HomeMy WebLinkAboutExhibit CC MTG: 12/08/2017 & 01/12/2017-SUBTHIS DOCUMENT IS A SUBSTITUTION TO
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INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and
Members of the City Commission
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FROM: Daniel J. Alfon
City Manager L
DATE: January 9, 2017
SUBJECT: Substitution for RE. 1 -
January 12, 2017, Agenda
REFERENCES:
ENCLOSURES:
The Office of the City Manager respectfully requests that the following item be substituted in the
January 12, 2017 agenda: Item RE. 1 - Approval of the Virginia Key Marina RFP.
Please substitute the exhibit that is attached to the legislation, with the document that is enclosed
herein.
C: Alberto Parjus, Assistant City Manager
Daniel Rotenberg, Director of Real Estate and Asset Management
Anna M. Medina, Agenda Coordinator
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REQUEST FOR PROPOSALS
(RFP NO. 16-17-011)
LEASE OF CITY -OWNED WATERFRONT PROPERTY
FOR MARINAS/RESTAURANT/SHIP'S STORE USES
LOCATED AT
VIRGINIA KEY,
MIAMI, FLORIDA
RFP Distributed By:
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CITY OF MIAMI
DEPARTMENT OF REAL ESTATE AND
ASSET MANAGEMENT
ISSUE DATE: January 20, 2017
PROPOSALS DUE DATE: April 20, 2017
Citv of 41ianti
January 20, 2017
Ladies and Gentlemen:
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The Department of Real Estate and Asset Management ("DREAM") for the City of Miami
(`City") does hereby issue the attached Request for Proposals ("RFP") for the development and
lease of prime waterfront property located in Virginia Key, Florida. The goal of this RFP is to create
a vibrant recreational marina and restaurant destination with an ancillary ship's store facility for
City residents, guests, and visitors. Please review the details in the RFP below.
As described herein, the vision of this RFP is to help implement major components of the
Virginia Key Master Plan. The Successful Proposer will 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 required by 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 as well as all applicable legal and regulatory requirements
in order to be eligible for consideration. All information and materials submitted will be thoroughly
analyzed and independently verified. Proposals must present a definitive and detailed build -out
program, completion schedule, financial plan, design, and proposal responding to all requirements
of this RFP to form the basis for evaluation and 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 April 20, 2017. 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 all applicable laws,
including, but not limited to, the Charter and Code of the City. On behalf of the City of Miami
Mayor and Commissioners, I welcome responsive and responsible proposals that will realize the
full potential of this prime real estate location.
Sincerely,
Daniel J. Alfonso
City Manager
L
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TABLE OF CONTENTS
EXECUTIVE SUMMMARY
GENERAL TERMS AND CONDITIONS
SPECIAL CONDITIONS
A. PROPOSED PROJECT
B. THE PROPERTY
C. SELECTION PROCESS AND CONTRACT AWARD
D. LEASE
E. BACKGROUND CHECK/DISQUALIFICATION
IV. TECHNICAL SPECIFICATIONS
A. PROPOSAL REQUIREMENTS & FORMAT
B. DEADLINE FOR RECEIPT OF INFORMATION I CLARIFICATION
C. RECEIPT OF RESPONSES
EXHIBITS & APPENDICES
EXHIBIT A
LEGAL DESCRIPTION & SURVEY
EXHIBIT B
MIAMI 21 ZONING CODE: CS CIVIC SPACE
EXHIBIT C
DRAFT LEASE & DEVELOPMENT AGREEMENT
EXHIBIT D
VIRGINIA KEY MASTER PLAN
EXHIBIT E
ENVIRONMENTAL SITE ASSESSMENTS
EXHIBIT F
VIRGINIA KEY MARINA DEEDS
EXHIBIT G
COUNTY PARKING GARAGE DEED
APPENDIX 1
RFP NO. 16-17-011 CHECKLIST
APPENDIX 2
REGISTRATION FORM
APPENDIX 3
RFP PROPOSAL SUBMISSION FORM
APPENDIX 4
BUSINESS TEAM EXPERIENCE
APPENDIX 5
DEVELOPMENT TEAM EXPERIENCE
APPENDIX 6
ENTITY CERTIFICATE OF AUTHORITY
APPENDIX 7
DISCLOSURE/DISCLAIMER FORM
APPENDIX 8
INSURANCE REQUIREMENTS
APPENDIX 9
CONSENT FORMS
APPENDIX 10
NON -COLLUSION AFFIDAVIT
APPENDIX 11
DETAILED EVALUATION MATRIX
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REQUEST FOR PROPOSALS
VIRGINIA KEY MARINA
(RFP No. 16-17-011)
I. EXECUTIVE SUMMMARY
Opportunity: The City is seeking responsive proposals from qualified Proposers willing to plan,
redesign, construct, 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 in "AS IS, WHERE IS" condition
by the City. No representations or warranties whatsoever are made as to its
condition, state or characteristics. EXPRESSED WARRANTIES AND IMPLIED
WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR USE AND
HABITABILITY ARE HEREBY DISCLAIMED. IMPLIED WARRANTIES OF
MERCHANTABILITY, SUITABILITY, AND/OR FITNESS FOR A
PARTICULAR PURPOSE ARE HEREBY DISCLAIMED. No representation
whatsoever is made as to any environmental, surface, subsurface, water or soil
matter or condition.
Taxes, Impositions: The Proposer selected ("Successful Proposer") is responsible for all taxes, levies,
governmental impositions, surcharges and assessments due or assessed on the
Property. The Successful Proposer shall be required to pay for any survey(s), site
plans, permits, or other application fees required for the implementation of the
Project. The Successful Proposer shall be responsible for payment in 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
"Municipal Purpose" deed restriction provided by the State of Florida Board of
Trustees of Internal Improvement Trust Fund ("TIITF"). The TIITF deed is
included in Exhibit "F" of this RFP. As a condition precedent of the Lease, the
City will seek a finding of municipal purpose or (if applicable) a waiver of the deed
restriction for the use of the submerged lands. The Successful Proposer shall bear
all costs, fees, waiver payment fees, and/or any other required payments to the
State in association with the State approval process. The Successful Proposer shall
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fully cooperate in the state approval process, if applicable, as requested by City
and/or the State.
Master Plan: The Miami City Commission has adopted an area -wide Master Plan that sets forth
a global development vision for Virginia Key ("Master Plan"). It is the intent of
this RFP to encourage an integrally planned and designed development for the
Property that is both consistent with, and substantially adheres to, the Master Plan
to the extent permitted by law. The Master Plan is included herein as Exhibit "D".
Comprehensive Plan: The City has adopted, pursuant to the requirements of State and Local Laws, the
Miami Comprehensive Neighborhood Plan ("MCNP"), as amended. The Future
Land Use Map ("FLUM") of the MCNP classifies this Property as Public Parks
and Recreation.
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 Referendum, indemnification, hold harmless, duty to defend, 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 a
total of seventy-five (75) years ("Lease Term"). The Project shall be planned in a
contiguous manner, although there may be a phased delivery of possession. The
Lease Term shall commence upon execution of the Lease. Subsequent phases of
the lease shall run concurrently with the initial phase.
Rent
Requirements: RFP responses shall include a minimum base rent equal to or greater than Two
Million Three Hundred and Fifty Thousand Dollars ($2,350,000) annually ("Base
Rent"). Commencing on the first anniversary of the Effective Date of the Lease
and on each anniversary thereafter during the Initial Term, the per annum Base
Rent amount shall be adjusted to the greater of: an increase by one percent (1%)
of the previous year's Base Rent, or an increase based on the amount indicated by
the Consumer Price Index as of three (3) months prior to the beginning of the
applicable adjustment date. In no event shall any such annual adjustment to the
Base Rent result in an increase that is less than one percent (M), 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 (6%) of wet slip and dry storage operations, six percent
(6%) of fuel sales, and four percent (4%) sublease income or other income received
by Proposer from the 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, managed, 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
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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.
Referendum Deposit: Section 3(f)(111) and 29-B of the Charter of the City of Miami requires that any
lease that the City Commission approves pursuant to this RFP shall not be valid
unless approved by public vote through a referendum process ("Referendum"),
currently scheduled for November 7, 2017. The Successful Proposer shall pay a
one hundred and twenty-five thousand dollar ($125,000.00) deposit in order to
place the lease terms on the ballot for approval. ("Referendum Deposit") after
receiving approval by the City Commission, Any unused portion of the
Referendum Deposit, after deducting all costs for the Referendum, shall be
returned to the Successful Proposer. In the event additional funds are required to
place the question on the ballot (i.e., to account for increased costs of printing or
other costs imposed), the Successful Proposer shall be required to promptly pay
the additional funds to the City within ten (10) days' written notice. Failure to do
so will disqualify the Proposer from further consideration.
Wet & Dry Storage: The marina shall provide the most efficient and cost effective number and size of
dry storage racks and wet slips in light of market conditions. The size and number
of all wet slips shall be subject to all applicable laws, 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) preserve and maintain the access road
indicated as Parcel 2 in the survey attached as Exhibit "A"; or (2) provide for and
construct, subject to applicable permits and other regulatory approvals, an
alternative access road in a substantially similar vicinity as that indicated as Parcel
2 in the survey attached as Exhibit "A". The Public, including the agents,
employees, and invitees of the adjacent Rusty Pelican Restaurant, shall be freely
afforded and granted access to, over, and across the above-mentioned access road.
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 National Marine Manufacturer's
Association ("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 (6) weeks. This restriction shall be coterminous
with the Lease for as long as the Boat Show is held at Virginia Key, even if the
Boat Show is held elsewhere but later returns to Virginia Key during the Lease
Term.
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and RFP addenda as they are published, Proposers must submit a non-refundable
fee of $150.00, in the form of a cashier's check, money order, or official certified
bank check, payable to the "City of Miami", delivered to the Registration Contact
specified below.
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.) already
authorized to do business in the State of Florida, Miami -Dade County and the City
of Miami under the Proposer entity's legal name. Any person(s) included in
Appendix 3 ("RFP Proposal Submission Form") may not be substituted or
withdrawn from participation after the Submission Date unless the City Manager
specifically authorizes in writing a request for substitution.
Background Check: Each Proposer, including the principals thereof, and/or its assigns, 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 that 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: Kimberly Balkus
CBRE I Public Institutions
200 East Las Olas Blvd., Suite 1620
Fort Lauderdale, Florida 33301
T:(954)331-1719
E: kimberl�,.balku;ircbre.com
Project Manager: Jacqueline Lorenzo
City of Miami I Real Estate and Asset Management
444 SW 2" d Avenue, 3 d F loor
Miami, Florida 33130
T: (305) 416-1426
E: jlorenzo a miami�,ov.com
Proposal Due Date
and Location: April 20, 2017, 2:00 P.M.
Office of the City Clerk, City of Miami City Hall
3500 Pan American Drive, First Floor Counter
Miami, FL 33133
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IL 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 Proposal 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 the Proposal.
5. City shall refer to the City of Miami, Florida
6. DREAM — shall refer to City of Miami Department of Real Estate and Asset Management.
7. Registered Vendor shall refer to a firm that has submitted a complete Registration Form.
8. Successful Bidder/Proposer — shall mean the 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, Proposers must register by submitting a
completed Registration Form and providing a fee of one hundred and fifty dollars (S 150) in the
form of a cashier's check, money order, or official bank check, payable to the "City of Miami".
2. Public Entity Crimes
To be eligible for award of a contract, firms wishing to do business with the City must comply
with Section 287.133(2)(a), Florida Statutes, which provides that a person or affiliate who has
been placed on the convicted vendor list following a conviction for a public entity crime may
not submit a Proposal on a contract to provide any goods or services to a public entity, may not
submit a Proposal on a contract with a public entity for the construction or repair of a public
building or public work, may not submit Proposals on leases of real property to a public entity,
may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant
under a contract with any public entity, and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for
CATEGORY TWO, as defined by Fla. Stat. 287.017(2), for a period of 36 months from the
date of being placed on the convicted vendor list.
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 that changes, adds to, or clarifies the terms, provisions or
requirements of the Solicitation. The Proposer should not rely on any representation,
statement or explanation whether written or verbal, other than those made in this 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.
It is the Proposer's responsibility to ensure receipt of all addenda, and any
accompanying documentation.
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4. Bid Solicitation and Bidders' Responsibilities
It is the responsibility of the Proposer to become thoroughly familiar with the Bid requirements,
terms, and conditions of this solicitation. Allegations or Pleas of ignorance by the Proposer of
conditions that exist or that may exist will not be accepted as a basis for varying the
requirements of the City, or the compensation to be paid by the Proposer. This solicitation is
subject to all legal requirements contained in the applicable City Charter and City Code
provisions, as well as all applicable County, State, and Federal laws, rules, and regulations. It
is the responsibility of the Proposer, prior to conducting any lobbying regarding this solicitation
to file the appropriate form with the City Clerk stating that a particular lobbyist is authorized
to represent the Proposer. The Proposer shall also file a form with the City Clerk at the point
in time at which a lobbyist is no longer authorized to represent said Proposer. Failure of a
Proposer to file the appropriate form required, in relation to each solicitation, may be
considered as evidence that the Proposer is not a responsible contractor.
5. Change or Withdrawal of Bids
i. Changes: Prior to the scheduled Bid receipt and opening, a Proposer may change its
Bid by submitting a new Bid. No material or substantial 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 Proposer.
6. Conflicts within Bid Solicitation
Provisions contained herein will be interpreted in a manner consistent with all other provisions.
However, where there exists a conflict between the General Terms and Conditions, Special
Conditions, the Technical Specifications, or any addendum issued, the order of precedence
shall be: the last addendum issued, the Technical Specifications, the Special Conditions, and
then the General Terms and Conditions.
C. Preparation of Bids
1. Registration Form — Proposers 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 Proposer's offer.
3. Authorized Agent — An authorized agent of the Proposer's firm must sign the Proposal
Submission Form and submit it together with the Bid.
4. Conditions — The Proposer may be considered non-responsive if bids are conditioned to
modifications, changes, or revisions to the terms and conditions of this solicitation.
5. Additional/Alternate Bids — Proposers may submit additional or alternate Bid(s) for the same
solicitation provided that such additional or alternate Bid is allowable under the terms and
conditions specific in this RFP. The additional or alternate Bid must meet or exceed minimum
requirements and must be submitted by separate submittal marked "Alternate Bid". All bids
submitted as Alternate Bids shall be considered separately and independently of each other.
Failure to comply with the requirements of this RFP in any one of the additional or alternate
bids shall be grounds for disqualification of such 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 Proposer 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. This language is only applicable if so
indicated under "Executive Summary", "Special Conditions" or "Technical Specifications".
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 Proposer 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 Proposer'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, Proposer(s) may request bid tabulations or other award information by
contacting the Project Manager 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 Proposers 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 proposers, if so indicated under "Special Conditions" or "Technical Specifications". This check or
bond guarantees that a Proposer will accept the order or agreement, as bid, if it is awarded to said
Proposer. Proposer shall forfeit bid deposit to the City should City award contract/agreement to
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Proposer and Proposer fails to accept the award. The City reserves the right to reject any and all surety
tendered to the City. Bid deposits are returned to unsuccessful Proposers upon demand within fifteen
(15) days after the award and Successful Proposer's acceptance of award. If ninety (90) days have
passed after the date of the formal solicitation closing date, and no contract has been awarded, all 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 Proposer
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 reasonable discretion to
deem any proposal non-responsive/non-responsible based on whether 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 or other government entity
within the past ten (10) years, iii) are in default under any agreement or contract with the City or other
government entity on the date and time the proposal is due; iv) have caused fines penalties, fees or
similar impositions to be levied against the City; v) have any past, present or on-going litigation with
the City or other government entity; 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 ten percent (10%) or more of the entity stock or shares); viii) have been found liable by
any legal or administrative entity via any proceedings for environmental damage, contamination or any
other environmental liability; ix) have failed to disclose involvement in any legal or administrative
proceedings concerning environmental damage, contamination or any other environmental liabilities,
whether found liable or otherwise; x) have been debarred by any public agency or been placed in the
convicted vendors list pursuant to Florida Statute 287.133 or a similar law; xi) have failed to disclose
any of the above; or xii) have otherwise been determined as not responsive and/or responsible as defined
by Sections 18-73 and 18-95 of the City Code, and by the laws of the State of Florida.
Similarly, any Proposer, or its principal(s) that is determined by a court of competent jurisdiction (and
all due process of law has been exhausted) 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 City shall have discretion to immediately disqualify the
Proposer and terminate any agreement entered into pursuant to this RFP, with no other cure rights. In
such event, the City shall immediately own any improvements built on the Property, with no
responsibility, financial or otherwise, to the Proposer.
H. Bid Protest
All bid protests shall be processed in accordance with the procedures contained in Section 18-104 of
the City Code.
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I. Laws and Regulations
The Successful Proposer shall comply with all laws and regulations applicable to enter into the
agreement specified in this Bid Solicitation. The Proposer shall comply with all applicable federal, state
and local laws that may affect the execution of the agreement.
J. Licenses, Permits, and Fees
The awarded Proposer(s) shall hold all licenses and/or certifications, obtain and pay for all permits
and/or inspections, and comply with all laws, ordinances, regulations and building code requirements
applicable to the agreement required herein. Damages, penalties, and/or fines imposed on the City or
an awarded Proposer for failure to obtain and maintain required licenses, certifications, permits and/or
inspections shall be borne by said awarded Proposer.
K. Responsible Wages; Living Wage
The awarded Proposer(s) shall comply with Section 18-120 of the City Code, titled Responsible Wage
Construction Contracts, to the extent applicable to any development on City -owned property.
Enforcement of this ordinance may require the awarded Proposer to furnish the City with a monitoring
fee and may require the submission of a percentage of the construction cost into an escrow account.
The awarded Proposer(s) shall comply with Section 18-556, et. seq. of the City Code, titled Living
Wages, to the extent applicable.
L. Assignment
Unless otherwise specified in this solicitation, the Successful Proposer shall not assign, transfer, pledge,
convey, hypothecate, or otherwise dispose of their Proposal, or subsequent Lease, 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 Commission, which may be conditioned, withheld, or
refused.
M. Indemnification
The Successful Proposer shall indemnify, defend (at its sole cost and expense), save, and hold harmless
the City and its officers, officials, employees, agents, agencies, and instrumentalities from any and all
actions, causes of action, legal, equitable, regulatory, administrative or otherwise, liability, losses or
damages, which the City or its officers, employees, agents or instrumentalities may incur as a result of
claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to
or resulting from the performance, non-performance, or breach of the agreement by the Successful
Proposer, including without limitation the solicitation, evaluation and award of the Lease , the later
possession and Tenancy and all activities or omissions thereon, the design and construction of all
improvements, betterments, additions and structures, including the maintenance and use thereof,
compliance with all applicable laws, codes, rules and regulations and payment of all debts, expenses,
costs, and fees that are the responsibility of the Proposer as they come due. The Foregoing Indemnity,
Hold Harmless and Duty to Defend shall include the Proposer and/or its employees, agents, servants,
partners, principals or subcontractors, jointly and severally. The Successful Proposer shall pay all
claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions
of any kind or nature in the name of the City, where applicable, including appellate proceedings, and
shall pay all costs, judgments, and attorney's fees which may be incurred thereon. The Successful
Proposer expressly understands and agrees that any insurance protection required by this solicitation or
subsequent agreement, or otherwise provided by the Successful Proposer shall in no way limit the
responsibility to indemnify, keep and save harmless and defend the City or its officers, employees,
agents and instrumentalities as herein provided, which duty shall survive the cancellation of the Lease,
as may be applicable.
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N. Insurance Requirements
Prior to execution of the agreement by the City, the Successful Proposer shall furnish to City
Certificates(s) of Insurance that indicate that insurance coverage has been obtained which meets the
requirements as set forth by the City. The title and/or number of this solicitation number must appear
on each certificate. All policies and/or certificate(s) of insurance are subject to the review and approval
by the City's Department of Risk Management prior to approval. The certificate(s) of insurance shall
substantially comply with the insurance requirements listed in Appendix 8. Certificates will indicate no
modification, lapse, or change in insurance shall be made without thirty (30) days written notice to the
Certificate Holder. If insurance certificates are scheduled to expire during the contractual period, the
Successful Proposer shall be responsible for submitting new or renewed insurance certificate(s) to the
City at a minimum of ten (10) calendar days in advance of such expiration. The City of Miami Director
of the Department of Risk Management shall have the right to amend or solicit additional insurance
requirements as needed in connection with the construction or management phases of the Project.
O. Auditor General
The City reserves the right to require the Successful Proposer(s) to submit to an audit by the Auditor
General or other auditor of the City's choosing at the Proposer's expense. The Proposer shall provide
access to all of its records, which relate directly or indirectly to the subject agreement at its place of
business during regular business hours. The Proposer shall retain all records pertaining to the agreement
and upon request make them available to the City for three years following expiration of the agreement.
The Proposer 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 Proposer 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 submit the Non -Collusion Affidavit included herein as Appendix 10 under penalty of
perjury. The Non -Collusion Affidavit provides either that the contractor is not related to or affiliated
with any of the other parties bidding in the competitive solicitation or identifies all affiliated or related
parties that submitted a Proposal in the solicitation. The Non -Collusion Affidavit further attests 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 from
proposing, and that the proposer has not, in any manner, sought by collusion to secure to the proposer
an advantage over any other proposer. In the event a recommended 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 the Non -Collusion
Affidavit with the Proposal or within five (5) days' request by the City, shall be cause for the contractor
to forfeit their bid bond or bid deposit, if applicable.
Q. Proprietary/Confidential Information
Proposers 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. Proposer(s) shall not submit any information in response to this Solicitation which the
Proposer considers to be a trade secret, proprietary or confidential. The submission of any information
to the City in connection with this Solicitation shall be deemed conclusively to be a waiver of any trade
secret or other protection, which would otherwise be available to Proposer. In the event that the
Proposer 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
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City may, in its sole discretion, either (a) communicate with the Proposer in writing in an effort to
obtain the Proposer'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, regulatory, administrative, or otherwise) shall be
governed by, and construed in accordance with, the laws of the State of Florida regardless of the
domicile of any Proposers. Exclusive venue shall be Miami -Dade County.
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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
■ Attract residents and visitors to the public waterfront so that they may enjoy
Biscayne Bay and the maritime setting of Virginia Key;
■ Convert the existing facility into a modern world-class facility using state-of-the-
art technology and include ancillary uses that complement the Property's setting
and geographical location, aimed to stimulate public use of, and widespread
interest in, the Property;
■ Provide for the development of a mixed-use marina and waterfront destination,
portraying a unified and integrated marina that seamlessly interacts with adjacent
restaurants and facilities;
■ Allow for easy access to and throughout the Property, including the development
of a full -width bay walk that matches the design east of Marine Stadium, and
provides seamless connectivity from Marine Stadium to the existing Rusty Pelican
restaurant (consistent with Miami 21);
■ Promote various active, public uses of the site that will enhance the overall public
benefit derived from the property in terms of use, visibility, environmental
protection, and financial return;
■ Considerations should be made for critical wildlife areas, and Proposers shall be
required to incorporate critical wildlife markers, where applicable.
■ Provide facilities that represent flexible designs and iconic attention -grabbing
buildings that function year-round for daily and nightly activities;
■ Design and architecture of the new structures should be harmonious with the iconic
architecture of the Miami Marine Stadium;
■ 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;
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■ Develop the Project with considerations made for anticipated sea level rise using
the USACE High or NOAA High curve calculator for sea level rise projections;
c. Urban Design Principles & Guidelines
■ Use of the Virginia Key Master Plan principles as a guideline for proposed
improvements and the Project's arch itectural/landscape features;
■ Emphasis on public access throughout the Property, with safe pedestrian
connections and ease of access between the facilities and the surrounding areas;
■ Improve Marina access points with aesthetically attractive buffering features
through hardscape or softscape elements;
■ Utility infrastructures shall be placed underground or within chases below grade,
where feasible;
■ Creative use of roadway lighting and distinctive exterior lighting is encouraged;
■ Provide roadway and decorative lighting that has minimal or no impact on the
historic basin and environment;
■ Incorporation of pedestrian -scale decorative lighting, as well as low-level path and
landscape accent lighting;
■ Architecture and landscape should acknowledge the tropical climate of the region
and contribute to the pedestrian and civic life of the Project;
■ Provide optimum views of the bay from the facilities;
■ Provide continuous public open spaces that acknowledge the tropical climate of
the region by providing significant landscape design, shade and coverage through
the use of substantial shade trees and specimen palm varieties;
■ Adaptability and flexibility to integrate with any future Virginia Key -wide
transportation systems that may be developed;
■ Building fagades should be varied and articulated to invoke visual interest;
■ Secondary entries from interior walkways are also encouraged;
2. Virginia Key Master Plan
An area -wide Master Plan has been adopted in principle by the Miami City Commission after
receipt of public input. The Virginia Key Master Plan sets forth a holistic development plan
for Virginia Key. It is the intent of this RFP to encourage an integrally planned and designed
development vision for the Property consistent with and substantially adhering to the Virginia
Key Master Plan to the extent permitted by law. The Virginia Key Master Plan is included
herein as Exhibit "D". Additional information concerning the Virginia Key Master Plan can
be obtained from the City's Department of Planning and Zoning, and can be accessed from
the following site: http://www.miamigov.Com!planning/virsziniakevmp.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, in compliance with applicable laws and regulations;
ii. Reconstruct the two marinas into a unified marina and provide for best utilization
of available space for dry rack storage, wet slips, and/or other uses;
iii. New marina to include all FDOT precast piles equal to or greater than 14";
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iv. Design, refurbish or reconstruct the marina pavement to meet applicable design
criteria for appropriate vehicles and loads to result from the proposed marina use
in visually appealing manner
v. Should include at minimum MMFX (9100 Classic) rebar in all poured in place
pile caps;
vi. Construction documents shall be subject to "peer review" of electrical and
structural design;
vii. Interior and perimeter walkways shall be a minimum of fourteen (14) ft. width;
viii. Buildings shall be no taller than the crown of the Marine Stadium, and shall not
significantly interfere with the site lines to the Miami skyline from the Marine
Stadium;
ix. Signage shall be designed to meet compatibility, uniformity and size standards
that do not compete with the architecture of the development, and that comply
with applicable Miami 21 zoning regulations;
x. Marina shall be required to achieve and maintain designation as a "clean and
resilient marina" as administered by FDEP, to the extent applicable;
xi. Design shall incorporate elements of the natural habitat and provide a varied and
plentiful palette of local native plant materials, which are 100% native and
consist of plants that comprise the coastal hammock habitat of Virginia Key;
xii. Design shall also take into account the protected natural habitats in the area.
xiii. Development of the Marina shall not impede redevelopment of the Marine
Stadium.
b. Wet Slips
i. Maximize the number of wet slips on site in light of market demand and revenue
generation;
ii. No wet slips will be allowed within the Historic Commodore Ralph Monroe
Marine Stadium Historic Basin. A map of this area is on file and available from
the City of Miami Historic and Environmental Office in the City Planning and
Zoning Department;
ill. Renovate or renew all the bulkheads along the entire wet slip marina, and
maintain the dock/bulkhead wall in good condition for the Lease Term, subject
to applicable rules and regulations;
iv. Dock construction shall be concrete docks or aluminum floating docks.
However, 100% fixed concrete docks are preferred. No wooden docks shall be
permitted;
v. Docks designed to sustain category two (2) or three (3) hurricane with boats in
the wet slips;
vi. New docks shall include modern dock design, with sufficient voltage, metered
water, and other utility requirements to provide for the proper operation of most
modern boats commensurate with the slip size;
vii. Docks shall be separately metered;
viii. Provide adequate amount of transient dockage for automated storage system;
ix. Provide for a public water taxi stop with no restrictions on timing or use;
x. Provide for small boat, kayak, and sailboat rental concession slips.
c. Dry Boat Storage
i. Maximize the number of dry racks on site in light of market demand and revenue
generation;
ii. All dry racks must fit within or around the general area depicted as the footprint
for dry boat storage on the Master Plan;
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iii. The dry boat storage facility may not exceed the height limitation (crown of
Marine Stadium) set forth in the Master Plan;
iv. Provide for an automated dry boat storage facility, including boat Valet services
and fueling station;
d. Restaurant & Bar
Major renovations to the restaurant, rather than demolition and development, are at the
option of the successful Proposer. However, the Proposer must ensure that all
restaurant facilities are in full compliance with all current and applicable local, state
and federal legal, code, regulatory, health, life/safety, licensing requirements including
without limitation, all applicable Americans with Disabilities Act ("ADA")
requirements. The successful Proposer shall maintain all restaurants in good condition
and repair for the Lease Term. Additionally, all restaurants shall comply with
applicable statutes concerning retention of tips or payment under section 207(1) 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.
L Ship's Store
Incorporate a Ship's Store providing for sale any necessary inventory or supplies to
meet marine vessels' daily requirements such as food, water, cleaning supplies,
medical supplies, safety supplies, spare parts, or any other customary equipment or
supplies needed for the navigation, marine recreation, maintenance, and operation of a
ship.
g. Fuel Station
i. Construct a new fuel station to be located on a dock in the west end of the
Property;
ii. Construct an additional fuel station in the dry boat storage area as noted above
to provide all valet services necessary for a First Class automated facility;
iii. All fuel stations on site must comply with SPCC requirements, to the extent
applicable.
h. Baywalk
Provide a fourteen (14) foot continuous baywalk within the Property boundaries to
serve as a waterfront promenade along the historic basin. This baywalk must conform
with applicable regulatory restrictions and guidelines, including, but not limited to, the
Miami 21 Zoning Code.
i. Access Road
The successful Proposer shall either: (l) 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.
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j. Public Boat Ramp
i. Plan, design, permit and construct a public boat ramp and floating dock, which
shall be located within the Property to the northwest of Miami Marine Stadium
in a similar location to where the existing public boat ramp is currently located;
ii. Provide planning, surveying, demolition, landscape and architectural design
services for the Public Boat Ramp;
iii. Provide construction administration services, including preparation of
construction bid documents, construction monitoring, special inspections and
close-out.
iv. Parking for the Public Boat Ramp may be provided off site adjacent to the
Property.
All improvements must be constructed at the Proposer's sole cost and expense. All
improvements are to be applied for, permitted, or otherwise approved as required by
applicable laws, codes and regulations by the Proposer or the Proposers authorized agents if
applicable. However, the City may assist the successful Proposer by providing City
documentation that may be required for zoning changes, PZAB hearings, and grant or
financing applications, at the City's sole discretion, pursuant to availability and at no cost to
the City.
In the event the Selected Proposer is unable to develop any portion of the property in the
manner required by this RFP, for reasons outside of their control (such as permit denials,
regulatory denials, City Commission denials, etc.) they shall be allowed to construct the
remaining portions of the Project at the City's sole discretion. In such case the City may
renegotiate a lower minimum annual rent. However, in no event will the City accept a rent
lower than fair market value.
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 principles stated in the Virginia Key Master Plan; such as, for
example, a fresh market or other facility ancillary to the Marina. The City shall have the sole
and absolute discretion to determine which ancillary uses are acceptable.
5. Virginia Key Marina Basin
The Successful proposer shall work with the City to design channel markings from the Public
Boat Ramp and Dry Boat Storage facilities that encourage motorized traffic to safely navigate
to and from the basin in a manner that minimizes boat wakes and is respectful of the
environment as well as passive users of the basin.
Additionally, the City reserves the right to cause, construct, build, operate, control, or create
a mooring field and/or marina 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.
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6. Miami -Dade County Submerged Land
Miami -Dade County is the fee simple owner of the submerged land adjacent to the
Rickenbacker Causeway and Northwest of the RFP Property ("County Submerged Land").
As the Master Plan currently contemplates a potential marina expansion into the County
Submerged Land, this RFP encourages the potential expansion at a later date, subject to all
applicable rules and regulations. Please note that the Miami -Dade County Manatee
Protection Plan delineates certain criteria for expansion; any such expansion shall be subject
to all applicable laws, including the criteria specified therein.
Proposer shall be required to coordinate with the City and obtain approval for any such
expansion prior to submitting a formal application with the County. Additionally, any
application will require City approval.
For the purposes of this RFP, Proposers should not provide designs for the potential
expansion and shall not be evaluated on such expansion. Nevertheless, the Successful
Proposer will not be precluded from pursuing such expansion at a later date, subject to City
Commission approval as to scope, design, construction, fees, schedule, etc. Additionally, the
below -specified redevelopment schedule shall not apply to this expansion, but shall be set by
the City Commission upon approval.
7. Lease
In order to be considered for the award of this RFP, the successful Proposer must enter into
a lease and development agreement with the City in substantially the form as the Lease
included herein as Exhibit "C". Additional information concerning the Lease can be found
in Section III.D. below.
8. 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 construction schedule, and therefore a corresponding phased
delivery of possession. The Lease Term shall commence upon execution of the Lease.
Subsequent phases of the lease shall be coterminous, i.e., run concurrently, with the initial
phase. Please note, however, that rent may be deferred during construction or other
negotiated arrangement subject to the below section 9 concerning rent.
9. Rent
Per City of Miami Charter Section 3(f)(iii)(B), the City of Miami may only lease waterfront
property on the condition that ,the terms of the contract result in a fair return to the City
based on two independent appraisals." Under no circumstance may the City accept a proposal
falling below the fair market value determined by the two independent state -certified
appraisers. Nor shall the City accept a proposal falling below the minimum base rent
established herein. The Successful Proposer's project shall be subject to a second fair market
appraisal by two independent appraisers to ensure that the return to the City is equal to or
greater than fair market value as required by the City Charter and Code. See also the City
Charter Section 29-B for related requirements.
The rent shall be inclusive of Base Rent as well as Percentage Rent. Proposals shall include
a stated commitment of annual lease payments to the City in the form of a guaranteed base
rent ("Base Rent") greater than or equal to Two Million Three Hundred and Fifty Thousand
Dollars ($2,350,000) annually PLUS a percentage(s) of gross revenues, which shall neither
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be adjusted nor otherwise interpreted to mean net of expenses ("Percentage Rent") equal to
or greater than six percent (6%) of wet slip and dry storage operations, six percent (6%) of
fuel sales, and four percent (4%) sublease income or other income received by Proposer from
the use of the Property, and any other proposed lease payments, as well as a stated
commitment to adhere to the City Charter requirement for compensation equal to fair market
value.
In order to ensure accurate records of revenues are maintained, the Lease shall provide that
the City shall have continuous electronic access to all banking and credit card deposit
information and 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. Base 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").
10. Referendum Requirement
Per Section 3(f)(iii) of the City Charter, the Lease will not be valid until it has been presented
and approved by public referendum. Lease negotiations must be substantially concluded in
time to be considered by the City Commission for placement on the selected election ballot.
The City together with the Selected Proposer may choose to present the Project by
referendum during a scheduled election as a "piggy -back" item (estimated cost of $125,000
currently scheduled for November 7, 2017), or may choose to schedule a special election
(estimated cost of $1,500,000), either of which shall be at the sole cost and expense of the
Successful Proposer.
The Successful Proposer shall be required to submit a One Hundred and Twenty -Five
Thousand -dollar ($125,000.00) deposit for the costs of including the Project as an item on
the ballot ("Referendum Deposit"). The Referendum Deposit shall be paid by the Successful
Proposer upon approval by the City Commission within ten (10) days' notice by the City.
Any portion of the Referendum Deposit that is not used shall be returned to the Successful
Proposer. In the event additional funds are required to place the question on the ballot, the
Successful Proposer shall be required to provide the same to the City within ten (10) days'
notice by the City.
If the voters reject the proposed transaction, the Project shall be terminated. In the event of
such a termination, the Successful Proposer has no vested rights, commercial, contractual, or
property rights, title or interest in the Property or to the Project, or any claim upon the City
for any expenses incurred in the proposal process, and shall have no recourse against the
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City, its agencies, instrumentalities, officials, or employees because of the rejection by the
voters. Notwithstanding the above, the City shall not be precluded from issuing a new RFP
in the event the voters reject the subject Project, or if the Project is otherwise cancelled.
11. Parking Garage
The Department of Off-street Parking d/b/a the Miami Parking Authority ("MPA") operates,
manages, supervises, and directs all municipal parking and municipal parking facilities
within the City of Miami. A municipal parking garage 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 for the patrons of the Project and for the Rusty
Pelican restaurant. The Project parking requirement will depend on the size and scope of the
respective Proposal as indicated in the below formula.
The number of required parking spaces for the Project will be based on four (4) spaces per
1,000 square feet of retail, one (1) parking space per every five (5) boats of dry or wet storage,
and eight (8) spaces for every 1,000 square feet of restaurant gross area. 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 above, including the retail
space in the garage itself. However, a minimum of 230 parking spaces shall be required for
the Project.
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 and the Rusty Pelican restaurant. The garage
shall be designed within the constraints and budget that MPA will specify.
The parking contribution to be paid into the Parking Trust Fund shall be based on
the above 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.
The Successful Proposer must pay the parking garage contribution in full prior to
execution of the Lease. Failure to pay the parking garage contribution fully and
timely will be just and fair cause for the City Commission to cancel or rescind the
award to the successful Proposer who shall have no recourse against the City, its
agencies, instrumentalities, officials, and employees from such cancellation or
rescission. It is agreed and stipulated that timely and full payment of the parking
garage contribution is an express condition precedent to the granting of and
execution of the Lease.
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The Successful Proposer shall have no vested or reserved interest, rights, options,
preferences, or security in the ownership of the MPA parking facility, other than
the City's commitment that those parking spaces 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. Notwithstanding the above, tenants of the area
(including the Rusty Pelican and Virginia Key Marina tenant) will be
accommodated per the terms of their respective agreements.
Option 2: The contribution to the Parking Trust Fund may be waived if the
Successful Proposer elects to build the MPA Parking at their sole cost and expense.
If the Proposer elects to build the MPA Parking, the parking structure must: (I ) be
available to the public; (2) provide the required amount of parking spaces for the
Project in addition to the required amount for the Rusty Pelican restaurant as per
Rusty Pelican's lease agreement with the City; and (3) be financially guaranteed
by the Proposer (to guarantee that the City/MPA obtains at least fair market value).
Construction and operation of the MPA Parking must be overseen and supervised
by MPA, subject to a Parking Development agreement to be executed by all
applicable parties. Additionally, the Proposer must have and maintain a reserve
fund for capital improvements and continued operation of the MPA 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 or other location within the Property ("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 for the
Project as well as for the Rusty Pelican restaurant per the Rusty Pelican lease
agreement with the City. The Proposer shall be responsible for the maintenance
and operation of the Proposer Parking during the term of the lease.
Option 4: The City shall consider all proposals that incorporate all parking
requirements (i.e., Project parking, Rusty Pelican parking, public availability, free
parking to Project customers, and maintenance, etc.), and which satisfy all the
regulatory and governmental obligations for the site.
Please note that the investment, contribution and/or any income generated from the Parking
on site shall not be considered by the Selection Committee in their evaluation of Proposals.
Please also note that the MPA Parking garage is intended to be built on property deeded to
the City by the County, and that such deed has certain restrictions. Use of that portion of land
for the development of parking will be subject to such restrictions. A copy of the deed is
included as Exhibit "G".
MPA may, in its sole discretion, elect to build additional parking spaces beyond what is
required for the Successful Proposer's Project and existing City and MPA parking
obligations. Should the MPA choose to build additional parking spaces, the MPA will pay
one hundred percent (100%) of the additional costs required for the additional spaces, as well
as the cost for any ancillary uses incorporated in the parking facilities.
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12. Boat Show
The Proposal shall be compatible with the Boat Show. The Successful Proposer shall enter
into an access agreement with NMMA. In no way may the proposed Project interfere with
or affect the Boat Show, any exhibitor tents, or any of the footprint, in a manner that would
diminish the amount of square footage provided to the Boat Show by two percent (2%) or
more. All parking on site and other facilities shall remain open during the boat show to satisfy
customers of the Project.
All construction by the Successful Proposer shall be limited or paused to the extent necessary
to permit access and use of the Property during the Boat Show, allowing for Boat Show
exhibition space and clear walking paths to and from Boat Show exhibits.
13. Regulatory Process — Permitting & Licensing
The plans for this Project will require various permits 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. Securing all such approvals,
consents, development permits, and similar required permissions shall be the responsibility
of the Proposer.
The City, pursuant to all necessary reviews and approvals of design concepts, will, if
necessary, provide owner sign -offs required for the Successful Proposer to obtain the
appropriate regulatory permits from local, state, and federal agencies. Compliance with all
legal and regulatory conditions will be required. Regulatory permits may be necessary from
the following agencies, including but not limited to: Miami -Dade County Department of
Regulatory and Economic Resources (RER); State of Florida Department of Environmental
Protection (DEP); U.S. Army Corps of Engineers (USACE); and the Federal Aviation
Administration (FAA). This information is intended to help Proposers determine the
applicable requirements and is not meant to be an exhaustive summary of all permits, licenses
and approvals required.
14. Redevelopment Schedule
The City will require the proposed renovations/redevelopment/reconstruction to have
obtained all required permits and commenced construction within thirty-six (36) months
from the Effective Date of the Lease. All physical improvements for all Project components
must be completed within sixty (60) months from execution of the Lease by both parties,
unless the Successful Proposer applies for and receives a waiver from the City. The City, at
its reasonable discretion, may grant a waiver extending the abovementioned schedule if the
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
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only to force majeure, otherwise the provisions of Section 29-B of the City of Miami Charter,
as amended, shall apply.
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.
15. 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 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,
save, hold harmless, and defend (at its own cost and expenses) the City, its officials,
employees, agencies and instrumentalities for all actions, claims, causes of action, liabilities,
damages and liabilities arising or accruing by virtue of the approval, leasehold, construction,
development, redevelopment, uses, activities, actions or omissions of the Proposer, its agents,
servants, representatives, consultants, and contractors relative to the proposed Project and
corresponding Lease, as determined by the City Manager, Office of the City Attorney, and
the City's Director of Risk Department. to the extent required, as determined by the Office
of the City Attorney and the City's Risk Department. The Indemnity/Hold Harmless/Duty to
Defend contained in the Lease furnished by the City will not be a negotiable item and shall
survive the cancellation of the Lease, as applicable.
16. 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. Construction costs for
purposes of this Section shall mean the total cost of the Project to the Proposer as designed
or specified by the Architect or Design/build firm including at current market rates a
reasonably customary allowance for overhead and profit, the cost of labor and material, and
any equipment designed, specified, selected or specially provided for by the Architect/or
Design/Build Firm , but not compensation to the Architect or design consultants, or the costs
of acquiring rights-of-way or easements or the like.
17. 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 has
been submitted into an escrow account. The Bid Deposit shall be subject to the terms
specified in Section II.F. above.
18. 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
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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 period 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.
19. Taxes
The Successful Proposer will not be responsible for any ad -valorem taxes, or any other levies,
governmental impositions, surcharges, taxes or assessments associated with the Property that
are due or may be owed prior to the Lease Effective Date. The Successful Proposer will,
however, be responsible for all taxes that are incurred commencing on and after the Lease
Effective Date.
20. Impact Fees
The Successful Proposer must pay for all impact fees related to all improvements to the
Property. Impact fees by Code requirement must be paid prior to issuance of a building
permit. For more information, see Chapter 13 of the City Code.
21. City's Real Estate Development Advisor/Broker
The City has engaged the services of CBRE, a real estate development advisor/broker for this
assignment. CBRE shall represent the City in all negotiations and the fiduciary
responsibilities of CBRE exist only to and on behalf of the City. CBRE shall be entitled to
a commission fee ("Commission Fee"), which shall be subject to State of Florida Contract
DMS -12/13-007, as approved and adopted by the City of Miami Commission, and the
provisions of the City Charter and Code. Upon execution of the Lease, the 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).
22. Pre -Proposal Submission Conference & Site Visit
The City may conduct one or more Pre -Proposal Submission Conferences and site visits on
dates and times that are yet to be determined. In the event of such conference, notice of the
date, time, and location shall be posted 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.
Proposers should independently verify factual items they deem relevant prior to response
submittal.
1. Parcel Size and Components
The Property is located in Virginia Key and includes approximately 26.65 acres of land,
including approximately 17 acres of which are submerged lands. Visible landmarks include,
to the northwest, Rusty Pelican Restaurant and to the southeast, Miami Marine Stadium.
Additionally, the site offers views of the City of Miami skyline.
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The following addresses and folio numbers pertain to the Property:
3301 Rickenbacker Causeway
Folio 01-4217-000-0020,
3605 Rickenbacker Causeway
Folio 01-4218-000-0010;
3501 Rickenbacker Causeway
Folio 01-4217-000-01 10 (NW Parcel);
3311 Rickenbacker Causeway
Folio 01-4218-000-0030;
No Address
Folio 01-4218-000-0031; and
3511 Rickenbacker Causeway
Folio 01-4217-000-0030 (NW Parcel),
2. Existing Conditions
The Property is located in Biscayne Bay designated as an Aquatic Preserve. The Project shall
conform to the prescribed requirements of environmental regulations governing the Biscayne
Bay Aquatic Preserves. All operations of the Project shall also conform to existing
environmental regulations and permitting requirements.
The Property, and its improvements, if applicable, are offered "AS IS, WHERE IS." No
representations or warranties whatsoever are made as to its condition, state or characteristics
by the City, including but not limited to any environmental conditions. Express warranties,
implied warranties of fitness for a particular purpose or use and habitability are hereby
disclaimed. Testing, audits, appraisals, inspections, etc., desired or necessary to prepare an
RFP response shall be at the sole cost and expense of the Proposers.
3. Environmental
The City has conducted a Phase I and Phase II Environmental Site Assessment, attached
hereto as Exhibit "E". Nevertheless, Proposers may also perform their own "due diligence"
inspections, including environmental site assessments, sampling and testing of the soils,
sediments and groundwater, subject to such conditions and limitations as the City Manager
may impose, including without limitation, requirements for supervision by the City,
indemnification of the City, disposition of reports and execution of any legal documents, as
the City Attorney may require.
Testing, audits, appraisals, inspections, or other non-invasive studies that are necessary or
desired to submit a proposal, shall be conducted at the sole expense of the Proposer, and only
with prior written approval by the City. The Successful Proposer shall remove or remediate
any hazardous materials that are required by law to be removed or remediated for the Project.
Additionally, all marine mitigation, or other mitigation efforts required by the applicable
agencies, shall be at the sole cost and expense of the Successful Proposer.
Additionally, Proposers should consider the potential impact of sea level rise while preparing
development plans in order to ensure increased resilience to the rising sea levels and proper
maintenance of the Property and Project.
4. Utilities
Water, sanitary sewer, electric and telephone utilities are currently available on the Property.
Proposers may obtain detailed plans showing underground utility installations from the
City's Public Works Department, 444 SW 2nd Avenue, 8th Floor, Miami, Florida 33130.
For additional information, please contact the respective utilities.
The Successful Proposer shall bear the sole financial responsibility for all connection fees,
design, construction, and installation costs and of any costs associated with compliance with
any County or City moratorium requirements that may be in force. The City will assist in this
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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
-13". Proposers are responsible for verifying all information concerning planning and zoning
requirements with the applicable agencies and departments. Any details provided herein
regarding the zoning process is for convenience only and Proposers should not rely upon
them without independently verifying the same.
For the purposes of this RFP, the City encourages the most innovative and most competitive
proposal that utilizes best practices, notwithstanding current zoning regulations, which can
be achieved as part of a future zoning process (i.e., Special Area Plan, re -zoning, etc.) and
which are consistent with the principles stated in the Virginia Key Master Plan. 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 of 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 CONTRACTA WARD
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 based on the following Evaluation Criteria:
Overall Experience and Qualifications
- Relevant business and Project team experience in similar projects
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- Availability of financiaUbusiness references
- Operational history reflective of capacity to meet Project goals
Financials and Proposed Revenues
- Financial return to the City, including Base Rent and Participation Rent
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- Reasonableness of Revenue Forecasts
- Financial capability
Design & Operational Plan
- Aesthetics & functionality of proposed improvements
- Improved efficiencies of marina operation and site utilization
- Effective use of site during construction/redevelopment
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- Commitment to protection of environmental assets and long term
resiliency of the Project
- Consistency with the Virginia Key Master Plan principles
Public Benefits and Local Participation
- Benefits received by the Public
- Participation of firms that maintain a local office
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- Hiring of City residents
- Use of Citv contractors
Based upon the Evaluation Criteria provided above, as more specifically defined in the
attached Detailed Evaluation Matrix included herein as Appendix 11, the Selection
Committee ("Committee") will evaluate, assign points and rank proposals in accordance with
the requirements of the RFP using the scoring guidelines provided by the Cite. The
Committee shall review the Evaluation Criteria, Detailed Evaluation Matrix, and the Project
Goals specified in this RFP, 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 Committee members shall be appointed by the City Manager, who reserves the right to
appoint voting members as well as alternates. The City Manager further 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 by said Committee
member to any other Proposer, and which discrepancy is insufficiently justified, in the City
Manager's discretion. In the event a Committee member's score is disregarded as abhorrent
as specified above, the City shall have the right to either disregard or replace said abhorrent
score with that of any alternate Committee members that the City Manager 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
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criteria of the RFP for negotiations. The Short-listed Proposers will each be invited to
negotiate a Lease 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
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
The Committee may choose to request an oral presentation from the Proposers. In the event
the Committee requests oral presentations, all three Short -Listed Proposers will be afforded
the same time limits for presentations and responses to questions, so as not to place one
Proposer at an advantage over any other Proposer.
6. Best and Final Offers
At the City's sole discretion, the City may request best and final offers ("BAFO") to be
provided prior to the final recommendation from the City Manager. 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 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.
7. Selection Committee Recommendation
The Committee will make its final ranking and recommendation 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, 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 (l) 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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9. 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, in
which case the consideration of the recommendation will be referred back to the Committee
for further deliberations in accordance with any additional points or matters referenced which
are in accordance with the Solicitation Criteria; or (4) instruct the City Manager to constitute
a new Committee and make recommendations. All applicable Charter and Code provisions
will be followed. The Final decision of the City Commission shall be final action by the City.
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
January 20, 2017
Optional Pre -Proposal Submission Conference and Site Visit
February 16, 2017
Deadline for Questions
March 21, 2017
Proposal Submission Deadline
April 20, 2017
Selection Committee Short List
May 8, 2017
Request for Best and Final Offers
May 15, 2017
Selection Committee Final Recommendation
May 26, 2017
Adoption of Legislation Authorizing and Directing the City
Manager to Execute a Lease subject to Referendum approval
July 27, 2017
Referendum
November 7, 2017
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 a Lease is fully executed,
and then only in the manner stipulated therein. The Lease shall not confer on, or vest in, the
Lessee any title, interest, or estate in the Property other than a leasehold interest.
The Lease will be furnished by, and always under the possession, custody, and control of the
City; however, the actual terms of the Lease shall be negotiated between the Successful Proposer
and City staff, subject to final approval by the City Commission. Once the parties agree to the
terms of the Lease, the executed Lease shall comply with this RFP. Certain clauses of the Lease
shall be deemed nonnegotiable, including, but not limited to, term, revocation, insurance,
indemnification, taxes and impositions, compliance with public records laws, compliance with
RFP requirements, etc. Notwithstanding the above, Proposers may request additional terms
within the aforementioned nonnegotiable clauses so long as they are consistent with the
solicitation. Revisions to non-negotiable terms shall be disregarded. The City may make
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additional changes to the Lease prior to execution to ensure consistency with the terms of this
RFP, subject to review and approval by the City Attorney.
The Lease may be assigned or transferred to a third unrelated party during the lease term, subject
to and at the discretion of the City, which shall not be unreasonably withheld conditioned or
delayed. Such transfer or assignment may be subject to financial and operational ability of the
transferee, including that the proposed transferee shall not be deemed non -responsible for the
criteria specified above in section II.G, and at no time shall be allowed without the consent of the
City. Any such assignment or transfer prior to the fifth (5th) anniversary of the Lease Effective
Date, shall require a payment to the City equal to four percent (4%) of gross proceeds from the
transfer; at any time after the fifth (5th) year, a five percent (5%) payment of the gross proceeds
will be due to the City upon transfer ("Transfer Fee"). The above-mentioned Transfer Fee will
apply even if the transfer or assignment is to a related, subsidiary, or affiliated entity. Note: All
leasehold improvements shall become the sole property of the City upon the expiration or earlier
termination of the Lease.
Additionally, the Lease will provide a review period to confirm compliance with the RFP and
other Lease requirements, including the redevelopment schedule. Proposer's failure to achieve
any of the development milestones is a Lease default, unless otherwise granted a waiver by the
City as specified in section HLA. 14. above. Such default entitles the City to claim the Deposit
and the Successful Proposer's leasehold interest shall revert to the City, at the City's discretion.
Further, the Lease shall provide that the City will be provided with all correspondence and
material associated with the permitting process on a regular basis, including any studies and
reports produced for the Project.
E. BACKGROUND CHECK/DISQUALIFICATION
The City will perform, or cause to be performed, a complete background check and investigation
(including obtaining credit reports) of the proposing entity, 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 9 along with their
proposal submission. For the purposes of this solicitation, a principal shall be defined as any
person, individual or entity having any ownership or major operational role in the Proposer's
Project. Proposers that include as part of their team foreign nationals or foreign entities must fully
comply with all of the requirements of the Patriot Act. Those Proposers who do not comply 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, I inch margins, and single spacing shall be utilized on all text
documents submitted. There shall be submitted one (I) original, eighteen (18) bound copies with
tabs, one ( I ) unbound copy without tabs for possible duplicating needs and one ( I ) 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 I" 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 and the considerations made
to protect the environment.
6. REDEVELOPMENT SCHEDULE
Proposers shall include renovation/redevelopment schedules for the leasehold improvements
which take into account the commencement dates required by the City and delineates the
renovation or redevelopment of each component. The Proposal shall include a narrative
accompanied by a graphic timeline or schedule detailing all phases of the development
including developer due diligence, planning and design, permitting, construction, and
operations. The schedule must include an explanation of how the phasing of the Project was
determined and a projection of the Project completion time required following the development
team receiving control of the site.
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7. PROJECT PLAN
The Project plan shall take into account all of the principles, guidelines, and requirements
specified in this RFP, as well as the principles stated in the Virginia Key Master Plan. A team
of specialized, registered design professionals shall prepare the Project plan. Additionally,
please note that any material changes to the original Project plan made after commission
approval of the lease and development agreement shall be subject to input from the Virginia
Key Advisory Board and final approval from the Miami City Commission.
The project plan shall include:
(a) Narrative Description of the proposed Project plan:
Proposer must include a detailed development plan for the marina and boatyard,
restaurant, ship's store and all other components of the Project. Proposers must also
specify how they plan to manage the site and maximize revenue through optimized slip
management, restaurant patronage, and all other revenue -generating facilities on the
Property. Additionally, Proposers must identify how they plan to address the various
components required in this RFP, including, but not limited to, environmental
considerations and resiliency;
(b) Site Program Analysis, including:
• Overall site development including improvements, and surrounding modifications to
the Property.
• Number and use(s) of building(s), and respective square footages (both gross and
rentable).
• Number, type, size, construction and description of proposed operations by category.
• Number of wet and dry slips (including total linear feet of each type specified).
• Architectural features.
• Permitting and environmental issues.
• Features incorporated in light of environmental concerns, including protections for
adjacent critical habitats and sea level rise.
• Parking solutions or agreements.
• Traffic Plan
• Sewage Plan
• Pollution Control Plan
• Storm Management or Hurricane Plan
(c) Renderings of overall site as well as from within the Project, illustrating:
• Context
• Building Height
• Architectural Features
• S ignage
(d) Proposed Project Site Plan
The Site Plan should illustrate the relationship and connectivity of the proposed Project to
adjacent roadways, residential or commercial neighborhoods, Virginia Key, and the
general area.
The Site Plan should also identify the location of all the RFP requirements specified in
section III.A.3. above, as applicable, as well as the following:
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• Land/Space Uses
• Building Location
• Pedestrian Access
• Parking areas
• Landscaping
• Lighting
In addition to the identification of project components, the following additional
information must be provided in connection with the site plan:
(e) Sketch of Proposed Improvements:
Provide a sketch of the proposed 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
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 detailed financial feasibility and cash flow analysis. The financial
feasibility of the Project shall be presented in a fashion to enable a clear understanding of the
financial inflows and outflows of the projected revenues and any other financial returns over a
projected fifteen (15) year period. The analysis should include projected profit and loss runs,
including revenues, operating expenses, development costs, debt service, etc., and an integrated
financial cash flow projection showing the phased renovation, building, and completion
schedule.
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Proposers must include a 15 -year pro -forma in excel spreadsheet format including formulas.
The pro -forma should include individual line items that support all proposed/projected
revenues and expenses, inclusive of line items for gross slip revenue, gross marina operation
revenue other than slip revenue, gross ship store revenue, gross fuel revenue, gross revenue
from any other proposed income streams, individual line items associated for each of the
corresponding percentage revenue calculations that apply to these revenue sources and are to
be paid to the City, and all expenses. Please note that, for the purpose of the pro -forma and
other financial projections, NPV shall be discounted at five percent (5%).
Gross revenue shall be defined as the total of all revenues, rents, income and receipts, received
by Proposer from any person whomsoever (less any refunds) of every kind derived directly or
indirectly from operation of the Property, including without limitation, income from both cash
and credit transactions.
11. FINANCIAL PLAN
a) Financing Plan
Proposals shall include a description of the total estimated cost of construction and
corresponding financing plan for the Project, including a description and estimate of all
sources of construction and permanent debt and equity funds to be used in the Project.
Estimated total construction costs should not be materially different than proposed unless
as a result of unknown on-site conditions. Proposers shall ensure that target returns and
other financing considerations are presented. The City reserves the right to further evaluate
and/or reject financing commitments when the term, the identity of the financing source or
other aspect of such financing is deemed not in the best interest of the City or the Project.
b) Infrastructure Cost Estimate
Proposers shall prepare and submit estimates of the initial infrastructure costs of the
Project. The estimates shall be complete in that no cost elements are excluded, realistic in
that quantities and prices used in developing the estimate reflect actual market level or best
estimates of future price levels and credible in that the estimating methodology used is
consistent with applicable industry standards and practices. For the purposes of this
requirement, "infrastructure costs" shall mean all costs associated with roads, utilities such
as water, sewer and electricity.
c) On -Going Capital Infrastructure Costs
This Section shall include all elements or components of the capital assets that require
future expenditures beyond normal maintenance, or replacement at the end of their
economic life that are expected to occur within the Lease Term, including for example any
and all costs associated with ensuring resiliency of the various components of the Project.
Please note the preference to incorporate a resilient design with considerations made for
sea level rise in order to provide structures with a longer anticipated economic life. Along
with each element of on-going capital costs, Proposers shall estimate the corresponding
contingency allowance with the estimate for each cost element. The Successful Proposer
shall be required to contribute 1% of gross revenues to a Capital Infrastructure Escrow
Account (per defined escrow requirements) to fund on-going capital infrastructures costs.
d) 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.
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2. FINAL RETURN TO THE CITY
The Proposer shall provide a base rent to the City equal to or greater than Two Million Three
Hundred and Fifty Thousand Dollars ($2,350,000) annually, PLUS percentage rent equal to or
greater than six percent (6%) of wet slip and dry storage operations, six percent (6%) of fuel
sales, and four percent (4%) sublease income or other income received by Proposer from the
use of the Property and periodic escalators. The City expects fair market value to be achieved
from the escalating minimum guaranteed base rent, with percentage of gross revenues and any
additional proposed rents providing the City with a share of the Project's financial upside.
Proposals shall detail other financial benefits to the City such as estimated property taxes, and
other non-financial benefits such as new jobs created. Please also note additional details
regarding rent specified in Section III.A. above.
3. EXPERIENCE AND QUALIFICATIONS
The Proposer shall provide details on the proven record of accomplishment, qualifications and
experience of the key persons involved in the management and operations of the proposed
business (`'Business Team") and the key persons to be involved in the remodeling, renovation
or build -out of any proposed improvements ("Development Team").
Proposers are required to assemble the requisite expertise, experience, financial and
management capability to meet the 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 project of this scope and size
within the last fifteen (15) years, OR
■ Proposer and/or its principals shall possess and have a minimum of any five (5)
years of experience directly involved in the ownership and day-to-day operation
of a project of this scope and size within the last ten (10) years.
b) At the time of submission, Proposer and/or its principals, must have played a leading
role or must have had principal responsibility or other demonstrated experience in the
successful design, remodeling, renovation and build -out of a project(s) of similar size
and complexity as the Project and uses proposed.
c) Proposer and/or its principals must have had experience with the successful financing
of at least one (1) project of similar size or greater.
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.
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e) Proposers must provide sufficient funds to conduct a background check as required by
Section 111(E) above, and the Proposers must be deemed by the City to be both
"responsive" and "responsible" pursuant to Section 11(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 either on a reference letter or Letter of Commitment, either of
which must be attached as part of Appendix 3, showing the Proposer's capacity to
develop, maintain and operate the proposed business operations. The financial
reference letter or Letter of Commitment must be on the financial institution's
letterhead stationery.
h) Proposers must comply with the background check requirements in Section 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 9.
4. PROPOSAL ATTACHMENTS
(A) RFP Registration Form & Fee: Complete Registration Form attached hereto as Appendix
2 and pay the applicable fees associated with this RFP, including:
(i) A non-refundable Registration Fee equal to $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
a. Referendum Deposit— Due upon request after City Commission approval;
b. Earnest Money Deposit— Due upon Lease execution;
c. Parking Garage Contribution, as may be applicable — Due upon Lease
execution.
(B) RFP Submission Form: Complete to its entirety the RFP Proposal Submission Form
attached hereto within Appendix 3. Please note that a "responsible proposal" is one that
has the capability in all respects to fully perform the requirements set forth in the proposal
and the proposed Lease. A "responsive proposal" is one that conforms in all material
respects to the 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
4. Resumes should be provided for all members of the Business Team.
(D) Development Team Qualifications: Complete the Development Team form included as
Appendix 5. Resumes should be provided for all members of the Development Team.
(E) Certifications: Complete the appropriate Certification of Authority attached in Composite
Appendix 6.
(F) Disclosure/Disclaimer: Complete the Proposer's Disclosure/Disclaimer attached hereto
as Appendix 7.
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(G) Consent Forms: Complete the Consent Form attached hereto as Appendix 9.
(H) Non -Collusion Affidavit: Complete the Non -Collusion Affidavit attached hereto as
Appendix 10.
(I) Proposer's Organizational History/Structure and Chart: In a narrative 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.
(.J) 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 INFORMA TIONI CLARIFICA TION
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 March 21, 2017. Interested individuals
("Proposers") may e-mail or fax their requests to the attention of, Jacqueline Lorenzo, Property
Management Specialist ('"Project Manager") at the City of Miami, Department of Real Estate and
Asset Management at E-mail: 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 2:OOPM on April 20, 2017.
Responses must be clearly marked and labeled on the outside of the envelope/package as
"Virginia Key Marina RFP No. 16-17-011" Failure to submit a Response by the due date and
time, and at the location specified above, shall result in automatic disqualification.
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PLEASE NOTE THIS DRAFT MAYBE SUBJECT TO FURTHER REVISIONAFTER FINAL
INPUT IS RECEIVED FROM THE VIRGINIA KEYAD VISOR Y BOARD AND SEA LEVEL RISE
COMMITTEE ON JANUAR Y 4, 2017
REQUEST FOR PROPOSALS
(RFP NO. 16-17-011)
FOR
LEASE OF CITY -OWNED WATERFRONT PR ERTY
FOR MARINAS/RESTAi1RANT/SHIP'S STORE USES
LOCATED AT
VIRGINIA KEY,
MIAMI, FLORID
RFP Distribjded By:
Y OF
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* INC88P 88AT18 7k
18 98
Q R
/ CITY OF MIAMI
DEPARTMENT OF REAL ESTATE AND
ASSET MANAGEMENT
ISSUE DATE: January 20, 2017
PROPOSALS DUE DATE: April 20, 2017
eftp of '41iomi
G ilv OF �?
, ry
* v onn<<o 6*
d, Inco ie�ss
� 0 R 10
January 20, 2017
Ladies and Gentlemen:
SUBSTITUTED
The Department of Real Estate and Asset Management ("DRE ") for the City of
Miami ("City") does hereby issue the attached Request for Prop is ("RFP") for the
development and lease of prime waterfront property located in Virgim ey, Florida. The goal of
this RFP is to create a vibrant recreational marina and restaurant tination with an ancillary
ship's store facility for City residents and tourists alike.
As described herein, the vision of this RFP is to he implement major components of
the Virginia Key Master Plan. The Successful Proposer 1 be entering into a long-term lease
with the City for approximately 26.65 acres/3313'511
uplands and submerged land) of
waterfront property located at 3301, 3605, 3501Rickenbacker Causeway, Miami,
Florida, and more specifically shown in the sural description included as Exhibit A
("Property").
The City hereby requests=ciop?aunPrers submit a proposal package including all of the
items required by this RFP. This ts information regarding the Property, submission
requirements, and selection procedures arefully review all enclosed documents. Proposals must
comply with all submission require nts to be eligible for consideration. All information and
materials submitted will be thor ghly analyzed and independently verified. Proposals must
present a definitive build -out pr ram, completion schedule, financial plan, design, and proposal
responding to all requirement f this RFP to form the basis for selection by the City.
Proposals mu�stOPC delivered to the Office of the City Clerk (First Floor Counter), City
Hall, 3500 Pan Amen n Drive, Miami, Florida 33133, by 2:00 PM, on April 20, 2017. Late or
incomplete propos5K will not be considered. A list of all Proposers will be made public the
following day. TAe successful proposal will be subject to the requirements of the Charter and
Code of the On behalf of the City of Miami Mayor and Commissioners, I welcome
responsive p posals that will realize the full potential of this prime real estate location.
Daniel J. Alfonso
City Manager
W
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TABLE OF CONTENTS
L EXECUTIVE SUMMMARY
IL GENERAL TERMS AND CONDITIONS
III. SPECIAL CONDITIONS
A. PROPOSED PROJECT
B. THE PROPERTY
C SELECTION PROCESS AND CONTRACTA WARD
D. LEASE
E BACKGROUND CHECK/DISQUALIFICATION
IV. TECHNICAL SPECIFICATIONS
A. PROPOSAL REQUIREMENTS & FORMAT
B. DEADLINE FOR RECEIPT OF INFORMATIO/ICES
C. RECEIPT OF RESPONSES
EXHIBITS & APPE
EXHIBIT A LEGAL D/EE
SU EY
EXHIBIT B MIAMI 21E S CIVIC SPACE
EXHIBIT C DRAFT LOPMENT AGREEMENT
EXHIBIT D VIRGINIAR PLANEXHIBIT E ENVIRONE ASSESSMENTS
EXHIBIT F TITLE DOEXHIBIT G COUNTYRAGE DEED
APPENDIX 1
RF O. 16-17-011 CHECKLIST
APPENDIX 2
GISTRATION FORM
APPENDIX 3
RFP PROPOSAL SUBMISSION FORM
APPENDIX 4
BUSINESS TEAM EXPERIENCE
APPENDIX
DEVELOPMENT TEAM EXPERIENCE
APPEND 6
ENTITY CERTIFICATE OF AUTHORITY
APPE IX 7
DISCLOSURE/DISCLAIMER FORM
A NDIX 8
INSURANCE REQUIREMENTS
PPENDIX 9
CONSENT FORMS
APPENDIX 10
NON -COLLUSION AFFIDAVIT
3
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REQUEST FOR PROPOSALS
VIRGINIA KEY MARINA
(RFP No. 16-17-011)
I. EXECUTIVE SUMMMARY
Opportunity: The City is seeking responsive proposals from qualified Proposers/lling to
plan, redesign, renovate and redevelop, lease, manage and operate mixed-use
waterfront facility including, but not limited to, a marina, atyard, dock
master's office, ship's store, dry storage, wet slip docks, d at least one
restaurant ("Project").
Location: 3301, 3605, 3501, 3311, & 3511 Rickenbacker Ca way, Miami, Florida,
shown respectively as Parcels 1, 2, and 3 on the rvey included herein as
Exhibit "A" ("Property").
Property Size: Approximately 26.65 acres, including upland d submerged land property. The
submerged land is estimated to be approxi ely 17 acres.
Zoning: Development capacity and program f this site are regulated by the City of
Miami Comprehensive Neighborhoo Ian and the Miami 21 Zoning Code. The
applicable zoning designation is C Civic Space Zone according to the Miami 21
Zoning Code.
Condition of
Property: The Property and its impro ments are offered "AS IS, WHERE IS" by the City.
No representations or w antics whatsoever are made as to its condition, state or
characteristics. EXP SSED WARRANTIES AND IMPLIED WARRANTIES
OF FITNESS F A PARTICULAR PURPOSE OR USE AND
HABITABIL IT Y RE HEREBY DISCLAIMED. IMPLIED WARRANTIES
OF MERC TABILITY AND/OR SUITABILITY ARE HEREBY
DISCLAIM No representation whatsoever is made as to any environmental
or soil in r.
Taxes, Impositions: The oposer selected ("Successful Proposer") is responsible for all taxes and
Xy
ssments due on the Property. The Successful Proposer shall be required to
for any survey(s), site plans and application fees required for the
mpementation 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 Appro The City -owned submerged lands included in the Property are subject to a
"Municipal Purpose" deed restriction provided by the State of Florida Board of
Trustees of Internal Improvement Trust Fund ("TIITF"). The TIITF deed is
included in Exhibit F of this RFP. As a condition precedent of the Lease, the
City will seek a finding of municipal purpose or (if applicable) a waiver of the
deed restriction for the use of the submerged lands. The Successful Proposer
shall bear all costs, fees, waiver payment fees, and/or any other required
payments to the State in association with the State approval process.
E
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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 Virginia Key
("Master Plan"). It is the intent of this RFP to encourage an integrally planned
and designed development for the Property consistent with the plannin
principles identified in the Master Plan.
Lease: The lease agreement included herein as Exhibit "C" ("Lease") shall beecuted
following the award of this RFP. Certain provisions of the Lease SA 1 remain
non-negotiable, including, but not limited to, items specifically re fired by this
RFP, as well as indemnification, hold harmless, insurance, and g rantees.
Lease Term: The Lease consists of a forty-five (45) year initial term, wit o (2) fifteen (15)
year renewal terms. The total term, inclusive of both re als, may not exceed
seventy-five (75) years ("Lease Term"). The Proje shall be planned in a
contiguous manner, although there may be a phase elivery of possession. The
Lease Term shall commence upon implementatio f the first phase. Subsequent
phases of the lease shall run concurrently with t initial phase.
Rent
Requirements: RFP responses sh/Percent
lude a minimum b e rent equal to or greater than Two
Million Three Hd and Fifty T sand Dollars ($2,350,000) annually
("Base Rent"). Ccing on the f anniversary of the Effective Date of the
Lease and on eacersary the fter during the Initial Term, the per annum
Base Rent amounbe adjus to the greater of: an increase by one percent
(1%) of the prevear's se Rent, or an increase based on the amount
indicated by theme rice Index as of three (3) months prior to the
beginning of the a adjustment date. In no event shall any such annual
adjustment to theent result in an increase which is less than one percent
(1%), or more the Percent (5%), of the Base Rent amount immediately
prior to the effecte of such adjustment.
Additionally, roposals must provide that the City shall receive a percentage rent
equal to or eater than (6%) of wet slip and dry storage operations, six percent
(6%) of el sales, and four percent (4%) sublease income or other income
receiv by Proposer from the Project ("Participation Rent"). Additional rent
ma e applicable, as negotiated and specified in the Lease.
/Money
uccessful Proposer shall contribute a minimum of three million four hundred
nd fifty thousand ($3,450,000.00) dollars to the construction of an adjacent
unicipal parking garage ("City Parking"). The City Parking will be a
unicipal parking garage operated, directed and maintained by the Miami
arking Authority ("MPA"). Actual contribution amount to be based on the
umber of parking spaces required for the Project. Alternatively, the Successful
roposer may provide its own Proposer Parking or may construct and operate the
ity Parking itself, subject to additional restrictions specified below.
he 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.
5
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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 one
hundred and twenty-five thousand dollar ($125,000.00) deposit in order to pla
the lease terms on the ballot for approval. ("Referendum Deposit") er
receiving approval by the City Commission, Any unused portFhi
n the
Referendum Deposit shall be returned to the Successful Proposer. event
additional funds are required to place the question on the ballot, thuccessful
Proposer shall be required to provide the same to the City within (10) days'
written notice.
Wet & Dry Storage: The marina shall provide the most efficient and cost effectiv number and size of
dry storage racks and wet slips in light of market co itions. The size and
number of any and all wet slips shall be subject to 11 applicable rules and
regulations, including, but not limited to, zoning, rmitting, aquatic preserve
limitations, and other regulatory requirements.
Access Road: The Successful Proposer shall either: (1) in ' tain the access road indicated as
Parcel 2 in the survey attached as Exhib* "A'; or (2) provide an alternative
access road in a substantially similar vi ' ity as that indicated as Parcel 2 in the
survey attached as Exhibit "A". The P lic, including the agents, employees, and
invitees of the adjacent Rusty Pe ' an Restaurant, shall be granted access to,
over, and across the above -menti ed access road.
Public Boat Ramp: The Successful Proposer sh be required to plan, design, permit and construct a
public boat ramp and Xitlional
g dock on the Property to the northwest of Miami
Marine Stadium as an component of the Virginia Key Master Plan.
Boat Show: The Successful Pr PO
shall allow the NMMA boat show event ("Boat Show")
access and use ortion of the Property annually during the seven (7) days of the
Boat Show, OKCIusive of President's Day weekend. The Successful Proposer
shall also commodate the Boat Show during the three (3) week set up period
and/theo (2) week tear down period for a total not to exceed six (6) weeks.
Thtion shall be coterminous with the Lease for as long as the Boat Show
is hirginia Key.
Registration /Miami".
my those Proposers who register can participate. For registration as an official
roposer and to receive a complete RFP package and RFP addenda as they are
ublished, Proposers must submit a non-refundable fee of $150.00, in the form
f a cashier's check, money order, or official bank check, payable to the "City of
ty: 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:
Registration Contact
Proposal Due Date
and Location:
The City may conduct a Pre -Proposal Submission Conference and Site Vi on a
date and time that is yet to be determined. In the event of such Co erence,
notice of the date, time, and location shall be posted by Addendum d sent to
all registered proposers.
Jeff H. Carson
CBRE I Valuation and Advisory Services I Marinas
200 South Orange Avenue, Suite 2100
Orlando, Florida 32801
T: (386) 672-3339
C: (386) 405-0029
E: Jeff. CarsonAcbre. com
April 20, 2017, 2:00 P.M.
Office of the City Clerk, City of
3500 Pan American Drive, First
Miami, FL 33133
7
OCity Hall
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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 is
solicitation.
3. Bid Solicitation — shall mean this solicitation documentation, including any and all denda.
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 Ass anagement.
7. Registered Vendor — shall refer to a firm that has submitted a complete egistration Form.
8. Successful Bidder/Proposer — shall mean the Bidder(s) recommende or award.
B. Instruction to Bidders
1. Bidder Qualification and Registration
It is the policy of the City to encourage full and open mpetition among all available
qualified vendors. To be eligible for award of a contract, adders must register by submitting
a completed Registration Form and providing a fee of e hundred and fifty dollars ($150) in
the form of a cashier's check, money order, or offici ank check.
2. Public Entity Crim/threshold
To be eligible for of a contract, fi s wishing to do business with the City must
comply with Sectio133(2)(a), Flori Statutes, which provides that a person or affiliate
who has been placehe convicted odor list following a conviction for a public entity
crime may not submid on a co ct to provide any goods or services to a public entity,
may not submit a Ba contr with a public entity for the construction or repair of a
public building or work, ay not submit Bids on leases of real property to a public
entity, may not beed perform work as a contractor, supplier, subcontractor, or
consultant under a c ith any public entity, and may not transact business with any
public entity in excthe threshold amount provided in Section 287.017 of the Florida
Statutes, for CATETWO for a period of 36 months from the date of being placed on
the convicted vendo
3. Request for A itional Information
/Addenda:
hence: Pursuant to Section 18-74 of the City Code, all Bid Solicitations, once
sed and until an award recommendation has been forwarded to the appropriate
ty are under the "Cone of Silence". Any communication or inquiries, except
rification of process or procedure already contained in the solicitation, are to
de in writing to the attention of the Project Manager identified in the Bid
ation with a copy sent to the City Clerk
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
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prevail. 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 id
requirements, terms, and conditions of this solicitation. Pleas of ignorance by the Bi er of
conditions that exist or that may exist will not be accepted as a basis for va mg the
requirements of the City, or the compensation to be paid by the Bidder. This s citation is
subject to all legal requirements contained in the applicable City Charter City Code
provisions, as well as all applicable County, State, and Federal laws. It is responsibility
of the Bidder/Proposer, prior to conducting any lobbying regarding this so citation to file the
appropriate form with the City Clerk stating that a particular lob b st is authorized to
represent the Bidder/Proposer. The Bidder/Proposer shall also file a with the City Clerk
at the point in time at which a lobbyist is no longer aut rized to represent said
Bidder/Proposer. Failure of a Bidder/Proposer to file the opriate form required, in
relation to each solicitation, may be considered as evidence t t the Bidder/Proposer is not a
responsible contractor.
5. Change or Withdrawal of Bids
i. Changes: Prior to the scheduled Bid receipt a opening, a Bidder may change its Bid
by submitting a new Bid. No material nges to a Bid will be accepted after Bid
closing.
ii. Withdrawals: A Bid shall be irrevo le unless the Bid is withdrawn as provided
herein. A bid may be withdrawn e hundred -eight (180) days after the Bid has been
received and opened and p ' r to award, by submitting a letter to the Project
Manager identified in thi id Solicitation. The withdrawal letter must be on
company letterhead and to/
ed by an authorized agent of the Bidder.
6. Conflicts within Bid Solie tion
Provisions contained h in will be interpreted in a manner consistent with all other
provisions. However, here there exists a conflict between the General Terms and
Conditions, Special onditions, the Technical Specifications, or any addendum issued, the
order of precede e shall be: the last addendum issued, the Technical Specifications, the
Special Condit' s, and then the General Terms and Conditions.
C. Preparation ids
1. Reg,
ion Form — Bidders are required to register in the manner indicated above, in order
/.Authorized
nd to solicitations issued by DREAM.
ion Submittal Forms — the Bid Submission Form and all other required solicitation
ts define requirements of the solicitation, and must be completed and submitted as
within the solicitation. Use of another form may result in rejection of Bidder's offer.
Agent — An authorized agent of the Bidder's firm must sign the Proposal
ion 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.
5. 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
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exceed minimum requirements and must be submitted by separate submittal marked
"Alternate Bid".
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 sh/prevail.D. Cancellation of Bid Solicitation
The City reserves the right to cancel, in whole or in part, any solicitation when iinterest of the City. The City shall have the sole and absolute discretion to determin
are in the best interest of the City.
E. Award of Bid Solicitation
1. Generally — This Bid may be awarded to the responsible Bidder meet' g all requirements as
set forth in the solicitation. The City reserves the right to reject a and all Bids, to waive
irregularities or technicalities and to re -advertise for all or any p of this Bid Solicitation as
deemed in its best interest. The City shall be the sole judge of i est interest.
2. Multiple Components — When there are multiple projects r components within a single
solicitation, the City reserves the right to award on an ' ividual project/component basis,
any combination of projects/components, based on t total greatest financial return to the
City or in whichever manner deemed in the Cit best interest. This language is only
applicable if so indicated under "Executive Su ary", "Special Conditions" or "Technical
Specifications".
3. Unreasonable Offers — The City resery the right to reject any and all Bids if it is
determined that prices are insufficient, b offers are determined to be unreasonable, or it is
otherwise determined to be in the City' est interest to do so.
4. Negotiations — The City reserves t right to negotiate price with the bidder providing the
best financial return to the Ci , provided that the solicitation's scope of work and/or
minimum requirements remain e same.
5. Qualified Bidders — Awar of this Bid Solicitation will only be made to firms that have
completed the Registrati Form and satisfy all necessary legal requirements to do business
with the City.
6. Contractor Respo ibility — Pursuant to City Code Section 18-120, the Bidder's
performance as a ime contractor or subcontractor on previous City contracts shall be taken
into account i aluating the Bid received for this Bid Solicitation.
7. Award Inf mation — To obtain a copy of the Bid tabulation, upon notice of Award
Recomm dation, Bidder(s) may request bid tabulations or other award information by
contac ' g the Project Manager outlined within the solicitation.
8. Co act — The Bid Solicitation, any addenda and/or properly executed modifications, and
t subsequent agreement(s) shall constitute the resultant contract.
9. equired 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
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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 will accept the order or agreeme/contract
it
awarded to said bidder. Bidder shall forfeit bid deposit to the City sha rd
contract/agreement to Bidder and Bidder fails to accept the award. The City reht to
reject any and all surety tendered to the City. Bid deposits are returned to unsucceupon
demand within fifteen (15) days after the award and successful bidder's acceprd. If
ninety (90) days have passed after the date of the formal solicitation closing date, act has
been awarded, all bid deposits will be returned upon demand.
Failure to execute an agreement and/or file an acceptable Pe/shbe
d, when required, as
provided herein, shall be just cause for the annulment of the e forfeiture of the Bid
Security to the City, which forfeiture shall be considered, noy, but in mitigation of
damages sustained. The amount of the Bid Deposit or Bid Boliquidated sum, which
shall be due in full in the event of default. Award may then benext lowest responsive,
responsible Bidder or Proposal most advantageous to the City or may be rejected.
G. Responsive/Responsible Proposers
Subject to City of Miami Code sections 18-95 and 18-1 , the City shall have reasonable discretion
to deem any proposal non-responsive/non-responsible ased on whether the proposing entity or any
of its members: i) are in arrears to the City for any ebt or obligation; ii) have any uncured defaults
or have failed to perform under the terms of y agreement or contract with the City or other
government entity within the past ten (10) ye ; iii) are in default under any agreement or contract
with the City or other government entity o e date and time the proposal is due; iv) have caused
fines penalties, fees or similar imposition o be levied against the City; v) have any past, present or
on-going litigation with the City or o er government entity; vi) have filed and not prevailed in
frivolous lawsuits, as that term is def ed by section 57.105, Florida Statutes as determined by a final
order of the court; vii) have pa , present or pending involuntary bankruptcies, liquidations, or
foreclosures within the past sev (7) years on projects or businesses they have owned, operated, or
controlled a majorityinteres i.e., ownership of ten percent (10%) or more of the entity stock or
shares); viii) have been fo d liable by any legal or administrative entity via any proceedings for
environmental damage, c tamination or any other environmental liability; ix) have failed to disclose
involvement in any egal or administrative proceedings concerning environmental damage,
contamination or a other environmental liabilities, whether found liable or otherwise; x) have
failed to disclose y of the above; or xi) have otherwise been determined as not responsive and/or
responsible as fined by 18-73 and 18-95 of the City Code, and by the laws of the State of Florida.
Similarly, y Proposer, or its principal(s) that is determined by a court of competent jurisdiction or
adminisorhtive agency, to have caused any liability or damage to the City, directly or indirectly, shall
be inygiediately responsible for payment of the judgment or fines. If the Proposer or its principal does
no ay the judgment or fines, within thirty (30) days after the date of the City's written notice, either
ring 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
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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.
I. Laws and Regulations
The successful Bidder shall comply with all laws and regulations applicable to enter to the
agreement specified in this Bid Solicitation. The Bidder shall comply with all applica enter/
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 an pay for all permits
and/or inspections, and comply with all laws, ordinances, regulations and bui mg code requirements
applicable to the agreement required herein. Damages, penalties, and/or fi s imposed on the City or
an awarded bidder for failure to obtain and maintain required licenses, rtifications, permits and/or
inspections shall be borne by said awarded bidder.
K. Responsible Wages
The awarded bidder(s) shall comply with Section 18-/dd:to
ty Code, titled Responsible Wage
Construction Contracts, to the extent applicable tpment on City -owned property.
Enforcement of this ordinance may require the awardurnish the City with a monitoring
feeand may require the submission of a percentage ofion cost into an escrow account.
L. Assignment
Unless otherwise specified in this solicitati , the successful Bidder shall not assign, transfer,
hypothecate, or otherwise dispose of this co ract, including any rights, title or interest therein, or its
power to execute such contract to any rson, company or corporation without the prior written
consent of the City.
M. Indemnification
The successful Bidder shall ind ify and hold harmless the City and its officers, employees, agents,
agencies, and instrumentalit from any and all liability, losses or damages, which the City or its
officers, employees, agen or instrumentalities may incur as a result of claims, demands, suits,
causes of actions or pro edings of any kind or nature arising out of, relating to or resulting from the
performance, non -pe rmance, or breach of the agreement by the successful Bidder or its
employees, agents, rvants, partners, principals or subcontractors. The successful Bidder shall pay
all claims and 1 es in connection therewith, and shall investigate and defend all claims, suits or
actions of an ind or nature in the name of the City, where applicable, including appellate
proceedings d shall pay all costs, judgments, and attorney's fees which may be incurred thereon.
The succ sful Bidder expressly understands and agrees that any insurance protection required by
this so ' itation or subsequent agreement, or otherwise provided by the successful Bidder shall in no
way it the responsibility to indemnify, keep and save harmless and defend the City or its officers,
e oyees, agents and instrumentalities as herein provided.
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
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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 insuran/
certificate(s) to the City at a minimum of ten (10) calendar days in advance of such expiration.
O. Auditor General
The City reserves the right to require the successful Bidder(s) to subm/agreeme
dit by e Auditor
General or other auditor of the City's choosing at the Bidder's expensdder all provide
access to all of its records, which relate directly or indirectly to the subje at its place of
business during regular business hours. The Bidder shall retain alertaining to the
agreement and upon request make them available to the City for three wing expiration of
the agreement. The Bidder agrees to provide such assistance as may bry to facilitate the
review or audit by the County to ensure compliance with applicabting and financial
standards.
P. Collusion
The successful Bidder recommended for award as th/le,
competitive solicitation for any
DREAM project including, but not limited to, a purchmit, concession or management
agreement, shall submit the Non -Collusion Affidavit ias Appendix 10 under penalty
of perjury. The Non -Collusion Affidavit provides eitheactor is not related to any of the
other parties bidding in the competitive solicitation oraffiliated or related parties that
bid in the solicitation. The Non -Collusion Affidavi urther attests that the contractor's proposal is
genuine and not sham or collusive or made in t interest or on behalf of any person not therein
named, and that the contractor has not, directly indirectly, induced or solicited any other proposer
to put in a sham proposal, or any other pers ,firm, or corporation to refrain from proposing, and
that the proposer has not, in any manner, s ght by collusion to secure to the proposer an advantage
over any other proposer. In the event recommended contractor identifies related parties in the
competitive solicitation its bid shall presumed to be collusive and the recommended contractor
shall be ineligible for award unles at presumption is rebutted. Any person or entity that fails to
submit the required affidavit s be ineligible for contract award. Failure to provide the Non -
Collusion Affidavit with the P posal or within five (5) days' request by the City, shall be cause for
the contractor to forfeit their id bond or bid deposit, if applicable.
Q. Proprietary/Con fi ntial Information
Bidders are hereby ified that all information submitted as part of, or in support of bid submittals
will be available public inspection after opening of bids/proposals, in compliance with Chapter
119, Florida St tes. Bidder(s) shall not submit any information in response to this Solicitation
which the Bi er considers to be a trade secret, proprietary or confidential. The submission of any
informatio o the City in connection with this Solicitation shall be deemed conclusively to be a
waiver o any trade secret or other protection, which would otherwise be available to Bidder. In the
event at the Bidder submits information to the City in violation of this restriction, either
ina ertently or intentionally, and clearly identifies that information in the bid/proposal as protected
0 onfidential, the City may, in its sole discretion, either (a) communicate with the Bidder in writing
event/at
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
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This solicitation and subsequently executed agreement, including appendices, and all matters relating
to the agreement (whether in contract, statute, tort, or otherwise) shall be governed by, and construed
in accordance with, the laws of the State of Florida. Exclusive venue shall be Miami -Dade County.
\J
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III. SPECIAL CONDITIONS
A. PROPOSED PROJECT
The information contained in this RFP is published solely for the purpose of inviting Prop/ rs
to consider the Project described herein. Prospective Proposers should perform their o due
diligence investigations, projections and render their own conclusions without relic e 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 arina, providing
first-class services to tourists and residents alike. The Project sh combine the two
marinas presently on the Property in order to create a unified dest' ation within the City.
This RFP seeks to identify the proposal deemed most advantage s to the City, taking into
consideration the evaluation criteria listed in section IILC.2. b w as well as the following
objectives and guidelines:
a. Economic Objectives
■ Increase financial return to the City;
■ Improve revenue-producing capacity of ilities;
■ Ensure that any proposed ancillary o complementary uses further enhance the
destination market appeal;
■ Utilize the available Property to ximize its economic potential.
b. Planning & Land Use Objecti s
■ Attract residents and vis' rs to the public waterfront so that they may enjoy
Biscayne Bay and the ritime setting of Virginia Key;
■ Convert the existing cility into a modern world-class facility using state-of-the-
art technology an nclude ancillary uses that complement the Property's setting
and geographic location, aimed to stimulate public use of, and widespread
interest in, th roperty;
■ Provide fo e development of a mixed-use marina and waterfront destination,
portrayi a unified and integrated marina that seamlessly interacts with adjacent
restau nts and facilities;
■ All for easy access to and throughout the Property, including the development
o a full -width bay walk that matches the design east of Marine Stadium, and
rovides seamless connectivity from Marine Stadium to Rusty Pelican
(consistent with Miami 21);
■ Promote various active, public uses of the site that will enhance the overall
public benefit derived from the property in terms of use, visibility,
environmental protection, and financial return;
■ Provide facilities that represent flexible designs and iconic attention -grabbing
buildings that function year-round for daily and nightly activities;
■ Design and architecture of the new structures should be harmonious with the
iconic architecture of the Miami Marine Stadium;
■ Develop an array of recreational waterfront uses operated by management
experienced in waterfront programming in order to attract increasing and varied
segments of the local, regional and visitor population;
■ Develop the Project with considerations made for anticipated sea level rise;
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c. Urban Design Principles & Guidelines
■ Use of the Virginia Key Master Plan principles as a guideline for proposed
improvements and the Project's architectural/landscape features;
■ Emphasis on public access throughout the Property, with safe pedestri
connections and ease of access between the facilities and the surrounding are ;
■ Improve Marina access points with aesthetically attractive buffering f res
through hardscape or softscape elements;
■ Utility infrastructures shall be placed underground or within chases b w grade,
where feasible;
■ Creative use of roadway lighting and distinctive exterior lighting ' encouraged;
■ Provide roadway and decorative lighting that has minimal o o impact on the
historic basin and environment;
■ Incorporation of pedestrian -scale decorative lighting, as ell as low-level path
and landscape accent lighting;
■ Architecture and landscape should acknowledge e tropical climate of the
region and contribute to the pedestrian and civic 1' of the Project;
■ Provide optimum views of the bay from the fac' 'es;
■ Provide continuous public open spaces that owledge the tropical climate of
the region by providing significant la cape design, shade and coverage
through the use of substantial shade tree nd specimen palm varieties;
■ Adaptability and flexibility to inte to with any future Virginia Key -wide
transportation systems that may be veloped;
■ Building faVades should be varie nd articulated to invoke visual interest;
■ Secondary entries from in"
alkways are also encouraged;
■ Design should incorporate ments of the natural habitat and provide a varied
and plentiful palette of 1 1 native plant materials, which are 100% native and
consist of plants that c prise the coastal hammock habitat of Virginia Key;
2. Virginia Key MasterPlan
An area -wide master pla as been adopted in principle by the Miami City Commission
after r/Virginia
ubli input. The Virginia Key Master Plan sets forth a holistic
developo irginia Key. It is the intent of this RFP to encourage an integrally
plannedd development vision for the Property consistent with and adhering to
the printed in the Virginia Key Master Plan to the extent permitted by law. The
Virginiter Plan is included herein as Exhibit "D". Additional information
concernginia Key Master Plan can be obtained from the City's Department of
Planninoning, and can be accessed from the following site:
3. uired Redevelopment
he 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
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i. Maximize boating access and transient dockage participation reflecting
concepts in the Master Plan, in compliance with applicable laws and
regulations;
ii. Reconstruct the two marinas into a unified marina and provide for be
utilization of available space for dry rack storage, wet slips, and/or other us ;
iii. New marina to include all FDOT precast piles equal to or greater than 14' ,
iv. Design, refurbish or reconstruct the marina pavement to meet a icable
design criteria for appropriate vehicles and loads to result from t proposed
marina use in visually appealing manner
v. Should include at minimum MMFX (9100 Classic) rebar in al oured in place
pile caps;
vi. Construction documents shall be subject to "peer revie ' of electrical and
structural design;
vii. Interior and perimeter walkways shall be a minimum 14 ft. width;
viii. Buildings shall be no taller than the crown of th arine Stadium, and shall
not significantly interfere with the site lines t the Miami skyline from the
Marine Stadium;
ix. Signage shall be designed to meet compati ity, uniformity and size standards
that do not compete with the architectur f the development, and that comply
with applicable Miami 21 zoning regu ions;
x. Marina shall be required to achiev, and maintain designation as a "clean and
resilient marina" as administered FDEP, to the extent applicable;
xi. Development of the Marinas 11 not impede redevelopment of the Marine
Stadium.
b. Wet Slips
i. Maximize the numb of wet slips on site in light of market demand and
revenue generatio
ii. No wet slips wil e allowed within the historic basin;
iii. Renovate or ew all the bulkheads along the entire wet slip marina, and
maintain t dock/bulkhead wall in good condition for the Lease Term, subject
to applic e rules and regulations;
iv. Dock nstruction shall be concrete docks or aluminum floating docks.
Ho ver, 100% fixed concrete docks are preferred (no wooden docks);
v. F' ed docks design to sustain category 2 or 3 hurricane with boat in slips;
vi. ew docks shall include modern dock design, with sufficient voltage and other
utility requirements to provide for the proper operation of most modern boats;
i. New docks shall be separately metered;
iii. Provide for a public water taxi stop with no restrictions on timing or use;
ix. Provide for small boat, kayak, and sailboat rental concession slips.
c. Dry Boat Storage
i. Maximize the number of dry racks on site in light of market demand and
revenue generation;
ii. All dry racks must fit within or around the general area depicted as the
footprint for dry boat storage on the Master Plan;
iii. The dry boat storage facility may not exceed the height limitation (crown of
Marine Stadium) set forth in the Master Plan;
iv. Provide for an automated dry boat storage facility, including boat Valet
services and fueling station;
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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
restaurant facilities are in full compliance with all current and applicable local, to
and federal code requirements including all applicable ADA requirement The
successful Proposer shall maintain any and all restaurants in good Gond' on and
repair for the Lease Term. Additionally, any and all restaurants shall c ply with
applicable statutes concerning retention of tips or payment under sec n 207(i) of
the Fair Labor Standards Act.
e. Dock Master's Office
Construct a new, multi -story dock master's office, conso/idng the dock master's
facility in both marinas.
L Ship's Store
Incorporate a Ship's Store providing for sa/anyessary inventory or supplies to
meet marine vessels' daily requirements d, water, cleaning supplies,
medical supplies, safety supplies, spare paher customary equipment or
supplies needed for the navigation, maintenration of a ship.
g. Fuel Station
i. Construct a new fuel station
Property;
located on a dock in the west end of the
ii. Construct an addit/'e
station in the dry boat storage area as noted above
to provide all valenecessary for a First Class automated facility;
iii. All fuel stations ost comply with SPCC requirements, to the extent
applicable.
It. Baywalk
Provide a 14 -foo ontinuous baywalk within the Property boundaries to serve as a
waterfront pro enade along the historic basin. This baywalk must conform with
applicable rVUlatory restrictions and guidelines, including, but not limited to, the
Miami 21 Zonin2 Code.
i.
successful Proposer shall either: (1) maintain the access road indicated as Parcel
n the survey attached as Exhibit "A"; or (2) provide an alternative access road in a
substantially similar vicinity as that indicated as Parcel 2 in the survey attached as
Exhibit "A". The Public, including the agents, employees, and invitees of the
adjacent Rusty Pelican Restaurant, shall be granted access to, over, and across the
above-mentioned access road.
j. Public Boat Ramp
i. Plan, design, permit and construct a public boat ramp and floating dock, which
shall be located within the Property to the northwest of Miami Marine Stadium
in a similar location to where the existing public boat ramp is currently
located;
ii. Provide planning, surveying, demolition, landscape and architectural design
services for the Public Boat Ramp;
IN.
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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 ty
may assist the successful Proposer by providing City documentation that may be re fired
for zoning changes, PZAB hearings, and grant or financing applications, at the C s sole
discretion, pursuant to availability and at no cost to the City.
In the event the Selected Proposer is unable to develop any portion of th roperty in the
manner required by this RFP, for reasons outside of their control (suc s permit denials,
regulatory denials, City Commission denials, etc.) they shall be allo ed to construct the
remaining portions of the Project at the City's sole discretion. In ch case the City may
renegotiate a lower minimum annual rent. However, in no event 11 the City accept a rent
lower than fair market value.
Additionally, the Successful Proposer and/or Successful oposer's designee shall publish
in a public space a marina waiting list weekly, indicat' use of the marina is open to the
public, subject to applicable fees and other reason e non-discriminatory criteria, on a
first-come first-served basis.
4. Ancillary Facilities
The Proposer may provide additio/anc' facilities and components consistent with
the intent of this RFP and the prinin the Virginia Key Master Plan; such as,
for example, a fresh market or otfacility. The City shall have the sole and
absolute discretion to determine whuses are acceptable.
5. Virginia Key Marina Basin
The Successful proposer s work with the City to design channel markings from the
Public Boat Ramp and Boat Storage facilities that encourage motorized traffic to
safely navigate to and om the basin in a manner that minimizes boat wakes and is
respectful of the env' nment as well as passive users of the basin.
Additionally, t City reserves the right to cause, construct, build, operate, control, or
create a moo * g field and/or marina within the confines of Biscayne Bay, and/or within
the Virgini ey basin adjacent to the Project. However, any new marina or mooring field
shall not owingly encroach on the Project.
6. Mi i -Dade County Submerged Land
mi -Dade County is the fee simple owner of the submerged land adjacent to the
/As
kenbacker Causeway and Northwest of the RFP Property ("County Submerged Land").
the Master Plan currently contemplates a potential marina expansion into the County
Submerged Land, this RFP encourages the potential expansion at a later date, subject to all
applicable rules and regulations.
Proposer shall be required to coordinate with the City and obtain approval for any such
expansion prior to submitting a formal application with the County. Additionally, any
application will require City approval.
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For the purposes of this RFP, Proposers should not provide designs for the potential
expansion and shall not be evaluated on such expansion. Nevertheless, the Successful
Proposer will not be precluded from pursuing such expansion at a later date, subject to City
Commission approval as to scope, design, construction, fees, schedule, etc. Additional'
the below -specified redevelopment schedule shall not apply to this expansion, but sha e
set by the City Commission upon approval.
7. Lease
In order to be considered for the award of this RFP, the successful Proposer st enter into
a lease and development agreement with the City in substantially the fo as the Lease
included herein as Exhibit "C". Additional information concerning the ase can be found
in Section III.D. below.
8. Term
The Lease consists of a forty-five (45) year initial term, wi two (2) fifteen (15) year
renewal terms. The total term, inclusive of both renewals ay not exceed seventy-five
(75) years ("Lease Term"). The Project shall be planne nd designated in a contiguous
manner, although there may be a phased cons tion schedule, and therefore a
corresponding phased delivery of possession. Th ease Term shall commence upon
execution of the Lease. Subsequent phases of t lease shall be coterminous, i.e., run
concurrently, with the initial phase. Please note owever, that rent may be deferred during
construction or other negotiated arrangeme subject to the below section 9 concerning
rent.
9. Rent
Per City of Mia/independent
er Sect' 3(f)(iii)(B), the City of Miami may only lease
waterfront propertCondit n that "the terms of the contract result in a fair return to
the City based on en nt appraisals." Under no circumstance may the City accept
a proposal falling air market value determined by the two independent state -
certified appraiser11 the City accept a proposal falling below the minimum base
rent established hSuccessful Proposer's project shall be subject to a second fair
market appraisal dependent appraisers to ensure that the return to the City is
equal to or greater market value as required by the City Charter and Code.
The rent sha be inclusive of Base Rent as well as Percentage Rent. Proposals shall
include a eted commitment of annual lease payments to the City in the form of a
guarante base rent ("Base Rent") greater than or equal to Two Million Three Hundred
and F' Thousand Dollars ($2,350,000) annually PLUS a percentage(s) of gross
rev es, which shall neither be adjusted nor otherwise interpreted to mean net of
e enses ("Percentage Rent") equal to or greater than six percent (6%) of wet slip and dry
torage operations, six percent (6%) of fuel sales, and four percent (4%) sublease income
or other income received by Proposer from the use of the Property, and any other proposed
lease payments, as well as a stated commitment to adhere to the City Charter requirement
for compensation equal to fair market value.
In order to ensure accurate records of revenues are maintained, the Lease shall provide that
the City shall have continuous electronic access to all banking and credit card deposit
information and shall audit occupancy monthly.
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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 le
than one percent (1%), or more than Five Percent (5%), of the Base Rent am nt
immediately prior to the effective date of such adjustment.
Base rent shall be paid monthly in advance commencing with the Commencenyft Date of
the Lease. Base rent shall be adjusted annually according to the formula outligtd above.
Additional rent may be applicable, as negotiated and specified in the L se. For instance,
the Successful Proposer may also be required to provide the City wit e following rents,
based on the contents of the submitted proposal and subsequent wit
tiations: (1) rent paid
during construction ("Construction Rent"), which shall be paid r the appropriate period
prior to Project completion; and/or (2) rent paid to maintain 1 se and development rights
to any parcels to be developed following the initial pha of development, if phased
development is proposed ("Placeholder Rent").
10. Referendum Requirement
Per Section 3(f)(iii) of the City Charter, the Le e will not be valid until it has been
presented and approved by public referendum ease negotiations must be substantially
concluded in time to be considered by the Q Commission for placement on the selected
election ballot. The City together with th elected Proposer may choose to present the
Project by referendum during a schedul election as a "piggy -back" item (estimated cost
of $125,000), or may choose to sched e a special election (estimated cost of $1,500,000),
either of which shall be at the sole c t and expense of the Successful Proposer.
The Successful Proposer shal e required to submit a One Hundred and Twenty -Five
Thousand dollar ($125,000. deposit for the costs of including the Project as an item on
the ballot ("Referendu eposit"). The Referendum Deposit shall be paid by the
Successful Proposer up approval by the City Commission within ten (10) days' notice by
the City. Any portio of the Referendum Deposit that is not used shall be returned to the
Successful Propos . In the event additional funds are required to place the question on the
ballot, the Succ ful Proposer shall be required to provide the same to the City within ten
(10) days' no ' e by the City.
If theYm.s reject the proposed transaction, the Project shall be terminated. In the event of
such ation, the Successful Proposer has no vested rights, or property rights, title or
inte st in the Property or to the Project, or any claim upon the City for any expenses
i rred in the proposal process. Notwithstanding the above, the City shall not be
recluded from issuing a new RFP in the event the subject Project is rejected by voters, or
is otherwise cancelled.
11. 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.
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SUBSTITUTED
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. The Successful Propos
shall be required to contribute to the Parking Trust Fund up to fifteen thousand do rs
($15,000.00) (estimated to be approximately 50% of the cost of construction) pe each
space required for the overall site proposal, per the ratios provided above, incl ng the
retail space in the garage itself However, a minimum of 230 parking spac shall be
required.
The Selected Proposer shall have the following options regarding the g+lfking garage and
contribution:
Option 1: The City will require the Successful Prop r to pay into a project -
specific parking trust fund ("Parking Trust Fund") a amount for construction of
the MPA Parking at the time of Lease executio he MPA will use the funds
contributed to the Parking Trust Fundto c struct the parking facility to
accommodate the users of the Project. The rage shall be designed within the
constraints and budget that MPA will spec'
The parking contribution to be paid ' o the Parking Trust Fund shall be based
on the above formula. However/tibith,
be use a minimum of 230 parking spaces shall
be required, thinimum p ng contribution shall be $3,450,000.00 to be
paid by cashik or m ey order and delivered to the Director of Real
Estate & Asseme , 444 SW 2nd Avenue, 3rd Floor, Miami, Florida
33130 upon ttiv ate of the Lease. This parking garage contribution
will be deposiescrow account whose designated use shall be applied
to the Parkingund. The schedule and milestones for construction of the
parking garagail spaces by MPA will be developed in conjunction with,
and will be co with, the Successful Proposers development plan.
TheSucc ful Proposer shall have no vested or reserved interest, rights,
options, eferences, or security in the ownership of the MPA parking facility,
other an the City's commitment that those parking spaces will be available for
mo ly leases for all of the commercial/retail uses incorporated within the
P .ect, at a parking rate schedule that reflects fair market value, whose
ublished rates will be provided to transient customers.
Option 2: The contribution to the Parking Trust Fund may be waived if the
Successful Proposer elects to build the MPA Parking at their sole cost and
expense. If the Proposer elects to build the MPA Parking, the parking structure
must: (1) be available to the public; (2) provide the required amount of parking
spaces for the Project in addition to the required amount 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 MPA 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
22
SUBSTITUTED
reserve fund for capital improvements and continued operation of the MPA
Parking.
Option 3: Alternatively, the above-mentioned contribution to /meet
g Tru
Fund may be waived if the Proposer provides alternative parkieat e
dry rack storage ("Proposer Parking"). This Proposer Parking p for
entirely by the Proposer and must be free to tenants and customroject
during the term of the Lease. Additionally, the Proposer Parkieet theRFP requirements provided in this section, including butited toconstructing the required number of spaces for the Project afor theRusty Pelican restaurant per the Rusty Pelican lease agree e City.
The Proposer shall be responsible for the maintenance d operation of the
Proposer Parking during the term of the lease.
Option 4: The City shall consider all proposals Xat incorporate all parking
requirements (i.e., Project parking, Rusty Pelicanrking, public availability and
maintenance, etc.), and which satisfy all t regulatory and governmental
obligations for the site.
Please note that the MPA Parking garage is inten d to be built on property deeded to the
City by the County, and that such deed has cert restrictions. Use of that portion of land
for the development of parking will be subj to such restrictions. A copy of the deed is
included as Exhibit "G".
MPA may, in its sole discretion, ele to build additional parking spaces beyond what is
required for the Successful Prop er's Project and existing City and MPA parking
obligations. Should the MPA ch se to build additional parking spaces, the MPA will pay
one hundred percent (100%) the additional costs required for the additional spaces, as
well as the cost for any anci MP/
uses incorporated in the parking facilities.
12. Boat Show
The Proposal shall b ompatible with the Boat Show. The Successful Proposer shall enter
into an access agr ent with NMMA. In no way may the proposed Project interfere with
or affect the Bo Show, any exhibitor tents, or any of the footprint, in a manner that would
diminish the ount of square footage provided to the Boat Show by two percent (2%) or
more. All rking on site and other facilities shall remain open during the boat show to
satisfy c omers of the Project.
and all construction by the Successful Proposer shall be limited or paused to the
,nt necessary to permit access and use of the Property during the Boat Show, allowing
Boat Show exhibition space and clear walking paths to and from Boat Show exhibits.
3. 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
23
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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,
necessary, provide owner sign -offs required for the Successful Proposer to obtain e
appropriate regulatory permits from local, state, and federal agencies. Regulatory its
may be necessary from the following agencies, including but not limited to: Mi '-Dade
County Department of Regulatory and Economic Resources (RER); State f Florida
Department of Environmental Protection (DEP); U.S. Army Corps of Engine s (USACE);
and the Federal Aviation Administration (FAA). This information is i ended to help
Proposers determine the applicable requirements and is not meant to e an exhaustive
summary of all permits, licenses and approvals required.
14. Redevelopment Schedule
The City will require the proposed renovatior
obtained all required permits and commenced cc
from the Effective Date of the Lease. All I
components must be completed within sixty (60)
both parties, unless the Successful Proposer apf
City. The City, at its reasonable discretion,
abovementioned schedule if the Selected Propo
continuously pursued obtaining all requiredytim
maj eure or a result of delays outside of the lectc
s/redevelop nt/reconstruction to have
nstructic ithin thirty-six (36) months
►hysica improvements for all Project
/afy
from execution of the Lease by
and receives a waiver from the
grant a waiver extending the
demonstrates that: (1) it has actively and
its; and (2) the delay is a result of force
d Proposer's control.
Notwithstanding the above, proposal may put forward a phased development schedule
wherein each indicated area of d elopment shall become effective in phases. Phased
development must be done in six (60) months with all building permits for the last phase
in place no later than forty ei (48) months from the Effective Date of the Lease subject
only to force majeure, oth ise the provisions of section 29-B of the City of Miami
Charter, as amended, shal pply.
If modifications are oposed, the Successful Proposer shall submit a full set of plans to
apply for applica e building permits and any other applicable approvals within 180
calendar days o e Lease Effective Date, and construction must be complete within one
year of the p it approval date. The City will use its best efforts to provide alternative
locations ich are reasonably contiguous for the operation of the facility during
renovati the/it
of other Project components.
15. Ins ance and Indemnification
P r to execution of the Lease, the Selected Proposer shall be required to provide
ertificates 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, as determined by the Office
of the City Attorney and the City's Risk Department.
16. Payment and Performance Bond
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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 ory�
hundred (100%) percent of the sum of the construction cost of the improvements.
17. Bid Deposit
Proposers shall be required to submit with their proposals a Bid Depo/equawenty-
five thousand dollars($25,000) by check, letter of credit, or otherwisof the
same has been submitted into an escrow account. The Bid Deposit shato the
terms specified in Section ILF. above.
18. Earnest Money Deposit
The Successful Proposer shall provide an irrevocable/uncon ' ional Cashier's Check,
drawn on a financial institution authorized to do business in orida (or may do the same
by wire transfer or similar means), providing for Two Milli Dollars ($2,000,000), which
shall be due upon execution of the Lease. Upon co etion of the entire Project, as
indicated by the issuance of a Certificate of Complet' within the time frame specified
herein, One Million Dollars ($1,000,000) of the E st Money Deposit shall be returned
to the Selected Proposer; the remaining One Mill' Dollars ($1,000,000) shall remain as
security in the Lease. Five (5) years after the of ctive date of the Lease, an additional five
hundred thousand dollars ($500,000) shall e 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 Leas
19. Taxes
The Successful Proposer will n e responsible for any ad -valorem taxes, or any other
taxes or assessments associate ith the Property that are due or may be owed prior to the
Lease Effective Date. The ccessful Proposer will, however, be responsible for all taxes
that are incurred commen ' g on and after the Lease Effective Date.
20. Impact Fees
The Successful P oser must pay for any and all impact fees related to any and all
improvements t the Property. Impact fees by Code requirement must be paid prior to
issuance of a ilding permit.
21. City's R 1 Estate Development Advisor/Broker
The C' has engaged the services of CBRE, a real estate development advisoribroker for
this ssignment. CBRE shall represent the City in all negotiations and the fiduciary
r onsibilities of CBRE exist only to and on behalf of the City. CBRE shall be entitled to
JA commission fee ("Commission Fee"), which shall be subject to State of Florida Contract
DMS -12/13-007, as approved and adopted by the City of Miami Commission, and the
provisions of the City Charter and Code. Upon execution of the Lease, the 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).
22. Pre -Proposal Submission Conference & Site Visit
The City may conduct one or more Pre -Proposal Submission Conferences and site visits on
dates and times that are yet to be determined. In the event of such conference, notice of the
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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 /utheast,
in any anner.
Bidders should independently verify factual items they deeor t response
submittal.
1. Parcel Size and Components
The Property is located in Virginia Key and includes appro5 acres of land,
including approximately 17 acres of which are submergisible landmarks
include, to the northwest, Rusty Pelican Restaurant and tot, Miami Marine
Stadium. Additionally, the site offers views of the City of Mi
The following addresses and folio numbers pertain to the
3301 Rickenbacker Causeway
3605 Rickenbacker Causeway
3501 Rickenbacker Causeway
3311 Rickenbacker Causeway
No Address
3511 Rickenbacker Causeway
Folio 01-4 7-000-0020;
Folio 0 218-000-0010;
Folio -4217-000-0110 (NW Parcel);
Fo ' 01-4218-000-0030;
io 01-4218-000-0031; and
olio 01-4217-000-0030 (NW Parcel);
2. Existing Conditions
The Property is located i/ationss
Bay designated as an Aquatic Preserve. The Project
shall conform to the prerements of environmental regulations governing the
Biscayne Bay Aquatic ll operations of the Project shall also conform to
existing environmental red permitting requirements.
3.
The Property,and it mprovements, if applicable, are offered "AS IS, WHERE IS." No
representations o warranties whatsoever are made as to its condition, state or
characteristics the City. Express warranties, implied warranties of fitness for a
particular p ose or use and habitability are hereby disclaimed. Testing, audits,
appraisals, ' spections, etc., desired or necessary to prepare an RFP response shall be at the
sole cost d expense of the Proposers.
T1.9 City has conducted a Phase I and Phase II Environmental Site Assessment, attached
ereto 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
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remediate any hazardous materials that are required by law to be removed or remediated
for 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.
Additionally, Proposers should consider the potential impact of sea level rise hile
preparing development plans in order to ensure increased resilience to the risings levels
and proper maintenance of the Property and Project.
4. Utilities
Water, sanitary sewer, electric and telephone utilities are currently vailable on the
Property. Proposers may obtain detailed plans showing undergrou utility installations
from the City's Public Works Department, 444 SW 2nd Avenue, 8t loor, Miami, Florida
33130. For additional information, please contact the respective lities.
The Successful Proposer shall bear the sole financial re
design, construction, and installation costs and of any
with any County or City moratorium requirements that
in this process by providing the necessary utility d
appropriate. In the event the Successful Proposer she
shall do so at its sole cost and expense.
)oVbility for all connection fees,
is associated with compliance
ty be in force. The City will assist
)r facility easements as lawfully
to relocate the existing utilities, it
5. Zoning
The property is zoned as C/ile
Zone. For more information, please review the
Miami 21 Zoning Code, ace Zone Reference Manual, attached hereto as
Exhibit `B". Proposers arefor verifying any and all information concerning
planning and zoning requithe applicable agencies and departments. Any
details provided herein regaing process is for convenience only and Proposers
should not rely upon them endently verifying the same.
/MasterP
e purposes of is RFP, the City encourages the most innovative and most
titive propos that utilizes best practices, notwithstanding current zoning
ions, whic an be achieved as part of a future zoning process (i.e., Special Area
e -zoning tc.) and which are consistent with the principles stated in the Virginia
aster P n. Proposers are responsible for pursuing any zoning changes and/or board
y C ission approvals necessary to implement the concept proposed in their
se o this RFP so long as they are supported by the City as property owner.
s should not consider zoning approvals as permit approvals, the latter which
er must obtain separately for each aspect of the Project. Whenever possible, the City
to assist the Successful Proposer with its permitting process, providing that
pal permit fees will not be waived or reduced.
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 CONTRACTA WARD
1. Administrative Review
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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 agent/eProject
Administrative Review, City staff may contact Proposers to cure non --
substantive defects in any Proposals or to clarify unclear portions of thf
notified of deficiency or request for clarification, the Proposer shall provie
within five (5) business days of notification or such other time designated tManager. Those proposals that comply with all requirements will be deemed
2. Evaluation
Proposers shall be evaluated and ranked on the basis of the followingaluation Criteria:
Overall Experience and Qualifications
- Relevant business and Project team experience in simila rojects
- Financial capability and availability of financial/busi s references
- Operational history reflective of capacity to meet P ect goals
Proposed Revenues
- Financial return to the City, including Base R and Participation Rent
- Reasonableness of Revenue Forecasts
Design & Operational Plan
- Aesthetics & functionality o/opeion
rovements
- Improved efficiencies of maand site utilization
- Effective use of site during cevelopment
- Commitment to protection ol assets
- Consistency with the princip the Virginia Key Master Plan
Public Benefits and Local P icipation
- Benefits received by th ublic
- Participation of/firmmat maintain a local office
- Hiring of City r- Use of City con
Based upon th Evaluation Criteria provided above, the Selection Committee
("Committee") ill evaluate, assign points and rank proposals in accordance with the
requirement of the RFP using the Scoring Guidelines provided by the City, and
incorpora hereto by reference. The Committee shall review the Evaluation Criteria, as
well as e Project Goals specified in this RFP, and rank each Proposer as to each category
liste ove. The Selection Committee may further define each of the categories/criteria
sta d above so long as consistent with the information in this RFP.
lEach 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 by said Committee member to any other Proposer. In the event a
Committee member's score is disregarded as abhorrent as specified above, the City shall
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have the right to either disregard or 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 recomm/thethree ranked, responsive and responsible Proposers ("Short-listed Proposers"meet the criteria of the RFP for negotiations. The Short-listed Proposers w
invited to negotiate a Lease in substantially the form as provided in Exhibit "C"
The City reserves the right to forego the short -listing process if the City r eives three (3)
or less proposals for the RFP, and proceed with the either of the followi : (a) request oral
presentations followed by a formal written request for best and fina ffers, negotiations,
and proceed to Committee evaluation and deliberations; or (b) req t best and final offers
without presentations, negotiate, and proceed to Committee eval ion and deliberations.
4. Negotiations
Negotiations will take into consideration terms mos
monetary, technical, and managerial standpoint) until
is agreed upon. The City reserves the right to req st
written clarifications; non -material revisions to pr osal
and any supplemental information, such as a tional
proper evaluation of proposals
Most
Oficial to the City (from a
re
agement acceptable to the City
from the Short -Listed Proposers:
s, if deemed necessary by the City;
references, deemed necessary for
5. Oral Presentations 1%
The Committee may choose to reques n oral presentation from the Proposers. In the event
the Committee requests oral pre ntations, all three Short -Listed Proposers will be
afforded the same time limits, so not to place one firm at an advantage.
6. Bes/submitted
Final Offers
At ty's sole discret* n, the City may request best and final offers (`BAFO") to be
proprior to the al recommendation from the City Manager. The Short -Listed
Proshall not permitted to reinterpret RFP requirements. The BAFO shall serve
onlmechani for the Proposers to provide their best and final offers based on the
RFireme . The BAFOs shall not reduce the amounts to be paid to the City, which
weinal submitted with the proposals. The responsive and responsible Short -Listed
Proeting the technical requirements of the RFP, and whose price offer represents
thece for the City (which shall not reduce the amounts to be paid to the City
orisubmitted with the proposal), will be recommended for further negotiations. The
diss during these final negotiations may include price and conditions attendant to
Selection Committee Recommendation
The Committee will makes 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
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If the City Manager accepts the Committee's recommendation, a final contract will be
negotiated and the final recommendation of award, approved by the City Manager, will be
presented to the City Commission for their review and approval. The City Manager or
his/her designee reserves the right to (1) approve the Comm/recommendations;
recommendation,
reject the Committee's recommendation, (3) reject the Commrecommendation d
instruct the Committee to re-evaluate and make furthemendations, (4)
recommend to the City Commission that they reject any and/oosals.
9. City Commission
The City Commission may (1) approve the City Manager'seco endation and
negotiated contract; (2) reject all proposals, and/or instruct tager to reissue a
solicitation; (3) instruct the Committee to re-evaluate and marecommendations;or (4) instruct the City Manager to constitute a nmittee and makerecommendations. All applicable Charter and Code provisll be followed. The
decision of the City Commission shall be final.
10. Estimated Timetable
The timetable for the RFP selection process is summari d below. Note that these are
tentative dates and are subject to change at any time the City.
Anticipated RFP Schedu
Dates
Issuance of Solicitation
January 20, 2017
Optional Pre -Proposal Submission Con ence and Site Visit
February 16, 2017
Deadline for Questions
March 21, 2017
Proposal Submission Deadline
April 20, 2017
Selection Committee Short Lis
May 8, 2017
Request for Best and Final ers
May 15, 2017
Selection Committee Fi Recommendation
May 26, 2017
Adoption of Legislat' Authorizing and Directing the City
Manager to Execut a Lease subject to Referendum approval
July 27, 2017
Referendum
November 7, 2017
D. LEASE
The City r ires that a Lease agreement ("Lease"), in substantially the attached form as in
Exhibit " herewith be executed upon approval of the Successful Proposer (or "Lessee") by
/Ie
Commission. The terms and conditions within the Lease will capture the use of the
according to the parameters of the proposal and this RFP. The City will not consider
ny part of the Property. The Successful Proposer shall have no vested rights, nor any
terest 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
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comply with this RFP. Certain clauses of the Lease shall be deemed nonnegotiable, including
but not limited to: term, revocation, insurance, indemnification, taxes and impositions, etc.
Notwithstanding the above, Proposers may request additional terms within the aforementioned
nonnegotiable clauses so long as they are consistent with the solicitation. Revision/Lse
negotiable terms shall be disregarded. The City may make additional changes to prior to execution in order to ensure consistency with the terms of this RFP, subject
and approval by the City Attorney.
The Lease may be assigned or transferred to a third unrelated party during tX lease term,
subject to and at the discretion of the City, which shall not beunreas ably withheld
conditioned or delayed. Such transfer or assignment may be subject o financial and
operational ability of the transferee, including that the p/paymeto
nsfere hall not be deemed
non -responsible for the criteria specified above in sectioMG, at time shall be allowed
without the consent of the City. Any such assignmef prior to the fifth (5th)
anniversary of the Lease Effective Date, shall requireto the City equal to four
percent (4%) of gross proceeds from the transfer; at anr the fifth (5th) year, a five
percent (5%) payment of the gross proceeds will be duity upon transfer. Note: All
leasehold improvements shall become the sole properity upon the expiration or
earlier termination of the Lease.
Additionally, the Lease will provide a review perio to confirm compliance with the RFP and
other Lease requirements, includin/above.
the redevelo ent schedule. Proposer's failure to achieve
any of the development milestoneault, unless otherwise granted a waiver by the
City as specified in section III.A.1ch default entitles the City to claim the Deposit
and the Successful Proposer's terest shall revert to the City, at the City's
discretion. Further, the Lease de that the City will be provided with all
correspondence and material asth the permitting process on a regular basis,
including any studies and reports p the Project.
E. BACKGROUND CHECKIDISOCALIFICATION
The City /ofe
or cause to be performed, a complete background check and
investigatioobtaining credit reports) of the proposing entity, its principals and its
managemenlopment team. Proposers shall be required to submit a non-refundable fee
in the amouthousand dollars ($5,000.00) in the form of a cashier's check or money
order to covt of a background check and credit reports along with their RFP proposal
submission. be used to determine whether there is any information that could deem
the Propo nsive or non -responsible per Section II.G. above. In the event the cost of
conduc ' g the background and credit check exceeds five thousand dollars ($5,000.00),
Prop ers shall be required to compensate the City for amounts paid within ten (10) days'
no e 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
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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
SPECIFIED THROUGHOUT THIS RFP.
Proposers shall submit responses in a bound format with tab dividers separating e section. A
minimum font size of 10 point, 1 inch margins, and single spacing shall be uti ' ed on all text
documents submitted. There shall be submitted one (1) original, eighteen (18) ound on
with
tabs, one (1) unbound copy without tabs for possible duplicating needs a one (1) electronic
copy submitted on CD, DVD, or Flash Drive.
All required drawings shall be submitted in the scale herein specific he Proposer must submit
copies of all required drawings reduced proportionately to an 1 x 17" format. The reduced
drawings shall also be submitted electronically and may be use on the City's website to inform
the community about the proposals. No boards shall be ccepted as part of the Proposal
submission, but may be used at a later date for presentati0 urposes. Prospective Proposers shall
utilize the following outline to prepare their proposals, a ing tabs and sub -tabs as needed.
1. COVER PAGE
The cover page shall include the Proposer' ame; Contact Person; Firm's Liaison for the
Contract; Primary Office Location; Loca usiness Address, if applicable; Phone and Fax
Numbers, as applicable; Email addresse P title and RFP number.
2. TABLE OF CONTENTS
Table listing, in sequential orde , the location of all contents, including required response
forms, charts, illustrations, a additional enclosures. All pages of the Proposal, including
enclosures, shall be clearl and consecutively numbered, consistent with the Table of
Contents.
3. EXECUTIVE SUM
Summarize the pr osal providing an overview of the proposal submission.
4.
4
vision, goals and objective of the proposed Project.
earize the range and quality of any programs to be offered as a benefit to the local
unity, including the number of potential jobs to be created and the considerations made
protect the environment.
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
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determined and a projection of the Project completion time required following the
development team receiving control of the site.
7. PROJECT PLAN
The Project plan shall be prepared by a team of specialized, registered desi/Mar
s.
The Project plan shall take into account all of the principles, guidelines, aents
specified in this RFP, as well as the principles stated in the Virginia Klan.Additionally, please note that any material changes to the original Projectftercommission approval of the lease and development agreement shall be subjomthe Virginia Key Advisory Board and final approval from the Miami City Co
The project plan shall include:
(a) Narrative Description of the proposed Project plan:
Proposer must include a detailed redevelopment plan fo the marina and boatyard,
restaurant, ship's store and any and all other components the Project;
(b) Site Program Analysis, including if applicable:
• Overall site development including impri
to the Property.
• Number and use(s) of building, square f
• Number, type, size, con/*ues.
category.
• Architectural features.
• Permitting and environme• Parking solutions or agree
and surrounding modifications
[age (both gross and rentable).
description of proposed operations by
(c) Renderings of o/siteell as from within the Project, illustrating:
• Context
• Building He• Architectura
• Signage
(d) Proposed Pr ect Site Plan
The SiteAn should illustrate the relationship and connectivity of the proposed Project
to adja nt roadways, residential or commercial neighborhoods, Virginia Key, and the
gene area.
Jhe Site Plan should also identify the location of all the RFP requirements specified in
section III.A.3. above, as applicable, as well as delineate the following:
• Land/Space Uses
• Building Location
• Pedestrian Access
• Traffic Plan
• Parking areas
• Landscaping
• Lighting
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(e) Sketch of Proposed Improvements:
Provide a sketch of the proposed improvements to be implemented by the Proposer.
(f) Construction:
Proposer shall construct and operate the Project at the Proposer's ow/Prect
benefit of financial guarantees from the City. Nevertheless, the City has a
its residents to ensure that the Project is completed, or failing that, that tbe abandoned after commencement. Accordingly, the Proposer shall descand conditions it proposes to ensure construction and operation of the Proj
8. OPERATIONAL PLAN
The Proposer shall provide a brief narrative on the Proposer's p/formanagement and
operation of the proposed Project during the Lease Term,as applicable, a
description of services to be provided, number and type of emhired, hours of
operation, etc.
9. MARKET ANALYSIS AND ECONOMIC FEASIBILITY
Proposals shall include the following information, provi ' g an understanding of their likely
market and economic feasibility:
■ A market analysis sufficient to establish th arket support for this type of facility
and other proposed uses, based upon a ysis of demand generators, competitive
supply, market pricing, competitive pos' on, and anticipated market share/capture.
■ A projected development phasing sc ule, if any.
■ An analysis of projected revenues d operating expenses broken out for each major
component covering at a minim the first fifteen (15) years of operation.
■ A written statement indicati the total dollar amount to be spent on permanent
physical improvements tot Property, if any, including building improvements, site
improvements and equi ent purchases associated with the Project, as well as that
required for all art -up costs and initial operating expenses. The
development/renov on cost estimates shall be itemized to include significant line
items within the 'or categories of hard, soft (including pre -development fees), and
financing cost , and allocated by Project component, building and phase, as
applicable.
10. FINANCIAL FKABILITY
Proposals sinclude a cash flow analysis integrating revenues, operating expenses,
developingcosts, and debt service for a minimum of the development period and first
fifteen years of the project's operation. Analyses shall be presented in such a manner to
/enablclear understanding of financial feasibility and financial inflows and outflows both
ding -by -building basis and an integrated total basis over any phased development
and shall also enable a clear understanding of the projected rents and any other
returns to the City over the projection period.
1. FINANCIAL PLAN
a) Financing Plan
Proposals shall include a description of the total estimated cost of construction and
corresponding financing plan for the Project, including a description and estimate of all
sources of construction and permanent debt and equity funds to be used in the Project.
Estimated total construction costs should not be materially different than proposed unless
as a result of unknown on-site conditions. Proposers shall ensure that target returns and
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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. J
b) Infrastructure Cost Estimate
Proposers shall prepare and submit estimates of the initial in/modology
os of the
Project. The estimates shall be complete in that no cost element , realistic
in that quantities and prices used in developing the estimate refleket level or
best estimates of future price levels and credible in that the estimdology used
is consistent with applicable industry standards and practices. oses of this
requirement, "infrastructure costs" shall mean all costs associads, utilities
such as water, sewer and electricity.
c) On -Going Capital Infrastructure Costs
This section shall include all elements o/ea ents o e capital assets that require
future expenditures beyond normal maor placement at the end of their
economic life that are expected to occt Lease Term. Along with each
element of on-going capitalcosts, shall estimate the corresponding
contingency allowance with the estimateost element. The Successful Proposer
shall be required to contribute 1% of gres to a Capital Infrastructure Escrow
Account (per defined escrow requiremund on-going capital infrastructures
costs.
d) Operation and Maintenance
Proposers shall describe in detail sources of operations and maintenance funds for the
Project. No government fun subsidies, governmental credit enhancements, loans,
loans guarantees, or other overnmentally sponsored financial mechanism shall be
proposed for the operation r maintenance of the Project.
2. FINAL RETURN TO THE VfY,
The Proposer shall pro de a base rent to the City equal to or greater than Two Million Three
Hundred and Fifty ousand Dollars ($2,350,000) annually, PLUS percentage rent equal to
or greater than si ercent (6%) of wet slip and dry storage operations, six percent (6%) of
fuel sales, and 96 percent (4%) sublease income or other income received by Proposer from
the use of Yproperty and periodic escalators. The City expects fair market value to be
achieved Yin the escalating minimum guaranteed base rent, with percentage of gross
revenue nd any additional proposed rents providing the City with a share of the Project's
finan ' upside. Proposals shall detail other financial benefits to the City such as estimated
pro rty taxes, and other non-financial benefits such as new jobs created. Please also note
a
it
ionaI details regarding rent specified in Section III.A. above.
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
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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 qualification or
this RFP process. The Proposer must meet the threshold qualifications outlined be in
subsections a) through c), and include as evidence of its qualifications the inf ation
required by subsections d) through h):
a) Experience:
■ At the time of submission, Proposer and/or its principals shal ossess and have
experience directly managing and/or operating a project o his scope and size
within the last fifteen (15) years; OR
■ Proposer and/or its principals shall possess and have inimum of any five (5)
years of experience directly involved in the owners and day-to-day operation
of a project of this scope and size within the last t (10) years.
b) At the time of submission, Proposer and/or its pr' cipals, must have played a leading
role or must have had principal responsibility/r other demonstrated experience in
the successful design, remodeling, renovatio and build -out of a project(s) of similar
size and complexity as the Project and use roposed.
c) Proposer and/or its principals mull have had experience with the successful
financing of at least one (1) projec f similar size or greater.
d) Proposer must provide res es as well as a summary of the credentials and
experience of the personsF be used to qualify the Proposer for this RFP, including
each of the /am.
cipals as well as each member of the Proposer's Business
Team and Dam.
e) Proposers mficient funds to conduct a background check as required
by Section d the Proposers must be deemed by the City to be both
responsiveble" pursuant to Section II(G) above.
f) ProposZ must provide contact information for three (3) business references for each
pnnc' al, and at least one (1) financial reference, including contact names, company
an or project names and contact telephone numbers of individuals who can attest to
e projects with which the individual has worked.
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 IlI, 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.
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4. PROPOSAL ATTACHMENTS
(A) RFP Registration Form & Fee: Complete Registration Form attached hereto
Appendix If and pay the applicable fees associated with this RFP, includin/Thi
(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 througho
(B) RFP Submission Form: Complete to its entirety the RFP Proposal ubmission Form
attached hereto within Appendix III. Please note that a "responsible roposal" is one that
has the capability in all respects to fully perform the requir ents set forth in the
proposal and the proposed Lease. A "responsive proposal" i ne that conforms in all
material respects to the RFP. Any missing information ma e deemed not responsible
or non-responsive and may therefore be disqualified from e RFP process.
(C) Business Team Qualifications: Complete the siness Team form included as
Appendix IV. Resumes should be provided for all mbers of the Business Team.
(D) Development Team Qualifications: Comple the Development Team form included as
Appendix V. Resumes should be provided fpf all members of the Development Team.
(E) Certifications: Complete the appr nate Certification of Authority attached in
Composite Appendix VI.
(F) Disclosure/Disclaimer: Coe the Proposer's Disclosure/Disclaimer attached hereto
as Appendix VII.
(G) Proposer's Organizaels
al History/Structure and Chart: Ina narrative form, please
describe the Propo organizational and business history and explain why the
Proposer's backgr nd makes it ideal for this opportunity. Please also provide a visual
representation i e form of an organizational chart.
(H) Additiona reformation: Proposer may provide any additional information to describe
the Prop er's proposed Project or capability to implement the Project.
RECEIPT OF INFORMATION/ CLARIFICATION
Pursua to the Cone of Silence, any request for additional information or clarification must be
rece' d in writing no later than 2:00 p.m. on March 21, 2017. Interested individuals
(" oposers") may e-mail or fax their requests to the attention of, Jacqueline Lorenzo, Property
anagement Specialist ("Project Manager") at the City of Miami, Department of Real Estate and
Asset Management at E-mail: jlorenzo(a,miami og v.com and Fax No.: (305) 400-5197.
C. RECEIPT OF RESPONSES
Provide one (1) 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
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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 April 20, 2017.
Responses must be clearly marked and labeled on the outside of the envelope/packa as
"Virginia Key Marina RFP No. 16-17-011" Failure to submit a Response by the due d and
time, and at the location specified above, will result in disqualification.
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