONS
A. PROPOSED PROJECT
B. THE PROPERTY
C. SELECTION PROCESS AND CONTRACT A WARD
D. LEASE
E. BACKGROUND CHECK/DISQUALIFICATION
IV. TECHNICAL SPECIFICATIONS
A. PROPOSAL REQUIREMENTS & FORMAT
B. DEADLINE FOR RECEIPT OF INFORMATION 1 CLARIFICATION
C. RECEIPT OF RESPONSES
EXHIBITS & APPENDICES
EXHIBIT "A" LEGAL DESCRIPTION & SURVEY
EXHIBIT "B" MIAMI 21 ZONING CODE: CS CIVIC SPACE
EXHIBIT "C" DRAFT LEASE & DEVELOPMENT AGREEMENT
EXHIBIT "D" VIRGINIA KEY MASTER PLAN
EXHIBIT "E" ENVIRONMENTAL SITE ASSESSMENTS
EXHIBIT "F" MIAMI INTERNATIONAL BOAT SHOW TENT LAYOUT
APPENDIX I RFP NO. XX -XX -XXX CHECKLIST
APPENDIX II REGISTRATION FORM
APPENDIX III RFP PROPOSAL SUBMISSION FORM
APPENDIX IV BUSINESS TEAM EXPERIENCE
APPENDIX V DEVELOPMENT TEAM EXPERIENCE
APPENDIX VI ENTITY CERTIFICATE OF AUTHORITY
APPENDIX VII DISCLOSURE/DISCLAIMER FORM
APPENDIX VIII INSURANCE REQUIREMENTS
APPENDIX IX CONSENT FORMS
APPENDIX X NON -COLLUSION AFFIDAVIT
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REQUEST FOR PROPOSALS
VIRGINIA KEY MARINA
(RFP No. XX -XX -XXX)
I. EXECUTIVE SUMMMARY
Opportunity: The City is seeking responsive proposals from qualified Proposers willing to plan,
redesign, renovate and redevelop, lease, manage and operate a mixed-use
waterfront facility including, but not limited to, a marina, boatyard, dock master's
office, ship's store, dry storage, wet slip docks, and at least one restaurant
("Project").
Location: 3301, 3605, 3501, 3311, & 3511 Rickenbacker Causeway, Miami, Florida,
shown respectively as Parcels 1, 2, and 3 on the survey included herein as Exhibit
"A" ("Property").
Property Size: Approximately 26.65 acres, including upland and submerged land property. The
submerged land is estimated to be approximately 17 acres.
Zoning: Development capacity and program for this site are regulated by the City of
Miami Comprehensive Neighborhood Plan and the Miami 21 Zoning Code. The
applicable zoning designation is CS Civic Space Zone according to the Miami 21
Zoning Code.
Condition of
Property: The Property and its improvements are offered "AS IS, WHERE IS" by the City.
No representations or warranties whatsoever are made as to its condition, state or
characteristics. EXPRESSED WARRANTIES AND IMPLIED WARRANTIES
OF FITNESS FOR A PARTICULAR PURPOSE OR USE AND
HABITABILITY ARE HEREBY DISCLAIMED. IMPLIED WARRANTIES
OF MERCHANTABILITY AND/OR SUITABILITY ARE HEREBY
DISCLAIMED. No representation whatsoever is made as to any environmental or
soil matter.
Taxes, Impositions: The Proposer selected ("Successful Proposer") is responsible for all taxes and
assessments due on the Property. The Successful Proposer shall be required to
pay for any survey(s), site plans and application fees required for the
implementation of the Project. The Successful Proposer shall be responsible for
payment in lieu of taxes ("PILOT") during the term of the Agreement in the event
the Property becomes exempt from ad valorem real estate taxes.
State Approval: The City -owned submerged lands included in the Property are subject to a "Public
Purpose" deed restriction provided by the State of Florida Board of Trustees of
Internal Improvement Trust Fund ("TIITF"). As a condition precedent of the
Lease, the City will seek a finding of public purpose or (if applicable) a waiver of
the deed restriction for the use of the submerged lands. The successful Proposer
shall bear all costs, fees, waiver payment fees, and/or any other required payments
to the State in association with state approval process.
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Master Plan: 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 for the Property.
Lease: The lease agreement included herein as Exhibit "C" ("Lease") shall be executed
following the award of this RFP. Certain provisions of the Lease shall remain non-
negotiable, including, but not limited to, items specifically required by this RFP,
as well as indemnification, hold harmless, insurance, and guarantees.
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, may not exceed
seventy-five (75) years ("Lease Term"). The Project shall be planned in a
contiguous manner, although there may be a phased delivery of possession. The
Lease Term shall commence upon implementation of the first phase. Subsequent
phases of the lease shall run concurrently with the initial phase.
Rent
Requirements: RFP responses shall include a minimum base rent equal to or greater than
, annually ("Base Rent"). Commencing on the first anniversary of the
Effective Date of the Lease and on each anniversary thereafter during the Initial
Term, the per annum Base Rent amount shall be adjusted to the greater of. an
increase by one percent (1%) of the previous year's Base Rent, or an increase
based on the amount indicated by the Consumer Price Index as of three (3) months
prior to the beginning of the applicable adjustment date. In no event shall any such
annual adjustment to the Base Rent result in an increase which is less than one
percent (]%), or more than Five Percent (5%), of the Base Rent amount
immediately prior to the effective date of such adjustment.
Additionally, Proposals must provide that the City shall receive a percentage rent
equal to or greater than of gross revenues received from the
operations of the Project ("Participation Rent"). Additional rent may be
applicable, as negotiated and specified in the Lease.
Parking Contribution: Successful Proposer shall contribute a minimum of three million four hundred and
fifty thousand ($3,450,000.00) dollars to the construction of an adjacent municipal
parking garage ("City Parking"). The City Parking will be a municipal parking
garage operated, directed and maintained by the Miami Parking Authority
("MPA"). Actual contribution amount to be based on the number of parking
spaces required for the Project. Alternatively, the Successful Proposer may
provide its own Proposer Parking or may construct and operate the City Parking
itself, subject to additional restrictions specified below.
Earnest Money
Deposit: The Successful Proposer shall provide an irrevocable/unconditional Cashier's
Check, drawn on a financial institution authorized to do business in Florida (or
may do the same by wire transfer or similar means), providing for Two Million
Dollars ($2,000,000), which shall be due upon execution of the Lease.
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Referendum Deposit: 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. The Successful Proposer shall pay a two hundred
thousand dollar ($200,000.00) deposit in order to place the lease terms on the
ballot for approval. ("Referendum Deposit") after receiving approval by the City
Commission, Any unused portion of the Referendum Deposit shall be returned to
the Successful Proposer. In the event additional funds are required to place the
question on the ballot, the Successful Proposer shall be required to provide the
same to the City within days' written notice.
Wet & Dry Storage: Vessels moored at wet slips shall be limited in size as per applicable regulatory
requirements. The marina shall provide for a minimum of dry storage
racks. Marina shall have a minimum of wet slips. The size and number of
any and all additional wet slips shall be subject to all applicable rules and
regulations, including, but not limited to, zoning, permitting, aquatic preserve
limitations, and other regulatory requirements.
Access Road: The successful Proposer shall either: (1) maintain the access road indicated as
Parcel 2 in the survey attached as Exhibit "A"; or (2) provide an alternative access
road in a substantially similar vicinity as that indicated as Parcel 2 in the survey
attached as Exhibit "A". The Public, including the agents, employees, and invitees
of the adjacent Rusty Pelican Restaurant, shall be granted access to, over, and
across the above-mentioned access road.
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.
Boat Show: The successful Proposer shall allow the NMMA boat show event ("Boat Show")
access and use a portion 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 (G) weeks. This
restriction shall be coterminous with the Lease for as long as the Boat Show is
held at Virginia Key.
Registration Fee: Only those Proposers who register can participate. For registration as an official
Proposer and to receive a complete RFP package and RFP addenda as they are
published, Proposer must submit a non-refundable fee of $150.00, in the form of a
cashier's check, money order, or official bank check, payable to the "City of
Miami".
Proposer Entity: At the time of submission of the RFP responses, the Proposer must be a business
entity (i.e., Partnership, Limited Liability Company, Corporation etc.) authorized
to do business in the State of Florida, Miami -Dade County and the City of Miami
under the Proposer entity's legal name. Any person(s) included in Appendix III
("RFP Proposal Submission Form") may not be substituted or withdrawn from
participation after the Submission Date unless the City Manager specifically
authorizes in writing a request for substitution.
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Background Check: Each Proposer, including the principals thereof, shall be subject to a background
and credit check, which may be necessary to determine responsibility and
responsiveness to all items required by this RFP.
Pre -Proposal
Conference and
Site Visit: The City may conduct a Pre -Proposal Submission Conference and Site Visit on a
date and time treat is yet to be determined. In the event of such Conference, notice
of the date, time, and location shall be posted by Addendum and sent to all
registered proposers.
Registration Contact: 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.spalding cr,cbre.com
Proposal Due Date
and Location: , 2:00 P.M.
Office of the City Clerk, City of Miami City Hall
3500 Pan American Drive, First Floor Counter
Miami, FL 33133
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II. GENERAL TERMS AND CONDITIONS
A. Definitions
1. Bid/Proposal — shall refer to any offer(s) submitted in response to this solicitation.
2. Bidder/Contractor/Proposer — shall refer to anyone submitting a Bid in response to this
solicitation.
3. Bid Solicitation — shall mean this solicitation documentation, including any and all addenda.
4. Solicitation Submittal Forms — must be completed and submitted with Bid.
5. City — shall refer to the City of Miami, Florida
6. DREAM shall refer to City of Miami Department of Real Estate and Asset Management.
7. Registered Vendor — shall refer to a firm that has submitted a complete Registration Form.
8. Successful Bidder/Proposer — shall mean the Bidder(s)/Proposer(s) recommended for award.
B. Instruction to Bidders
1. Bidder Qualification and Registration
It is the policy of the City to encourage full and open competition among all available qualified
vendors. To be eligible for award of a contract, Bidders must register by submitting a
completed Registration Form and providing a fee of one hundred and fifty dollars ($150) in the
form of a cashier's check, money order, or official bank check.
2. Public Entity Crimes
To be eligible for award of a contract, firms wishing to do business with the City must comply
with Section 287.133(2)(a), Florida Statutes, which provides that a person or affiliate who has
been placed on the convicted vendor list following a conviction for a public entity crime may
not submit a Bid on a contract to provide any goods or services to a public entity, may not
submit a Bid on a contract with a public entity for the construction or repair of a public
building or public work, may not submit Bids on leases of real property to a public entity, may
not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a
contract with any public entity, and may not transact business with any public entity in excess
of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY
TWO for a period of 36 months from the date of being placed on the convicted vendor list.
3. Request for Additional Information
i. Cone of Silence: Pursuant to Section 18-74 of the City Code, all Bid Solicitations, once
advertised and until an award recommendation has been forwarded to the appropriate
authority are under the "Cone of Silence". Any communication or inquiries, except for
clarification of process or procedure already contained in the solicitation, are to be
made in writing to the attention of the Project Manager identified in the Bid
Solicitation with a copy sent to the City Clerk.
ii. Addenda: DREAM may issue an addendum in response to any inquiry received, prior to
Bid receipt and opening, which changes, adds to or clarifies the terms, provisions or
requirements of the Solicitation. The Bidder should not rely on any representation,
statement or explanation whether written or verbal, other than those made in this Bid
Solicitation document or in any addenda issued. Where there appears to be a conflict
between this Bid Solicitation and any addenda, the last addendum issued shall prevail.
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It is the Bidder's responsibility to ensure receipt of all addenda, and any accompanying
documentation.
4. Bid Solicitation and Bidders' Responsibilities
It is the responsibility of the Bidder to become thoroughly familiar with the Bid requirements,
terms, and conditions of this solicitation. Pleas of ignorance by the Bidder of conditions that
exist or that may exist will not be accepted as a basis for varying the requirements of the City,
or the compensation to be paid by the Bidder. This solicitation is subject to all legal
requirements contained in the applicable City Charter and City Code provisions, as well as all
applicable County, State, and Federal laws. It is the responsibility of the Bidder/Proposer,
prior to conducting any lobbying regarding this solicitation to file the appropriate form with the
City Clerk stating that a particular lobbyist is authorized to represent the Bidder/Proposer. The
Bidder/Proposer shall also file a form with the City CIerk at the point in time at which a
lobbyist is no longer authorized to represent said Bidder/Proposer. Failure of a
Bidder/Proposer to file the appropriate form required, in relation to each solicitation, may be
considered as evidence that the Bidder/Proposer is not a responsible contractor.
S. Change or Withdrawal of Bids
i. Changes: Prior to the scheduled Bid receipt and opening, a Bidder may change its Bid by
submitting a new Bid. No material changes to a Bid will be accepted after Bid closing.
ii. Withdrawals: A Bid shall be irrevocable unless the Bid is withdrawn as provided herein.
A bid may be withdrawn one hundred -eight (180) days after the Bid has been received
and opened and prior to award, by submitting a letter to the Project Manager identified
in this Bid Solicitation. The withdrawal letter must be on company letterhead and
signed by an authorized agent of the Bidder.
6. Conflicts within Bid Solicitation
Where there exists a conflict between the General Terms and Conditions, Special Conditions,
the Technical Specifications, or any addendum issued, the order of precedence shall be: the last
addendum issued, the Technical Specifications, the Special Conditions, and then the General
Terms and Conditions.
C. Preparation of Bids
1. Registration Form -- Bidders are required to register in the manner indicated above, in order
to respond to solicitations issued by DREAM.
2. Solicitation Submittal Forms — the Bid Submission Form and all other required solicitation
documents define requirements of the solicitation, and must be completed and submitted as
outlined within the solicitation. Use of another form may result in rejection of Bidder's offer.
3. Authorized Agent — An authorized agent of the Bidder's firm must sign the Proposal
Submission Form and submit it together with the Bid.
4. Conditions — The Bidder may be considered non-responsive if bids are conditioned to
modifications, changes, or revisions to the terms and conditions of this solicitation.
S. Alternate Bids — Bidders may submit alternate Bid(s) for the same solicitation provided that
such offer is allowable under the terms and conditions. The alternate Bid must meet or exceed
minimum requirements and must be submitted by separate submittal marked "Alternate Bid".
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6. Price Discrepancies — where there is a discrepancy between the prices offered within the Bid,
the prices or amounts that would provide the greatest return to the City shall prevail.
D. Cancellation of Bid Solicitation
The City reserves the right to cancel, in whole or in part, any solicitation when it is in the best interest
of the City. The City shall have the sole and absolute discretion to determine which actions are in the
best interest of the City.
E. Award of Bid Solicitation
1. Generally — This Bid may be awarded to the responsible Bidder meeting all requirements as
set forth in the solicitation. The City reserves the right to reject any and all Bids, to waive
irregularities or technicalities and to re -advertise for all or any part of this Bid Solicitation as
deemed in its best interest. The City shall be the sole judge of its best interest.
2. Multiple Components -- When there are multiple projects or components within a single
solicitation, the City reserves the right to award on an individual project/component basis, any
combination of projects/components, based on the total greatest financial return to the City or
in whichever manner deemed in the City's best interest.
3. Unreasonable Offers — The City reserves the right to reject any and all Bids if it is determined
that prices are insufficient, best offers are determined to be unreasonable, or it is otherwise
determined to be in the City's best interest to do so.
4. Negotiations — The City reserves the right to negotiate price with the bidder providing the best
financial return to the City, provided that the solicitation's scope of work and/or minimum
requirements remains the same.
5. Qualified Bidders — Award of this Bid Solicitation will only be made to firms that have
completed the Registration Form and satisfy all necessary legal requirements to do business
with the City.
6. Contractor Responsibility — Pursuant to City Code Section 18-120, the Bidder's performance
as a prime contractor or subcontractor on previous City contracts shall be taken into account
in evaluating the Bid received for this Bid Solicitation.
7. Award Information — To obtain a copy of the Bid tabulation, upon notice of Award
Recommendation, Bidder(s) may request bid tabulations or other award information by
contacting the contact person outlined within the solicitation.
8. Contract — The Bid Solicitation, any addenda and/or properly executed modifications, and the
subsequent agreement(s) shall constitute the resultant contract.
9. Required Documentation — Award of this Bid may be predicated on compliance with and
submittal of all required documents as stipulated in the Solicitation.
10. Request for Additional Information — The City reserves the right to request and evaluate
additional information from bidders after the submission deadline as the City deems necessary.
F. Bid Bond/Bid Security
A cashier's or certified check, or a Bid Bond signed by a recognized surety company that is licensed to
do business in the State of Florida, payable to the City of Miami, for the amount bid is required from
all bidders/proposers, if so indicated under "Special Conditions" or "Technical Specifications". This
check or bond guarantees that a bidder/proposer will accept the order or contract/agreement, as
bid/proposed, if it is awarded to bidder/proposer. Bidder/Proposer shall forfeit bid deposit to the City
should City award contract/agreement to Bidder/Proposer and Bidder/Proposer fails to accept the
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award. The City reserves the right to reject any and all surety tendered to the City. Bid deposits are
returned to unsuccessful bidders/proposers upon demand within ten (10) days after the award and
successful bidder's/proposer's acceptance of award. If ninety (90) days have passed after the date of
the formal solicitation closing date, and no contract has been awarded, all bid deposits will be returned
upon demand.
Failure to execute an Agreement and/or file an acceptable Performance Bond, when required, as
provided herein, shall be just cause for the annulment of the award and the forfeiture of the Bid
Security to the City, which forfeiture shall be considered, not as a penalty, but in mitigation of damages
sustained. The amount of the Bid Deposit or Bid Bond shall be a liquidated sum, which shall be due in
full in the event of default. Award may then be made to the next lowest responsive,. responsible Bidder
or Proposal most advantageous to the City or all responses may be rejected.
G. Responsive/Responsible Proposers
Subject to City of Miami Code sections 18-95 and 18-107, the City shall have 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 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 local improvements, upland, or submerged land to incur enviromnental
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.
Similarly, any Proposer, or its principal(s) that is determined by a court of competent jurisdiction or
administrative agency, to have caused any liability or damage to the City, directly or indirectly, shall be
immediately responsible for payment of the judgment or fines. If the Proposer or its principal does not
pay the judgment or fines, within thirty (30) days after the date of the City's written notice, either
during the solicitation process or anytime during the term of any agreement awarded pursuant to this
solicitation, the Proposer shall be immediately disqualified and any Agreement shall be immediately
terminated, with no other cure rights. In such event, the City shall immediately own any improvements
built on the Property, with no responsibility, financial or otherwise, to the Proposer.
H. Bid Protest
A recommendation for contract award or rejection of award may be protested by a Bidder in
accordance with the procedures contained in Section 18-104 of the City Code.
L Laws and Regulations
The successful Bidder shall comply with all laws and regulations applicable to enter into the agreement
specified in this Bid Solicitation. The Bidder shall comply with all applicable federal, state and local
laws that may affect the execution of the agreement.
J. Licenses, Permits, and Fees
The awarded bidder(s) shall hold all licenses and/or certifications, obtain and pay for all permits and/or
inspections, and comply with all laws, ordinances, regulations and building code requirements
applicable to the agreement required herein. Damages, penalties, and/or fines imposed on the City or an
awarded bidder for failure to obtain and maintain required licenses, certifications, permits and/or
inspections shall be borne by said awarded bidder.
K. Responsible Wages
The awarded bidder(s) shall comply with Section 18-120 of the City Code, titled Responsible Wage
Construction Contracts, to the extent applicable to any development on City -owned property.
Enforcement of this ordinance may require the awarded bidder to furnish the City with a monitoring fee
and may require the submission of a percentage of the construction cost into an escrow account.
L. Assignment
Unless otherwise specified in this solicitation, the successful Bidder shall not assign, transfer,
hypothecate, or otherwise dispose of this contract, including any rights, title or interest therein, or its
power to execute such contract to any person, company or corporation without the prior written
consent of the City.
M. Indemnification
The successful Bidder shall indemnify and hold harmless the City and its officers, employees, agents,
agencies, and instrumentalities from any and all liability, losses or damages, which the City or its
officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes
of actions or proceedings of any kind or nature arising out of, relating to or resulting from the
performance of the agreement by the successful Bidder or its employees, agents, servants, partners,.
principals or subcontractors. The successful Bidder shall pay all claims and losses in connection
therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name
of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and
attorney's fees which may be incurred thereon. The successful Bidder expressly understands and agrees
that any insurance protection required by this Agreement or otherwise provided by the successful
Bidder shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City
or its officers, employees, agents and instrumentalities as herein provided.
N. Insurance Requirements
Prior to execution of the agreement by the City, the successful Bidder shall furnish to City
Certificates(s) of Insurance which indicate that insurance coverage has been obtained which meets the
requirements as set forth by the City. The title and/or number of this solicitation number must appear
on each certificate. All policies and/or certificate(s) of insurance are subject to the review and approval
by the City's Department of Risk Management prior to approval. Certificates will indicate no
modification or change in insurance shall be made without thirty (30) days written advance notice to
the Certificate Holder. If insurance certificates are scheduled to expire during the contractual period,
the Successful Proposer shall be responsible for submitting new or renewed insurance certificate(s) to
the City at a minimum of ten (10) calendar days in advance of such expiration.
Q. Auditor General
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The City reserves the right to require the successful Bidder(s) to submit to an audit by the Auditor
General or other auditor of the City's choosing at the Bidder's expense. The Bidder shall provide
access to all of its records, which relate directly or indirectly to the subject Agreement at its place of
business during regular business hours. The Bidder shall retain all records pertaining to the Agreement
and upon request make them available to the City for three years following expiration of the
Agreement. The Bidder agrees to provide such assistance as may be necessary to facilitate the review
or audit by the County to ensure compliance with applicable accounting and financial standards.
P. Collusion
The successful Bidder recommended for award as the result of a competitive solicitation for any
DREAM project including but not limited to a purchase, lease, permit, concession or management
agreement shall, together with the Proposal, submit an affidavit under the penalty of perjury, on a form
provided by the City stating either that the contractor is not related to any of the other parties bidding
in the competitive solicitation or identifying all related parties, as defined in this Section, which bid in
the solicitation; and attesting that the contractor's proposal is genuine and not sham or collusive or
made in the interest or on behalf of any person not therein named, and that the contractor has not,
directly or indirectly, induced or solicited any other proposer to put in a sham proposal, or any other
person, firm, or corporation to refrain frorn proposing, and that the proposer has not in any manner
sought by collusion to secure to the proposer an advantage over any other proposer. In the event a
recommended contractor identifies related parties in the competitive solicitation its bid shall be
presumed to be collusive and the recommended contractor shall be ineligible for award unless that
presumption is rebutted. Any person or entity that fails to submit the required affidavit shall be
ineligible for contract award. Failure to provide a Collusion Affidavit within 5 business days after the
recommendation to award has been Tiled with the Clerk of the Board shall be cause for the contractor to
forfeit their bid bond if applicable.
Q. Proprietary/Confidential Information
Bidders are hereby notified that all information submitted as part of, or in support of bid submittals
will be available for public inspection after opening of bids/proposals, in compliance with Chapter 119,
Florida Statutes. Bidder(s) shall not submit any information in response to this Solicitation which the
Bidder considers to be a trade secret, proprietary or confidential. The submission of any information to
the City in connection with this Solicitation shall be deemed conclusively to be a waiver of any trade
secret or other protection, which would otherwise be available to Bidder. In the event that the Bidder
submits information to the City in violation of this restriction, either inadvertently or intentionally, and
clearly identifies that information in the bid/proposal as protected or confidential, the County may, in
its sole discretion, either (a) communicate with the Bidder in writing in an effort to obtain the Bidder's
written withdrawal of the confidentiality restriction or (b) endeavor to redact and return that
information to the Proposer as quickly as possible, and if appropriate, evaluate the balance of the
proposal.
R. Governing Law
This solicitation and subsequently executed Agreement, including appendices, and all matters relating
to the Agreement (whether in contract, statute, tort (such as negligence), or otherwise) shall be
governed by, and construed in accordance with, the laws of the State of Florida. Venue shall be Miami -
Dade County.
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III. SPECIAL CONDITIONS
A. PROPOSED PROJECT
The information contained in this RFP is published solely for the purpose of inviting Proposers
to consider the project described herein. Prospective Proposers should perform their own due
diligence investigations, projections and render their own conclusions without reliance upon the
Pre -Proposal Submission Conference or the material contained herein.
1. Project Goals
The City wishes to redevelop the Property into a mixed use waterfront Marina, providing
first-class services to tourists and residents alike. The Project shall combine the two marinas
presently on the Property in order to create a unified destination within the City. This RFP
seeks to identify the proposal deemed most advantageous to the City, taking into
consideration the evaluation criteria listed in Section III(C)2 below as well as the following
objectives and guidelines:
a. Economic Objectives
■ Increase financial return to the City;
■ improve revenue-producing capacity of facilities;
■ Ensure that any proposed ancillary or complementary uses further enhance the
destination market appeal;
■ Utilize the available Property to maximize its economic potential
b. Planning & Land Use Objectives
• 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 Property;
■ Provide for the development of a mixed-use marina and waterfront destination,
portraying a unified and integrated marina that seamlessly interacts with adjacent
restaurants and facilities;
• Allow for easy access to and throughout the Property, including the development
of a full -width bay walk that matches the design east of Marine Stadium, and a
clear walking passage from Marine Stadium to Rusty Pelican;
■ 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;
■ Provide facilities that represent flexible designs and iconic attention -grabbing
buildings that function year-round for daily and nightly activities;
■ 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;
c. Urban Design Principles & Guidelines
■ Use of the Virginia Key Master Plan as a guideline for proposed improvements
and the project's arch itecturalllandscape features;
• Emphasis on public access throughout the Property, with safe pedestrian
connections and ease of access between the facilities and the surrounding areas;
■ Interior and perimeter walkways shall be a minimum of 14 ft. width in order to
provide access for fire trucks;
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■ Improve Marina access points with aesthetically attractive buffering features
through hardscape or softscape elements;
• Utility infrastructures shall be placed underground or within chases below grade,
where feasible
• Creative use of roadway lighting and distinctive exterior lighting is encouraged;
■ Incorporation of pedestrian -scale decorative lighting, as well as low-level path and
landscape accent lighting;
■ Architecture and landscape should acknowledge the tropical climate of the region
and contribute to the pedestrian and civic life of the project;
• Provide optimum views of the bay from the facilities;
■ Provide continuous public open spaces where feasible that acknowledge the
tropical climate of the region by providing significant landscape design, shade and
coverage through the use of substantial shade trees and specimen palm varieties;
• Buildings shall be no taller than the crown of the historic Miami Marine Stadium;
■ Building facades shall be varied and articulated to invoke visual interest;
■ Secondary entries from interior walkways are also encouraged;
• Provide a varied and plentiful palette of tropical and Florida native plant materials
that reflect the landscape of the region;
■ Signage shall be designed to meet compatibility, uniformity and size standards that
do not compete with the architecture of the development
2. Virginia Key Master Plan
An area -wide master plan has been adopted in principle by the Miami City Commission
setting forth a global development plan for Virginia Key. 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 consistent
with the Virginia Key Master Plan to the extent permitted by law. The Virginia Key Master
Plan is included herein as Exhibit "D". Additional information concerning the Virginia Key
Master Plan can be obtained from the City's Department of Planning and Zoning, and can be
accessed from the following site: hqp://www.miamigov.com/planning/virginiakgmp.litmi
3, Required Redevelopment
The Proposer shall be required to redevelop the property in the manner specified below.
Additionally, the successful Proposer shall maintain the Property in First -Class operating
condition. For the purposes of this RFP, "First Class" shall refer to the use of state-of-the-
art or high-grade technology, materials, and services according to acceptable industry
standards and applicable laws. The Successful Proposer shall include the following,
improvements:
a. Marina Generally
i. Maximize boating access and transient dockage participation reflecting concepts
in the Master Plan and all applicable government regulations and agencies:
ii. Reconstruct the two marinas into a unified marina to provide for best utilization
of available space for dry rack storage, dockage and/or other uses;
iii. Maintain the dockibulkhead wall in good condition for the Lease Term;
iv. New marina to include all FDOT precast piles equal to or greater than 14";
v. Design, refurbish or reconstruct the marina pavement to meet applicable design
criteria for appropriate vehicles and loads to result from the proposed marina
15
use in visually appealing manner [should include at minimum MMFX (9100
Classic) rebar in all poured in place pile caps];
vi. Construction documents shall be subject to "peer review" of electrical and
structural design;
b. Wet Slips
i. In addition to the current number of wet slips on site, construct and install
approximately additional wet slips and renovate the bulkhead alongside
these wet slips, subject to all applicable rules and regulations; [Potential
inclusion of County -owned submerged land?]
ii. Dock construction shall be 100% fixed concrete docks (no wooden docks)
and/or concrete or aluminum floating docks;
iii. Fixed docks design to sustain category 2 or 3 hurricane with boat in slips;
iv. New docks shall include modern dock design, with sufficient voltage and other
utility requirements to provide for the proper operation of most modern boats;
v. New docks shall or shall not include live aboard docking;
vi. Option to expand wet slips into the area west of the existing marina, subject to
all applicable laws and permits.
c. Dry Boat Storage
i. Maintain at least 700 dry boat storage racks on-site;
ii. The maximum amount of dry racks must fit within the footprint for dry boat
storage depicted on the Master Plan;
iii. The dry boat storage facility may not exceed the height limitation (crown of
Marine Stadium) set forth in the Master Plan;
iv. Provide for an automated dry boat storage facility, including boat Valet service:
v. Add parking below boat rack storage.
d. Restaurant & Bar
Major renovations to the restaurant, rather than demolition and development, are at the
option of the successful Proposer. However, the Proposer must ensure that all
restaurant facilities are in full compliance with all current and applicable local, state
and federal code requirements including all applicable ADA requirements. The
successful Proposer shall maintain any and all restaurants in good condition and repair
for the Lease Term. Additionally, any and all restaurants shall comply with applicable
statutes concerning retention of tips or payment under section 207(i) of the Fair Labor
Standards Act.
e. Dock Master's Office
Construct a new, multi -story dock master's office, consolidating the dock master's
facility in both marinas.
f. Ship's Store
Incorporate a Ship's Store providing for sale any necessary inventory or supplies to
meet marine vessel's daily requirements such as food, water, cleaning supplies,
medical supplies, safety supplies, spare parts, or any other equipment or supplies
needed for the navigation, maintenance, and operation of a ship.
g. Fuel Station
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i. Construct a new fuel station to be located on a dock in the west end of the
Property;
ii. Construct an additional fuel station in the dry boat storage area to provide all
valet services necessary for a First Class automated facility.
h. Boardwalk
Provide a large 14 -foot continuous baywalk along the historical basin;
i. Access Road
The successful Proposer shall either: (1) maintain the access road indicated as Parcel 2
in the survey attached as Exhibit "A"; or (2) provide an alternative access road in a
substantially similar vicinity as that indicated as Parcel 2 in the survey attached as
Exhibit "A". The Public, including the agents, employees, and invitees of the adjacent
Rusty Pelican Restaurant, shall be granted access to, over, and across the above-
mentioned access road.
j. Public Boat Ramp
i. Plan, design, permit and construct a public boat ramp and floating dock, which
shall be located within the Property to the northwest of Miami Marine Stadium
[identify by reference to current public boat ramp?];
ii. Provide planning, surveying, demolition, landscape and architectural design
services for the Public Boat Ramp;
iii. Provide construction administration services, including preparation of
construction bid documents, construction monitoring, special inspections and
close-out.
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
discretion, pursuant to availability and at no cost to the City.
Ln the event the Selected Proposer is unable to develop any portion of the property hi the
manner required by this RFP, for reasons outside of their control (such as permit denials,
regulatory denials, City Commission denials, etc.) they shall be allowed to construct the
remaining portions of the Project at the City's sole discretion.
Additionally, the Successful Proposer and/or Successful Proposer's designee shall publish in
a public space a marina waiting list weekly, indicating use of the marina is open to the
public, subject to applicable fees and other reasonable non-discriminatory criteria, on a first-
come first-served basis.
4. Ancillary Facilities
The Proposer may provide additional ancillary facilities and components consistent with the
intent of this RFP and the goals stated in the Virginia Key Master Plan; such as, for
example, a fresh market or other ancillary facility. The City shall have the sole and absolute
discretion to determine which ancillary uses are acceptable.
5. Lease
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In order to be considered for the award of this RFP, the successful Proposer must enter into
a lease and development agreement with the City in substantially the form as the Lease
included herein as Exhibit "C". Additional information concerning the Lease can be found in
Section III(D) below.
6. 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, may not exceed seventy-five (75)
years ("Lease Term"). The Project shall be planned and designated in a contiguous manner,
although there may be a phased delivery of possession. The Lease Term shall commence
upon implementation of the first phase. Subsequent phases of the lease shall be coterminous,
i.e., run concurrently, with the initial phase.
7. Rent
Per City of Miami Charter Section 3(f)(iii)(B), the City of Miami may only lease waterfront
property on the condition that "the terms of the contract result in a fair return to the City
based on two independent appraisals." 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.
The Successful Proposer's project shall be subject to a second fair market appraisal by two
independent appraisers to ensure that the return to the City is equal to or greater than fair
market value as required by the City Charter and Code.
The rent shall be inclusive of Base Rent as well as Percentage Rent. Proposals shall include
a stated commitment of annual lease payments to the City in the form of a guaranteed base
rent ("Base Rent") greater than or equal to PLUS a percentage(s) of gross
revenues, which shall neither be adjusted nor otherwise interpreted to mean net of expenses
("Percentage Rent") equal to or greater than , 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. If the Successful Proposer elects to propose
additional wet slips into the area west of the existing marina, the rent for that area shall be an
additional annual percentage rent equal to fifteen percent (15%) of revenue from the
additional slips [dependent on inclusion of County -owned submerged lands].
In order to ensure accurate records of revenues are maintained, the City shall have
continuous electronic access to all banking and credit card deposit information and shall
audit occupancy monthly.
Base Rent shall be increased annually by the greater of: one percent (1%) of the previous
year's Base Rent, or an increase based on the amount indicated by the Consumer Price Index
as of three (3) months prior to the beginning of the applicable adjustment date. In no event
shall any such annual adjustment to the Base Rent result in an increase which is less than
one percent (1%), or more than Five Percent (5%), of the Base Rent amount immediately
prior to the effective date of such adjustment.
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Base rent and Percentage rent shall be paid monthly in advance commencing with the
Commencement Date of the Lease. Base rent shall be adjusted annually according to the
formula outlined above.
Additional rent may be applicable, as negotiated and specified in the Lease. For instance, the
Successful Proposer may also be required to provide the City with the following rents, based
on the contents of the submitted proposal and subsequent negotiations: (1) rent paid during
construction ("Construction Rent"), which shall be paid for the appropriate period prior to
project completion; and/or (2) rent paid to maintain lease and development rights to any
parcels to be developed following the initial phase of development, if phased development is
proposed ("Placeholder Rent").
8. Referendum Requirement
Per Section 3(f)(iii) of the City Charter, the Lease will not be valid until it has been
presented and approved by public referendum. Lease negotiations must be substantially
concluded in time to be considered by the City Commission for placement on the selected
election ballot. The City together with the Selected Proposer may choose to present the
project by referendum during a scheduled election as a "piggy -back" item (estimated cost of
$200,000), or may choose to schedule a special election (estimated cost of $1,500,000),
either of which shall be at the sole cost and expense of the Successful Proposer.
The successful Proposer shall be required to submit a Two Hundred Thousand dollar
($200,000.00) deposit for the costs of including the Project as an item on the ballot
("Referendum Deposit"). The Referendum Deposit shall be paid by the successful Proposer
upon approval by the City Commission within days' notice by the City. Any portion of
the Referendum Deposit that is not used shall be returned to the Successful Proposer. In the
event additional funds are required to place the question on the ballot, the Successful
Proposer shall be required to provide the same to the City within days' notice by the
City.
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. Notwithstanding the above, the City shall not be precluded
from issuing a new RFP in the event the subject Project is rejected by voters.
9. Parking Garage
A municipal parking garage shall be built outside the Property in the area labeled on the
survey as "NOT A PART" southwest of Parcel 3 ("MPA Parking"). A certain number of
spaces shall be required, depending on the size and scope of the respective Proposal as
indicated in the below formula.
The number of required 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. [Obtain updated input from
MPA] The successful Proposer shall be required to contribute to the Parking Trust Fund up
to fifteen thousand dollars ($15,000.00) (estimated to be approximately 50% of the cost of
construction) per each space required for the overall site proposal, per the ratios provided
19
above, including the retail space in the garage itself. However, a minimum of 230 parking
spaces shall be required.
The Selected Proposer shall have the following options regarding the parking garage and
contribution:
Option 1: 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 MPA Parking at the time of Lease execution. The MPA will use the funds
contributed to the Parking Trust Fund to construct the parking facility to
accommodate the users of the Project. The garage shall be designed within the
constraints and budget that MPA will specify.
The parking contribution to be paid into the Parking Trust Fund shall be based on
the above formula. However, because a minimum of 230 parking spaces shall be
required, the total minimum parking contribution shall be $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 Avenue, 3rd Floor, Miami, Florida
33130 upon the Effective Date of the Lease).
This parking garage contribution will be deposited into an escrow account whose
designated use shall be applied to the Parking Trust Fund. The schedule and
milestones for construction of the parking garage and retail spaces by MPA will
be developed in conjunction with, and will be compatible with, the successful
Proposers development plan.
Op#ion 2: The contribution to the Parking Trust Fund may be waived if the
Successful Proposer elects to build the City Parking at their sole cost and expense.
If the Proposer elects to build the City Parking, the parking structure must: (1) be
available to the public; (2) provide the required amount of parking spaces for the
Rusty Pelican restaurant as per Rusty Pelican's lease agreement with the City; and
(3) be financially backstopped by Proposer (to provide the City/MPA with fair
market value). Construction and operation of the City Parking must be overseen
and supervised by MPA, subject to a Parking Development agreement to be
executed by all applicable parties. Additionally, the Proposer must have and
maintain a reserve fund for capital improvements and continued operation of the
City Parking.
Option 3: Alternatively, the above-mentioned contribution to the Parking Trust
Fund may be waived if the Proposer provides alternative parking underneath the
dry rack storage ("Proposer Parking"). This Proposer Parking must be paid for
entirely by the Proposer and must be free to tenants and customers of the Project
during the term of the Lease. Additionally, the Proposer Parking must meet the
RFP requirements provided in this section, including but not limited to
constructing the required number of spaces. The Proposer shall be responsible for
the maintenance and operation of the Proposer Parking during the term of the
lease.
An
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 shall 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.
10. Boat Show
The Proposal shall be compatible with the Boat Show. The Successful Proposer shall enter
into an access agreement with NMMA. In no way may the proposed project interfere with
or affect the Boat Show, any exhibitor tents, or any of the footprint, in a manner that would
diminish the amount of square footage provided to the Boat Show by two percent (2%) or
more. All parking on site and other facilities shall remain open during the boat show to
satisfy customers of the project.
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 shall not interfere with Structures A5 and A6, as shown in
Exhibit "H". 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.
11. Regulatory Process — Permitting & Licensing
The specific plans for this Project 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 proposers determine the applicable
requirements and is not meant to be an exhaustive summary of all permits, licenses and
approvals required.
12. Redevelopment Schedule
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The City will require the proposed renovations/redevelopment/reconstruction to have
obtained all required permits and commenced construction within twenty four (24) months
from the Effective Date of the Lease. All physical improvements for all project components
must be completed within forty eight (48) months from execution of the Lease by both
parties, unless the successful Proposer applies for and receives a waiver from the City. The
City, at its reasonable discretion, may grant a waiver extending the abovementioned schedule
if the 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. Notwithstanding the above, proposals may
put forward a phased development schedule wherein each indicated area of development
shall become effective in phases.
Phased development must be done in sixty (60) months with all building permits for the last
phase in place no later than forty eight (48) months from the Effective Date of the Lease
subject only to force majeure, otherwise the provisions of section 29-B of the City of Miami
Charter, as amended, shall apply.
If the Successful Proposer elects to propose additional wet slips into the area west of the
existing marina, permitting must be completed no more than sixty (60) months after voter
approval. Construction of the additional slips shall be completed eighteen (l 8) months after
permits are approved.
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. The City will use its best efforts to provide alternative
locations which are reasonably contiguous for the operation of the facility during renovation
or redevelopment of other Project components.
13. Insurance and Indemnification
Prior to execution of the 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 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.
14. 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.
15. Bid Deposit
Proposers shall be required to submit with their proposals a Bid Deposit equal to twenty-five
thousand dollars ($25,000) by check, letter of credit, or otherwise provide proof the same
22
has been submitted into an escrow account. The Bid Deposit shall be subject to the terms
specified in Section ll(F) above.
16. Earnest Money Deposit
The Successful Proposer shall provide an irrevocable/unconditional Cashier's Check, drawn
on a financial institution authorized to do business in Florida (or may do the same by wire
transfer or similar means), providing for Two Million Dollars ($2,000,000), which shall be
due upon execution of the Lease. Upon completion of the entire Project, as indicated by the
issuance of a Certificate of Completion within the time frame specified herein, One Million
Dollars ($1,000,000) of the Earnest Money Deposit shall be returned to the Selected
Proposer; the remaining One Million Dollars ($1,000,000) shall remain as security in the
Lease. Five (5) years after the effective date of the Lease, an additional five hundred
thousand dollars ($500,000) shall be returned to the Selected Proposer; the remaining five
hundred thousand dollars ($500,000) shall remain in the Earnest Money Deposit account as
security for the Lease.
17. Taxes
The successful Proposer will not be responsible for any ad -valorem taxes, or any other taxes
or assessments associated with the Property that are due or may be owed prior to the Lease
Effective Date. The successful Proposer will, however, be responsible for all taxes that are
incurred commencing on and after the Lease Effective Date.
1$. Impact Fees
The Successful Proposer must pay for any and all impact fees related to any and all
improvements to the Property. Impact fees by Code requirement must be paid prior to
issuance of building permit.
19. 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. Upon execution of the Lease, the Selected
Proposer shall pay the City an amount equal to the Commission Fee, which shall be
determined on a cumulative and compounded basis and shall not exceed one million four
hundred and seventy five thousand dollars ($1,475,000).
20. Pre -Proposal Submission Conference & Site Visit
The City may conduct one or more Pre -Proposal Submission Conferences and site visits on
dates and times that are yet to be determined. In the event of such conference, notice of the
date, time, and location shall be posted by Addendum. Attendance at any Pre -Proposal
Submission Conference and Site Visit shall be optional; however, prospective Proposers are
strongly advised to attend.
B. THE PROPERTY
The information in this RFP is believed to be correct, but is not warranted in any manner.
Bidders should independently verify factual items they deem relevant prior to response submittal.
23
1. Parcel Size and Components
The Property is located in Virginia Key and includes approximately 26.65 acres of land,
including approximately 17 acres of which are submerged lands. Visible landmarks include,
to the northwest, Rusty Pelican Restaurant and to the southeast, Miami Marine Stadium.
Additionally, the site offers views of the City of Miami skyline.
The following addresses and folio numbers pertain to the Property:
3301 Rickenbacker Causeway
3605 Rickenbacker Causeway
3501 Rickenbacker Causeway
3311 Rickenbacker Causeway
No Address
3511 Rickenbacker Causeway
Folio 01-4217-000-0020;.
Folio 01-4218-000-0010;
Folio 01-42I7-000-0110 (NW Parcel);
Folio 01-4218-000-0030;
Folio 01-4218-000-0031; and
Folio 01-4217-000-0030 (NW Parcel);
2. Existing Conditions
The Property is located in Biscayne Bay designated as an Aquatic Preserve. The Project
shall conform to the prescribed requirements of environmental regulations governing the
Biscayne Bay Aquatic Preserves. All operations of the Project shall also conform to existing
environmental regulations and permitting requirements.
The Property, and its improvements, if applicable, are offered "AS IS, WHERE IS." No
representations or warranties whatsoever are made as to its condition, state or characteristics
by the City. Express warranties, implied warranties of fitness for a particular purpose or use
and habitability are hereby disclaimed. Testing, audits, appraisals, inspections, etc., desired
or necessary to prepare an RFP response shall be at the sole cost and expense of the
Proposers.
Additionally, the City reserves the right to cause, 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. [Obtain input regarding additional City
marina/mooring facility in Virginia key basin including size limitations]
3. Environmental
The City has conducted a Phase I and Phase 11 Environmental Site Assessment, attached
hereto as Exhibit "E". Nevertheless, Proposers may also perform their own "due diligence"
inspections, including environmental site assessments, sampling and testing of the soils,
sediments and groundwater, subject to such conditions and limitations as the City Manager
may impose, including without limitation, requirements for supervision by the City,
indemnification of the City, disposition of reports and execution of any legal documents, as
the City Attorney may require.
Testing, audits, appraisals, inspections, or other non-invasive studies that are necessary or
desired to submit a proposal, shall be conducted at the sole expense of the Proposer, and
only with prior written approval by the City. The successful Proposer shall remove or
remediate any hazardous materials that are required by law to be removed or remediated for
rX
the Project. Additionally, any and all marine mitigation, or other mitigation efforts required
by the applicable agencies, shall be at the sole cost and expense of the Successful Proposer.
4. Utilities
Water, sanitary sewer, electric and telephone utilities are currently available on the Property.
Proposers may obtain detailed plans showing underground utility installations from the
City's Public Works Department, 444 SW 2nd Avenue, 8th Floor, Miami, Florida 33130.
For additional information, please contact the respective utilities.
The successful Proposer shall bear the sole financial responsibility for all connection fees,
design, construction, and installation costs and of any costs associated with compliance with
any County or City moratorium requirements that may be in force. The City will assist in
this process by providing the necessary utility and/or facility easements as lawfully
appropriate. In the event the successful Proposer wishes to relocate the existing utilities, it
shall do so at its sole cost and expense.
5. Zoning
The property is zoned as CS Civic Space Zone. For more information, please review the
Miami 21 Zoning Code, CS Civic Space Zone Reference Manual, attached hereto as Exhibit
"B". Proposers are responsible for verifying any and all information concerning planning and
zoning requirements with the applicable agencies and departments.
Any details provided herein regarding the zoning process is for convenience only and
Proposers should not rely upon them without independently verifying the same. 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. 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.
6. Flood Zone
A preliminary review of the Property shows that the entire Property is classified as falling
within Coastal A Zone, under Flood Zone AE. All structures constructed at the Property
must conform to the appropriate Flood Zone requirements.
C. SELECTION PROCESS AND CONTRACT AWARD
1. 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 solicitation
("Administrative Review"). Administrative review may include a financial or technical
analysis of the Proposals prepared or procured by the City or its agents. During this
Administrative Review, City staff may contact Proposers to cure non -material, non -
substantive defects in any Proposals or to clarify unclear portions of the Proposal. If notified
of deficiency or request for clarification, the Proposer shall provide a response within five
(5) business days of notification or such other time designated by the Project Manager.
Those proposals that comply with all requirements will be deemed responsive.
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2. Evaluation
Proposers shall be evaluated and ranked on the basis of the following Evaluation Criteria:
Overall Experience and Qualifications
- Relevant business and project team experience in similar projects
- Financial capability and availability of financiallbusiness references
- Operational history reflective of capacity to meet project goals
Proposed Revenues
- Financial return to the City, including Base Rent and Participation Rent
- Reasonableness of Revenue Forecasts
Design & Operational Plan
- Aesthetics & functionality of proposed improvements
- Improved efficiencies of marina operation and site utilization
- Effective use of site during construction/redevelopment
Local Participation
Participation of firms that maintain a local office
- Hiring of City residents
- Use of City contractors
Based upon the Evaluation Criteria provided above, the Selection Committee ("Committee")
will evaluate, assign points and rank proposals in accordance with the requirements of the
RFP using the Scoring Guidelines provided by the City, and incorporated hereto by
reference. The Committee shall review the Evaluation Criteria and rank each Proposer as to
each category listed above. The Selection Committee may further define each of the
categories/criteria stated above so long as consistent with the information in this RFP.
Each proposal will be reviewed to determine if the proposal is responsive to the submission
requirements outlined herein. Proposals that deviate from the City's "Must", "Shall" or
"Mandatory" requirements may be found "non-responsive" without further evaluation.
The City reserves the right to disregard any Committee member's scores in the event that the
scores provided are abhorrent, which shall be defined for the purposes of this RFP as a
scoring value for one Proposer that deviates by thirty-five (35) or more points from the
points assigned to any other Proposer. In the event a Committee member's score is
disregarded as abhorrent as specified above, the City shall have the right to replace said
abhorrent score with that of any alternate Committee members that the City may appoint.
3. Short -List
Upon completion of the evaluation and ranking, the Committee will recommend the top three
ranked, responsive and responsible Proposers ("Short-listed Proposers") who best meet the
criteria of the RFP for negotiations. The Short-listed Proposers will each be invited to
negotiate a Lease Agreement in substantially the form as provided in Exhibit "C".
The City reserves the right to forego the short -listing process if the City receives three (3) or
less proposals for the RFP, and proceed with the either of the following: (a) request oral
presentations followed by a formal written request for best and final offers, negotiations, and
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proceed to Committee evaluation and deliberations; or (b) request best and final offers
without presentations, negotiate, and proceed to Committee evaluation and deliberations.
4, Negotiations
Negotiations will take into consideration terms most beneficial to the City (from a monetary,
technical, and managerial standpoint) until an agreement acceptable to the City is agreed
upon. The City reserves the right to request from the Short Listed Proposers: written
clarifications; non -material revisions to proposals, if deemed necessary by the City; and any
supplemental information, such as additional references, deemed necessary for proper
evaluation of proposals.
5. Oral Presentations
As a part of the negotiations, the City may choose to conduct an oral presentation with the
Proposers. In the event the Committee conducts oral presentations, all three Short Listed
Proposers will be afforded the same time limits, so as not to place one firm at an advantage.
6. Best and Final Offers
At the City's sole discretion, the City may request best and final offers ("BAFO") to be
provided. The Short Listed Proposers shall not be permitted to reinterpret RFP requirements.
The BAFO shall serve only as a mechanism for the Proposers to provide their best and final
offers based on the RFP requirements. The BAFOs shall not reduce the amounts to be paid
to the City, which were originally submitted with the Proposers' proposals. The responsive
and responsible Short Listed Proposer, meeting the technical requirements of the RFP, and
whose price offer represents the best price for the City (which shall not reduce the amounts
to be paid to the City originally submitted with the proposal), will be recommended for
further negotiations. The discussions during these final negotiations may include price and
conditions attendant to price. Notwithstanding the foregoing, if the City and said Proposer
cannot reach an agreement on the contract within days approval by the City Manager,
the City reserves the right to terminate negotiations and may, at the City's sole discretion,
begin negotiations with the next Proposer, who offered the next best project and price. This
process will continue until a contract(s) acceptable to the City has been negotiated or until all
proposals are rejected.
7. Selection Committee Recommendation
The Committee will mares its final ranking and recommendation to award a contract to the
City Manager, based on: (1) the findings of the administrative review (including, as
applicable, any financial or technical analysis by the City or its agents); (2) successful
negotiations in accordance with this RFP; (3) the evaluation criteria as defined in the RFP;
and (4) applicable laws and regulations. Such recommendation is subject to compliance with
the applicable provisions of the City Charter and Code.
8. City Manager
If the City Manager accepts the Committee's recommendation to negotiate, a final contract
will be negotiated and the final recommendation of award, approved by the City Manager,
will be presented to the City Commission for their review and approval. The City Manager
or his/her designee reserves the right to (1) approve the Committee's recommendation, (2)
reject the Committee's recommendation, (3) reject the Committee's recommendation and
instruct the Committee to re-evaluate and make further recommendations, or (4) recommend
to the City Commission that they reject any and/or all proposals.
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4. City Commission
The City Commission may (1) approve the City Manager's award recommendation and
negotiated contract; (2) reject all proposals, and/or instruct the City Manager to reissue a
solicitation; (3) instruct the Committee to re-evaluate and make further recommendations; or
(4) instruct the City Manager to constitute a new Committee and make recommendations. All
applicable Charter and Code provisions will be followed. The decision of the City
Commission shall be final.
10. Estimated Timetable
The timetable for the RFP selection process is summarized below. Note that these are
tentative dates and are subject to change at any time by the City.
Anticipated RFP Schedule
Dates
Issuance of Solicitation
Optional Pre -Proposal Submission Conference and Site Visit
Deadline for Questions
Proposal Submission Deadline
Oral Presentations to Selection Committee
Selection Committee Ranking
Request for Best and Final Offers
Selection Committee Recommendation
Adoption of Legislation Authorizing and Directing the City
Manager to Execute a Cease subject to Referendum approval
Referendum
D. LEASE
The City requires that a Lease agreement ("Lease"), in substantially the attached form as in
Exhibit "C" herewith, be executed upon approval of the Successful Proposer (or "Lessee") by
the City Commission. The terms and conditions within the Lease will capture the use of the
Property according to the parameters of the proposal and this RFP. The City will not consider a
sale of any part of the Property. The Successful Proposer shall have no vested rights, nor any
title or interest in the property or in the development proposed thereon until such time as a Lease
is fully executed, and then only in the manner stipulated therein. The Lease shall not confer on,
or vest in, the Lessee any title, interest, or estate in the Property other than a leasehold interest.
The Lease will be furnished by the City; however, the actual terms of the Lease shall be
negotiated between the Successful Proposer and City staff, subject to final approval by the City
Commission. Once the parties agree to the terms of the Lease, the executed Lease shall comply
in substantial form with this RFP. In the event of a conflict between this RFP and the executed
Lease, the terms of the executed Lease shall govern. Certain clauses of the Lease shall be deemed
nonnegotiable, including but not limited to: term, revocation, non -assignment, insurance,
indemnification, taxes and impositions, etc. Notwithstanding the above, Proposers may request
additional terms within the aforementioned nonnegotiable clauses so long as they are consistent
with the solicitation. Revisions to non-negotiable terms shall be disregarded. The City may make
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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.
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 or earlier termination of the Lease.
E. BACKGROUND CHECK,IDISQUALIFICATION
The City will perform, or cause to be performed, a complete background check and investigation
(including obtaining credit reports) of the proposing entity, its principals and its management and
development team. Proposers shall be required to submit a non-refundable fee in the amount of
five thousand dollars ($5,000.00) in the form of a cashier's check or money order to cover
payment of a background check and credit reports along with their RFP proposal submission.
This shall be used to determine whether there is any information that could deem the Proposer
non-responsive or non -responsible per Section II(G) above. In the event the cost of conducting
the background and credit check exceeds five thousand dollars ($5,000.00), Proposers shall be
required to compensate the City for amounts paid within ten (10) days' notice from the City.
Proposers must submit forms providing the City consent to conduct background screening on the
Proposer and all Proposer's principals using the form provided in Appendix IX along with their
proposal submission. For the purposes of this solicitation, a principal shall be defined as any
person, individual or entity having any ownership or major operational role in the Proposer's
project. Proposers that include as part of their team foreign nationals or foreign entities must
fully comply with all of the requirements of the Patriot Act. Those Proposers who do not comply
shall be automatically disqualified from further consideration in this RFP process.
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IV. TECHNICAL SPECIFICATIONS
A. PROPOSAL REQUIREMENTS & FORMAT
PLEASE NOTE:. THE PROPOSER SHALL DEVELOP THE PROJECT PROPOSAL IN A
MANNER THAT CONSIDERS AND COMPLIES WITH ALL OF THE REQUIREMENTS
SPECIFIED THROUGHOUT THIS RFP.
Proposers shall submit responses in a bound format with tab dividers separating each section. A
minimum font size of 10 point, 1 inch margins, and single spacing shall be utilized on all text
documents submitted. There shall be submitted I original, fifteen (15) bound copies with tabs, 1
unbound copy without tabs for possible duplicating needs and 1 electronic copy submitted on CD,
DVD, or Flash Drive.
All required drawings shall be submitted in the scale herein specified. The Proposer must submit
copies of all required drawings reduced proportionately to an I l" x 17" format. The reduced
drawings shall also be submitted electronically and may be used on the City's website to inform the
community about the proposals. No boards shall be accepted as part of the Proposal submission,
but may be used at a later date for presentation purposes. Prospective Proposers shall utilize the
following outline to prepare their proposals, adding tabs and sub -tabs as needed.
1. COVER PAGE
The cover page shall include the Proposer's name; Contact Person; Firm's Liaison for the
Contract; Primary Office Location; Local Business Address, if applicable; Phone and Fax
Numbers, as applicable; Email addresses; RFP Title and RFP Number.
2. TABLE OF CONTENTS
Table listing, in sequential order, the location of all contents, including required response
forms, charts, illustrations, and additional enclosures. All pages of the Proposal, including
enclosures, shall be clearly and consecutively numbered, consistent with the Table of Contents.
3. EXECUTIVE SUMMARY
Summarize the proposal providing an overview of the proposal submission.
4. VISION, GOALS AND OBJECTIVES OF PROPOSED PROJECT
Summarize the vision, goals and objective of the proposed project.
5. COMMUNITY BENEFITS
Summarize the range and quality of any programs to be offered as a benefit to the local
community, including the number of potential jobs to be created.
6. REDEVELOPMENT SCHEDULE
Proposers shall include renovation/redevelopment schedules for the leasehold improvements
which take into account the commencement dates required by the 'City and delineates the
renovation or redevelopment of each component. The Proposal shall include a narrative
accompanied by a graphic timeline or schedule detailing all phases of the development
including developer due diligence, planning and design, permitting, construction, and
operations. The schedule must include an explanation of how the phasing of the project was
determined and a projection of the project completion time required following the development
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team receiving control of the site.
7. PROJECT PLAN
The project plan shall be prepared by a team of specialized, registered design professionals.
The project plan shall take into account the Urban Design Principles in Section III.A.I.0
above for the area and the Virginia Key Master Plan. The plan shall include:
(a) Narrative Description of the proposed project plan:
Proposer must include a detailed redevelopment plan for the marina and boatyard,
restaurant, ship's store and any and all other components of the Project;
(b) Site Program Analysis, including if applicable:
• Overall site development including improvements, and surrounding modifications to
the Property.
• Number and use(s) of building, square footage (both gross and rentable).
• Number, type, size, construction and description of proposed operations by category.
• Architectural features.
• Permitting and environmental issues.
• Parking solutions or agreements.
(c) Renderings of Overall Site as well as from within the Project illustrating:
• Context
• Building Height
• Architectural Features
• Signage
(d) Proposed Project Site Plan
The Site Plan should illustrate the relationship and connectivity of the proposed project to
adjacent roadways, residential or commercial neighborhoods and the general area. The
Site Plan should also delineate the following:
• Land/Space Uses
• Building Location
• Pedestrian Access
• Proposed Parking areas
(e) Sketch of Proposed Improvements:
Provide a sketch of the proposed floor plan of any and all of the improvements to be
implemented by the Proposer.
(f) Construction:
Proposer shall construct and operate the Project at the Proposer's own risk without
benefit of financial guarantees from the City. Nevertheless, the City has an obligation to
its residents to ensure that the Project is completed, or failing that, that the Project not be
abandoned after commencement. Accordingly, the Proposer shall describe the terms and
conditions it proposes to ensure construction and operation of the Project.
8. OPERATIONAL PLAN
The Proposer shall provide a brief narrative on the Proposer's plans for the management and
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operation of the proposed Project during the Lease Term, including as applicable, a description
of services to be provided, number and type of employees to be hired, hours of operation, etc.
9. MARKET ANALYSIS AND ECONOMIC FEASIBILITY
Proposals shall include the following information, providing an understanding of their likely
market and economic feasibility:
■ A market analysis sufficient to establish the market support for this type of facility and
other proposed uses, based upon analysis of demand generators, competitive supply,
market pricing, competitive position, and anticipated market share/capture.
■ A projected development phasing schedule, if any.
■ An analysis of projected revenues and operating expenses broken out for each major
component covering at a minimum the first fifteen (15) years of operation.
■ A written statement indicating the total dollar amount to be spent on permanent
physical improvements to the Property, if any, including building improvements, site
improvements and equipment purchases associated with the project, as well as that
required for all start-up costs and initial operating expenses. The
development/renovation cost estimates shall be itemized to include significant line
items within the major categories of hard, soft (including pre -development fees), and
financing costs, and allocated by project component, building and phase, as applicable.
10. FINANCIAL FEASIBILITY
Proposals shall include a cash flow analysis integrating revenues, operating expenses,
development costs, and debt service for a minimum of the development period and first five (5)
years of the project's operation. Analyses shall be presented in such a manner to enable a clear
understanding of financial feasibility and financial inflows and outflows both on a building -by -
building basis and an integrated total basis over any phased development schedule, and shall
also enable a clear understanding of the projected rents and any other financial returns to the
City over the projection period. [Include standardized financials to be presented in a unified
manner (i.e., same discount rate, etc.)]
111. FINANCIAL PLAN
b) Financing Plan
Proposals shall include a description of the financing plan for the project, including a
description and estimate of all sources of construction and permanent debt and equity
funds to be used in the project. Proposers shall ensure that target returns and other
financing considerations are presented. The City reserves the right to further evaluate
and/or reject financing commitments when the term, the identity of the financing source or
other aspect of such financing is deemed not in the best interest of the City or the project.
[Standardized financials will be separated by each component in the event any one
component must be severed due to permit denials, etc.; must also include that estimated
costs of construction must include the full cost of construction, which may not be
materially different than proposed unless as a result of unknown on-site conditions]
c) 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
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requirement, "infrastructure costs" shall mean all costs associated with roads, utilities such
as water, sewer and electricity.
d) 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 shall be
required to contribute 1% of gross revenues to a Capital Infrastructure Escrow Account
(per defined escrow requirements) to fund on-going capita[ infrastructures costs.
e) Operation and Maintenance
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.
2. FINAL RETURN TO THE CITY
The Proposer shall provide a base rent to the City equal to or greater than ,
annually, PLUS percentage rent equal to or greater than and periodic
escalators. The City expects fair market value to be achieved from the escalating minimum
guaranteed base rent, with percentage of gross revenues and any additional proposed rents
providing the City with a share of the project's financial upside. Proposals shall detail other
financial benefits to the City such as estimated property taxes, and other non-financial benefits
such as new jobs created. Please also note additional details regarding rent specified in Section
111.A.6. above.
3. EXPERIENCE AND QUALIFICATIONS
The Proposer shall provide details on the proven track record, qualifications and experience of
the key persons involved in the management and operations of the proposed business
("Business Team") and the key persons to be involved in the remodeling, renovation or build-
out of any proposed improvements ("Development Team").
Proposers are required to assemble the requisite expertise, experience, financial and
management capability to meet the threshold qualifications specified within this RFP. As such,
where applicable, these qualification requirements shall be applied to the Proposer's team as a
whole, in a manner that is commensurate with each members' allocation of responsibility.
The City has identified the following factors that shall serve as threshold qualifications for this
RFP process. The Proposer must meet the threshold qualifications outlined below in
subsections a) through c), and include as evidence of its qualifications the information required
by subsections d) through h):
a) Experience:
■ At the time of submission, Proposer and/or its principals shall possess and have
experience directly managing and/or operating a cafe, cafeteria, restaurant or
concession establishment providing similar food/beverage services or any
combination thereof within the last fifteen (l 5) years; OR
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■ Proposer and/or its principals shall possess and have a minimum of any five (5)
years of experience directly involved in the ownership and day-to-day operation of
a cafe, cafeteria, restaurant, or concession establishment within the last ten (10)
years.
b) At the time of submission, Proposer and/or its principals, must have played a leading
role or must have had principal responsibility or other demonstrated experience in the
successful design, remodeling, renovation and build -out of a project(s) of si nilar size
and complexity as the project and uses proposed.
c) Proposer and/or its principals must have had experience with the successful financing
of at least one (I ) project of similar size or greater.
d) Proposer must provide resumes as well as a summary of the credentials and experience
of the persons to be used to qualify the Proposer for this RFP, including each of the
Proposer's principals as well as each member of the Proposer's Business Team and
Development Team.
e) Proposers must provide sufficient funds to conduct a background check as required by
Section III(E) above, and the Proposers must be deemed by the City to be both
"responsive" and "responsible" pursuant to Section II(G) above.
f) Proposers must provide contact information for three (3) business references for each
principal, and at least one (1) financial reference, including contact names, company
and/or project names and contact telephone numbers of individuals who can attest to
the projects with which the individual has worked.
g) Proposers shall also provide evidence of financial wherewithal or financing from a
financial institution on a Letter of Commitment, which must be attached as part of
Appendix 111, showing the Proposer's capacity to develop, maintain and operate the
proposed business operations. The Letter of Commitment must be on the financial
institution's letterhead stationery.
h) Proposers must comply with the background check requirements in Section III (E)
below and submit executed consent forms for the Proposer and each principal on the
applicable entity and individual consent forms attached hereto as Appendix IX.
4. PROPOSAL ATTACHMENTS
(A) RFP Registration Form & Fee: Complete Registration Form attached hereto as
Appendix 11 and pay the applicable fees associated with this RFP, including:
(i) A non-refundable Registration Fee equal to $150;
(ii) A background check Fee equal to $5,000;
(iii) A Bid Security equal to $25,000; and
(iv) Other fees shall be due after submission, on dates specified throughout this RFP.
(B) RFP Submission Form: Complete to its entirety the RFP Proposal Submission Form
attached hereto within Appendix Ill. Please note that a "responsible proposal" is one that
has the capability in all respects to fully perform the requirements set forth in the proposal
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and the proposed Lease. A "responsive proposal" is one that conforms in all material
respects to the RFP. Any missing information may be deemed not responsible or non-
responsive and may therefore be disqualified from the RFP process.
(C) Business Team Qualifications: Complete the Business Team form included as Appendix
IV. Resumes should be provided for all members of the Business Team.
(D) Development Team Qualifications: Complete the Development Team form included as
Appendix V. Resumes should be provided for all members of the Development Team.
(E) Certifications: Complete the appropriate Certification of Authority attached in Composite
Appendix VI.
(F) Disclosure/Disclaimer: Complete the Proposer's Disc losure/Dise la imer attached hereto as
Appendix VII.
(G) Proposer's Organizational History/Structure and Chart: In a narrative form, please
describe the Proposer's organizational and business history and explain why the
Proposer's background makes it ideal for this opportunity. Please also provide a visual
representation in the form of an organizational chart.
(H) Additional Information: Proposer may provide any additional information to describe the
Proposer's proposed project or capability to implement the project.
B. DEADLINE FOR RECEIPT OF INFORMATION 1 CLARIFICATION
Pursuant to the Cone of Silence, any request for additional information or clarification must be
received in writing no later than 2:00 p.m. on . Interested individuals
("Proposers") may e-mail or fax their requests to the attention of, Jacqueline Lorenzo, Property
Management Specialist ("Project Manager") at the City of Miami, Department of Real Estate and
Asset Management at E-mail: jlorenzo2miamigov.com and Fax No.: (305) 400-5197.
C. RECEIPT OF RESPONSES
Provide one (I) original and fifteen (15) bound copies with tabs of the signed and dated proposal,
one (1) unbound copy without tabs for possible duplication needs, as well as one (1) electronic
copy submitted on CD-ROM or Flash Drive accompanied by the required documentation to the
Office of the City Clerk, Attn: Todd B. Hannon, 3500 Pan American Drive, First Floor, Miami,
Florida 33133 no later than
Responses must be clearly marked and labeled on the outside of the envelope/package as
"Virginia Key Marina RFP No. XX -XX -XXX" Failure to submit a Response by the due date
and time, and at the location specified above, will result in disqualification.
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