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THIS DOUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. REQUEST FOR PROPOSALS (RFP NO. 16-17-011) FOR LEASE OF CITY -OWNED WATERFRONT PROPERTY FOR MARINAS/RESTAURANT/SHIP'S STORE USES LOCATED AT VIRGINIA KEY, MIAMI, FLORIDA ALSO KNOWN AS "VIRGINIA KEY MARINA RFP" I I C 0 R P R ORATED t CITY OF MIAMI DEPARTMENT OF REAL ESTATE AND ASSET MANAGEMENT ISSUE DATE: FEBRUARY 17, 2017 PROPOSALS DUE DATE: MAY 18, 2017 1397 -Exhibit -SUB THIS DOUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. (Cite of '41iami 4 IN.... ..ITE. February 17, 2017 Ladies and Gentlemen: The Department of Real Estate and Asset Management ("DREAM") for the City of Miami ("City") does hereby issue the attached Request for Proposals ("RFP") for the development and lease of prime waterfront property located in Virginia Key, Miami, Florida. The goal of this RFP is to create a vibrant recreational marina and restaurant destination with an ancillary ship's store facility for City residents, guests, and visitors. Please review the details in the RFP below. As described herein, the vision of this RFP is to help implement major components of the Virginia Key Master Plan. The Successful Proposer will enter into a long-term lease with the City for approximately 26.65 acres (including uplands and submerged land) of waterfront property located at 3301, 3605, 3501, 3311, & 3511 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. Proposers must comply with all submission requirements as well as all applicable legal and regulatory requirements in order to be eligible for consideration. All information and materials submitted will be thoroughly analyzed and independently verified. The Proposals submitted by each Proposer must present a definitive and detailed build -out program, completion schedule, financial plan, design, and meet all requirements of this RFP, to form the basis for evaluation and selection by the City. Proposals must be received by the Office of the City Clerk (First Floor Counter), City Hall, 3500 Pan American Drive, Miami, Florida 33133, by 2:00 PM, on May 18, 2017. Late or incomplete proposals will not be considered. A list of all Proposers will be made public the following day online at a site accessible through the City's Real Estate Opportunities page: http : //www. miamigov. com/PublicFacilities/pages/RealEstateOpportunities/ The Successful Proposer shall be subject to the requirements of all applicable laws, including, but not limited to, the laws of the State of Florida, Miami -Dade County, and the Charter and Code of the City. On behalf of the City of Miami Mayor and Commissioners, I welcome responsive proposals from responsible Proposers that will realize the full potential of this prime real estate location. Sincerely, Daniel J. Alfonso City Manager 2 THIS DOUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. TABLE OF CONTENTS L EXECUTIVE SUMMMARY IL GENERAL TERMS AND CONDITIONS III. SPECIAL CONDITIONS B. THE PROPERTY C. SELECTION PROCESS AND CONTRACT AWARD D. LEASE E. BACKGROUND CHECKIDISQUALIFICA77ON IV. TECHNICAL SPECIFICATIONS A. PROPOSAL REQUIREMENTS & FORMAT B. DEADLINE FOR RECEIPT OF INFORMATION/ CLARIFICATION C. RECEIPT OF RESPONSES EXHIBITS & APPENDICES EXHIBIT A LEGAL DESCRIPTION & SURVEY EXHIBIT B MIAMI 21 ZONING CODE: CS CIVIC SPACE EXHIBIT C DRAFT LEASE & DEVELOPMENT AGREEMENT EXHIBIT D VIRGINIA KEY MASTER PLAN EXHIBIT E ENVIRONMENTAL SITE ASSESSMENTS EXHIBIT F VIRGINIA KEY MARINA DEEDS EXHIBIT G COUNTY PARKING GARAGE DEED EXHIBIT H COASTAL RISK CONSULTING 2016 KING TIDE REPORT EXHIBIT I CBRE FEASIBILITY STUDY & LAMBERT PEER REVIEW APPENDIX I 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 3 THIS DOUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. REQUEST FOR PROPOSALS VIRGINIA KEY MARINA (RFP No. 16-17-011) L EXECUTIVE SUMMMARY Project: The City is seeking responsive proposals from qualified Proposers willing to plan, redesign, construct, renovate, redevelop, lease, manage and operate a mixed-use waterfront facility including, but not limited to, a marina, boatyard, dock master's office, ship's store, dry storage, wet slip docks, and at least one restaurant ("Project"). 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 seventeen (17) acres. Additional submerged land may be available, as specified in Section IILA.6. below. Zoning: Development capacity and program for this site are regulated by the City of Miami ("City") Comprehensive Neighborhood Plan and the Miami 21 Zoning Code. The applicable zoning designation is CS Civic Space Zone according to the Miami 21 Zoning Code. Condition of Property: The Property and its improvements are offered in "AS IS, WHERE IS" condition by the City. No representations or warranties whatsoever are made as to its condition, state or characteristics. EXPRESSED WARRANTIES AND IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR USE AND HABITABILITY ARE HEREBY DISCLAIMED. IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED. No representation whatsoever is made as to any environmental, surface, subsurface, water or soil matter or condition. Taxes, Impositions: The Successful Proposer is responsible for all taxes, levies, governmental impositions, surcharges and assessments due or assessed on the Property. The Successful Proposer shall be required to pay for any survey(s), site plans, permits, or other application fees required for the implementation of the Project. The Successful Proposer shall be responsible for payment in 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 M THIS DOUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. fully cooperate in the state approval process, if applicable, as requested by City and/or the State. County Approval: The Property is also subject to certain deed restrictions set forth by Miami -Dade County. In the event Miami -Dade County requires approval of the site plan or any other component of the RFP, the Successful Proposer shall be responsible for pursuing such approvals at its sole cost and expense. 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 applicable law. Please note that adherence to the Master Plan does not require adherence to the pictorial design provided therein. Rather, emphasis shall be made on substantial compliance with the principles adopted in the Master Plan. The Master Plan is included herein as Exhibit "D". Comprehensive Plan: The Miami City Commission has adopted, pursuant to the requirements of State and Local Laws, the Miami Comprehensive Neighborhood Plan ("MCNP"), as amended. The Future Land Use Map ("FLUM") of the MCNP classifies this Property as Public Parks and Recreation. Lease: A lease agreement substantially in the form included herein as Exhibit "C" ("Lease") shall be executed following the award of this RFP. Certain provisions of the Lease shall remain non-negotiable, including, but not limited to, items specifically required by this RFP, as well as Indemnification, Hold Harmless, Duty to defend, Insurance, and Guarantees. Please note that the form lease included as Exhibit "C" is a draft that will be revised to reflect all of the requirements specified in this RFP as finally negotiated between the parties, subject to review and approval by the Office of the City Attorney. Where the terms of the form Lease included as Exhibit "C" are in conflict with the terms contained in this RFP, the terms of this RFP shall govern. Lease Term: The Lease consists of a forty-five (45) year initial term, with two (2) fifteen (15) year renewal terms. The cumulative term, inclusive of both renewals, may not exceed a total of seventy-five (75) years ("Lease Term"). The Project shall be planned in a contiguous manner, although there may be a phased delivery of possession. The Lease Term shall commence upon execution of the Lease. Subsequent phases of the lease shall run concurrently with the initial phase. Rent Requirements: RFP Proposals shall include a minimum base rent equal to or greater than Two Million One Hundred and Fifty Thousand Dollars ($2,150,000) annually ("Base Rent"). Commencing on the first anniversary of the Effective Date of the Lease and on each anniversary thereafter during the Initial Term, the per annum Base Rent amount shall be adjusted to the greater of: an increase by one percent (1%) of the previous year's Base Rent, or an increase based on the amount indicated by the Consumer Price Index as of three (3) months prior to the beginning of the applicable adjustment date. In no event shall any such annual adjustment to the Base Rent result in an increase that is less than one percent (1%), or more than Five Percent (5%), of the Base Rent amount immediately prior to the effective date of such adjustment. THIS DOUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Additionally, Proposals must provide that the City shall receive a percentage rent equal to or greater than six percent (6%) of wet slip and dry storage operations, six percent (6%) of fuel sales, and four percent (4%) sublease income or other income received by Successful Proposer from the Project ("Participation Rent"). Additional rent may be applicable, as negotiated and specified in the Lease. Parking Contribution: Successful Proposer shall contribute a minimum of Three Million Four Hundred and Fifty Thousand Dollars ($3,450,000.00) to the construction of an adjacent municipal parking garage. Actual contribution amount shall be based on the Parking Formula, as defined below. Alternative arrangements for parking are available, including the potential waiver of the above-mentioned parking contribution, subject to additional restrictions specified below. Earnest Money Deposit: The Successful Proposer shall provide an irrevocable/unconditional Cashier's Check, drawn on a financial institution authorized to do business in Florida (or may do the same by wire transfer or shall provide proof the below amount has been deposited into a restricted escrow account), providing for Seven Million Dollars ($7,000,000), which shall be due upon execution of the Lease. Letters of credit will not be accepted as a substitute security. Referendum Deposit: Section 3(f)(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 Dollars ($125,000.00) deposit in order to place the lease terms on the ballot for approval ("Referendum Deposit"). After receiving approval by the City Commission, any unused portion of the Referendum Deposit, after deducting all costs for the Referendum, shall be returned to the Successful Proposer. In the event additional funds are required to place the question on the ballot (i.e., to account for increased costs of printing or other costs imposed), the Successful Proposer shall be required to promptly pay the additional funds to the City within ten (10) days' written notice. Failure to do so will disqualify the Proposer from further consideration. Letters of credit will not be accepted as a substitute security. Wet & Dry Storage: The marina shall provide the most efficient and cost effective number and size of dry storage racks and wet slips in light of market conditions as well as all RFP requirements. The size and number of all wet slips shall be subject to all applicable laws, rules and regulations, including, but not limited to, permitting, aquatic preserve limitations, and other regulatory requirements. No wet slips shall be allowed in the historically -designated marine basin other than those reasonably necessary for the launching and staging of vessels from the dry storage facility, as further clarified below. 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, 0 THIS DOUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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 of a portion of the Property, annually during the seven (7) days of the Boat Show, customarily held at or around President's Day weekend. The Successful Proposer shall also accommodate the Boat Show during the three (3) week set up period and the two (2) week tear down period for a total not to exceed six (6) weeks. This restriction shall be coterminous with the Lease for as long as the Boat Show is held at Virginia Key, even if the Boat Show is held elsewhere but later returns to Virginia Key during the Lease Term. Registration Fee: Only those Proposers who have registered as Registered Vendors, as specified below, can participate. For registration as an official Proposer prior to proposal submittal, and to receive a complete RFP package and RFP addenda as they are published, Proposers must submit a non-refundable fee of One Hundred and Fifty Dollars ($150.00), in the form of a cashier's check, money order, or official certified bank check, payable to the "City of Miami", delivered to the Registration Contact specified below ("Registration Fee"). Proposer Entity: At the time of submission of the Proposals, the Proposer must be a business entity (i.e., Partnership, Limited Liability Company, Corporation, etc.) already authorized to do business in the State of Florida, Miami -Dade County and the City of Miami under the Proposer entity's legal name. Any principal(s) included in Appendix 3 ("RFP Proposal Submission Form") may not be substituted or withdrawn from participation after the Submission Date unless the City Manager specifically authorizes in writing a request for substitution. 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: Registration Contact: The City may conduct a Pre -Proposal Submission Conference and Site Visit on a date and time that is yet to be determined. In the event of such Conference, notice of the date, time, and location shall be posted via Addendum at the following website: www.vir in.keymarinarfp.com, and sent to all Registered Proposers via email. Kimberly Balkus CBRE I Public Institutions 200 East Las Olas Blvd., Suite 1620 Fort Lauderdale, Florida 33301 T: (954) 331-1776 E: kimberly.balkuskcbre.com 7 THIS DOUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Project Manager: Jacqueline Lorenzo City of Miami I Department of Real Estate and Asset Management 444 SW 2nd Avenue, 3rd Floor Miami, Florida 33130 T: (305) 416-1426 E: jlorenzokmiamigov.com Proposal Due Date and Location: May 18, 2017, 2:00 P.M. Office of the City Clerk, City of Miami City Hall 3500 Pan American Drive, First Floor Counter Miami, FL 33133 THIS DOUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. II. GENERAL TERMS AND CONDITIONS A. Definitions 1. Proposal — shall refer to any offer(s) submitted in response to this solicitation. 2. Proposer — shall refer to anyone submitting a Proposal in response to this solicitation. 3. Solicitation— shall mean this solicitation documentation, including any and all addenda. 4. Solicitation Submittal Forms — must be completed and submitted with the Proposal. 5. City — shall refer to the City of Miami, Florida 6. DREAM — shall refer to City of Miami Department of Real Estate and Asset Management. 7. Registered Proposer — shall refer to a firm that has submitted a complete Registration Form. 8. Successful Proposer — shall mean the Proposer(s) recommended for award. B. Instruction to Proposers 1. Proposer Qualification and Registration It is the policy of the City to encourage full and open competition among all available qualified Proposers. Proposers must register as a Registered Proposer by submitting a completed Registration Form and providing a fee of One Hundred and Fifty Dollars ($150.00) in the form of a cashier's check, money order, or official bank check, payable to the "City of Miami". 2. Public Entity Crimes To be eligible for award of a contract, firms wishing to do business with the City must comply with Section 287.133(2)(a) of the Florida Statutes, which provides that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Proposal on a contract to provide any goods or services to a public entity, may not submit a Proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit Proposals on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO, as defined by Section 287.017(2) of the Florida Statutes, for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 3. Request for Additional Information i. Cone of Silence: Pursuant to Section 18-74 of the City Code, all Solicitations, once advertised and until an award recommendation has been forwarded to the appropriate authority, are under the "Cone of Silence". Any communication or inquiries, except for clarification of process or procedure already contained in the Solicitation, are to be made in writing to the attention of the Project Manager identified in the Solicitation with a copy sent to Lee Ann Korst I CBRE at leeann.korstkcbre.com and to the City Clerk either via email at clerkskmiamigov.com or via mail at Office of the City Clerk, Attn: Todd B. Hannon, 3500 Pan American Drive, First Floor, Miami, Florida 33133. ii. Addenda: DREAM may issue an addendum in response to any inquiry received prior to Proposal receipt and opening that changes, adds to, or clarifies the terms, provisions or requirements of the Solicitation. The Proposer should not rely on any representation, statement or explanation whether written or verbal, other than those made in this Solicitation or in any addenda issued. Where there appears to be a conflict between this Solicitation and any addenda, the last addendum issued shall prevail. It is the Proposer's responsibility to ensure receipt of all addenda, and any accompanying documentation. 0 THIS DOUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 4. Solicitation and Proposers' Responsibilities It is the responsibility of the Proposer to become thoroughly familiar with the requirements, terms, and conditions of this Solicitation. Allegations or pleas of ignorance by the Proposer of conditions that exist or that may exist will not be accepted as a basis for varying the requirements of the City, or the compensation to be paid by the Proposer. This Solicitation is subject to all legal requirements contained in the applicable City Charter and City Code provisions, as well as all applicable County, State, and Federal laws, rules, and regulations. It is the responsibility of the Proposer, prior to conducting any lobbying regarding this Solicitation to file the appropriate form with the City Clerk stating that a particular lobbyist is authorized to represent the Proposer. The Proposer shall also file a form with the City Clerk at the point in time at which a lobbyist is no longer authorized to represent said Proposer. Failure of a Proposer to file the appropriate form required, in relation to each Solicitation, may be considered as evidence that the Proposer is not a responsible contractor. 5. Change or Withdrawal of Proposals i. Changes: Prior to the scheduled Proposal receipt and opening, a Proposer may change its Proposal by submitting a new Proposal. Other than scrivener's errors or other non- material errors that serve the City's best interest once revised, no changes to a Proposal will be accepted after the submission deadline. ii. Withdrawals: A Proposal shall be irrevocable unless the Proposal is withdrawn as provided herein. A Proposal may be withdrawn within ninety (90) days after the Proposal has been received and opened and prior to award, by submitting a letter to the Project Manager identified in this Solicitation. The withdrawal letter must be on company letterhead and signed by an authorized agent of the Proposer. Proposals may not be withdrawn except as expressly provided in this Section II.13.5.11. 6. Conflicts within Solicitation Provisions contained herein will be interpreted in a manner consistent with all other provisions. However, where there exists a conflict between the General Terms and Conditions, Special Conditions, the Technical Specifications, or any addendum issued, the order of precedence shall be: the last addendum issued, the Technical Specifications, the Special Conditions, and then the General Terms and Conditions. Additionally, the provisions of this solicitation shall govern over all agreements to be negotiated with Proposer pursuant to this solicitation. In the event of a conflict between any draft agreement included as an exhibit, attachment, or appendix and the terms of this solicitation, the terms of this solicitation shall govern. C. Preparation of Proposals 1. Registration Form — Proposers are required to register in the manner indicated in the Registration Fee Section of the Executive Summary, in order to respond to solicitations issued by DREAM. 2. Submittal Forms — the Proposal Submission Form and all other required solicitation documents define requirements of the Solicitation, and must be completed and submitted as outlined within the Solicitation. Use of another form may result in rejection of the Proposal. 3. Authorized Agent — An authorized agent of the Proposer's firm must sign the Proposal Submission Form and submit it together with the Proposal. 4. Conditions — The Proposer may be considered non-responsive if Proposals are conditioned to modifications, changes, or revisions to the terms and conditions of this Solicitation. 10 THIS DOUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 5. Additional/Alternate Proposals — Proposers may submit an additional or alternate Proposal(s) for the same Solicitation provided that such additional or alternate Proposal is allowable under the terms and conditions specified in this RFP. The additional or alternate Proposal must meet or exceed minimum requirements and must be submitted by separate submittal marked "Alternate Proposal". All Proposals submitted as Alternate Proposals shall be considered separately and independently of each other. Additional or alternate Proposals shall not deviate from the requirements of this RFP. Failure to comply with the requirements of this RFP in any one of the additional or alternate Proposals shall be grounds for disqualification of such Alternate Proposal. 6. Price Discrepancies — where there is a discrepancy between the prices offered within the Proposal, the prices or amounts that would provide the greatest return to the City shall prevail. D. Cancellation of Solicitation The City reserves the right to cancel, in whole or in part, any Solicitation when it is in the best interest of the City. The City shall have the sole and absolute discretion to determine which actions are in the best interest of the City. E. Award of Solicitation 1. Generally — This RFP may be awarded to the responsible Proposer meeting all requirements as set forth in the Solicitation. The City reserves the right to reject any and all Proposals, to waive irregularities or technicalities and to re -advertise for all or any part of this Solicitation as deemed in its best interest. The City shall be the sole judge of its best interest. 2. Unreasonable Offers — The City expressly reserves the right to reject any and all Proposals if it is determined that prices are insufficient, best offers are determined to be unreasonable, or it is otherwise determined to be in the City's best interest to do so. 3. Negotiations — The City reserves the right to negotiate price with the Proposer providing the best financial return to the City, provided that the Solicitation's scope of work and/or minimum requirements, including rent, remains the same or revised for the City's benefit (such as increased rent). 4. Qualified Proposers — Award of this Solicitation will only be made to firms that have completed the Registration Form and satisfy all necessary legal requirements to do business with the City. 5. Contractor Responsibility — Pursuant to City Code Section 18-120, the Proposer's performance as a prime contractor or subcontractor (as may be applicable) on previous City contracts shall be taken into account in evaluating the Proposal received for this Solicitation. 6. Award Information — To obtain a copy of the evaluation scores, upon notice of Award Recommendation, Proposer(s) may request the scoring sheets or other award information by contacting the Project Manager outlined within the Solicitation. 7. Contract — The Solicitation, any addenda thereto, the subsequent agreement(s), and any properly executed modifications shall constitute the resultant contract. 8. Required Documentation — Award of this Solicitation may be predicated on compliance with and submittal of all required documents as stipulated in the Solicitation. 9. Request for Additional Information — The City reserves the right to request and evaluate additional information from Proposers after the submission deadline as the City deems necessary. 11 THIS DOUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. F. Proposal Security A cashier's or certified check, payable to the City of Miami, or proof a specified amount has been placed into a restricted escrow account for the benefit of the City is required from all proposers, to the extent required under "Special Conditions" or "Technical Specifications" ("Proposal Security"). This Proposal Security guarantees that a Proposer will accept the order or agreement if it is awarded to said Proposer. Proposer shall forfeit the Proposal Security to the City should City award contract/agreement to Proposer and Proposer fails to accept the award. The City reserves the right to reject any and all surety tendered to the City. Proposal Securities are returned to unsuccessful Proposers upon demand within fifteen (15) days after the award and Successful Proposer's acceptance of award. If ninety (90) days have passed after the date of the formal Solicitation closing date, and no contract has been awarded, all Proposal Securities will be returned upon demand. Failure to execute an agreement and/or file an acceptable Performance Bond, when required, as may be provided herein, shall be just cause for the annulment of the award and the forfeiture of the Proposal Security to the City, which forfeiture shall be considered, not as a penalty, but in mitigation of damages sustained. The amount of the Proposal Security shall be a liquidated sum, which shall be due in full in the event of default. Award may then be made to the next lowest responsive, responsible Proposer whose Proposal is most advantageous to the City, or all responses may be rejected. G. Responsive/Responsible Proposers Subject to City of Miami Code Sections 18-95 and 18-107, the City shall have reasonable discretion to deem any Proposal non-responsive and/or Proposer non -responsible (with due consideration of all relevant extenuating circumstances, including, without limitation, the Proposer's culpability, overall record of performance, etc.) based on whether the Proposer or any of its members has any actual or constructive knowledge that Proposer or any of its members: i) are in arrears to the City for any debt or obligation; ii) have any uncured defaults or have failed to perform under the terms of any agreement or contract with the City or other government entity within the past ten (10) years; iii) are in default under any agreement or contract with the City or other government agency or entity on the date and time the proposal is due; iv) have caused fines, penalties, fees or similar impositions to be levied against the City or any other governmental entity or agency; v) have any past, present or on-going litigation or adversarial administrative proceedings with the City or other government agency or entity; vi) have filed and not prevailed in frivolous lawsuits, as that term is defined by Section 57.105 of the Florida Statutes as determined by a final order of the court; vii) have past, present, or pending involuntary: bankruptcies, liquidations, assignments for the benefit of creditors, receiverships, dissolutions, actions involving fraudulent transfers, foreclosures, or similar actions within the past seven (7) years on projects or businesses they have owned, operated, or controlled a majority interest (i.e., ownership of ten percent (10%) or more of the entity stock or shares); viii) have been found liable by any legal or administrative entity via any proceedings for environmental damage, contamination or any other environmental liability; ix) have failed to disclose involvement as a party, third party, or intervenor in any legal or administrative proceedings concerning environmental damage, contamination or any other environmental liabilities, whether found liable or otherwise; x) have been debarred by any public agency or been placed in the convicted vendors list pursuant to Florida Statute Section 287.133 or a similar law, rule, or regulation; xi) have failed to disclose any of the above; or xii) are otherwise determined to be non -responsible as defined by the City of Miami Procurement Ordinance, including, without limitation, Sections 18-73 and 18-95 of the City Code, and by the laws of the State of Florida. Similarly, any Proposer, or its principal(s) that is determined by a court, hearing officer, or other regulatory agency of competent jurisdiction (and all due process of law has been exhausted) to be liable for causing damage (by their own actions) to the City, its agencies or instrumentalities, directly or 12 THIS DOUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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 (which shall not be effective until after due process of law has been exhausted), either during the solicitation process or anytime during the term of any agreement awarded pursuant to this Solicitation, the City shall have discretion to immediately disqualify the Proposer and terminate any agreement entered into pursuant to this RFP, with no other cure rights. In such event, the City shall immediately own any improvements built on the Property, with no responsibility, financial or otherwise, to the Proposer. H. Bid Protest All bid protests shall be processed in accordance with the procedures contained in Section 18-104 of the City Code. All of the requirements and procedures specified in Section 18-104 shall be mandatory in order to properly file and proceed with a bid protest. Section 18-104, as the same may be amended, shall be deemed as incorporated by reference herein as if set forth in full. I. Laws and Regulations The Successful Proposer shall comply with all applicable laws, codes, rules, permits, approvals, and regulations applicable to enter into the agreement specified in this Solicitation. The Successful Proposer shall comply with all applicable federal, state and local laws that may affect the execution of the agreement. J. Licenses, Permits, and Fees The Successful Proposer(s) shall hold all licenses and/or certifications, obtain and pay for all permits and/or inspections, and comply with all laws, ordinances, regulations and building code requirements applicable to the agreement required herein. Damages, penalties, and/or fines imposed on the City or Successful Proposer for failure to obtain and maintain required licenses, certifications, permits and/or inspections shall be borne by said Successful Proposer. K. Responsible Wages; Living Wage The Successful Proposer(s) shall comply with Section 18-120 of the City Code, titled Responsible Wage Construction Contracts, to the extent applicable to any development on City -owned property. Enforcement of this ordinance may require the Successful Proposer to furnish the City with a monitoring fee and may require the submission of a percentage of the construction cost into an escrow account. Additionally, the Successful Proposer(s) shall comply with Section 18-556, et. seq. of the City Code, titled Living Wages, to the extent applicable. L. Local Workforce Participation The Successful Proposer shall include a minimum of forty percent (40%) local workforce from Miami - Dade County, of which twenty-five percent (25%) must be City residents, for the construction of the Project. In the event that the Successful Proposer cannot meet the required twenty-five percent (25%) of workforce from City residents, the Successful Proposer shall document and demonstrate to the City that they have utilized their best efforts to achieve this goal. Upon receipt of such documentation, the City may direct the Successful Proposer to achieve the portion of the percentage not met, through Miami -Dade County residents. The Successful Proposer shall have a third party independently verify and certify compliance with these requirements on a monthly basis. Said third party shall be unaffiliated with the Successful Proposer and shall be properly licensed under the provisions of Florida Statute Chapter 454, 471, 473, or 481. The person performing the verification shall have a minimum of two (2) years of prior professional experience in contract compliance, auditing, personnel administration, or field experience in payroll enforcement or investigative environment. The cost of this 13 THIS DOUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. verification/certification shall be included in the related contract costs. Failure to comply with this requirement shall result in a penalty in an amount to be determined by the City and incorporated into the Lease. M. Assignment Unless otherwise specified in this Solicitation, the Successful Proposer shall not assign, transfer, pledge, convey, hypothecate, or otherwise dispose of their Proposal, including any rights, title or interest therein, or its power to execute a contract with the City thereby, to any person, company or corporation without the prior written consent of the City Commission, which may be conditioned, withheld, or refused. N. Indemnification The Successful Proposer shall indemnify, defend (at its sole cost and expense), save, and hold harmless the City and its officers, officials, employees, agents, agencies, and instrumentalities from any and all actions, claims, protests, proceedings, causes of action, legal, equitable, regulatory, administrative or otherwise, liability, losses or damages, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance, non-performance, or breach of the agreement by the Successful Proposer, including without limitation the Solicitation, evaluation, recommendation(s) for award, and award of the Lease, the later possession and Tenancy and all activities or omissions thereon, the design and construction of all improvements, betterments, additions and structures, including the maintenance and use thereof, compliance with all applicable laws, codes, rules and regulations and payment of all debts, expenses, costs, and fees that are the responsibility of the Proposer as they come due. The Foregoing Indemnity, Hold Harmless and Duty to Defend shall include the Proposer and/or its employees, agents, servants, partners, principals or subcontractors, jointly and severally. The Successful Proposer shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred thereon. The Successful Proposer expressly understands and agrees that any insurance protection required by this Solicitation or subsequent agreement, or otherwise provided by the Successful Proposer shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, officials, employees, agents, agencies, and instrumentalities as herein provided, which duty shall survive the cancellation of the Lease, as may be applicable. Submittal of a Proposal shall constitute voluntary and knowing acknowledgment and acceptance of this Indemnification provision, which will become effective upon submission through selection until such time the Lease is executed, at which point all the indemnifications provided therein shall apply. This Section will obligate the Successful Proposer to intervene, indemnify, hold and save harmless, fully cooperate, defend, and assist (at the option of the City Attorney) in the defense of the City in any protest. O. Insurance Requirements Prior to execution of the agreement by the City, the Successful Proposer shall furnish to the City Certificates(s) of Insurance that indicate that insurance coverage has been obtained which meets the requirements as set forth by the City. The title and/or number of this Solicitation number must appear on each certificate. All policies and/or certificate(s) of insurance are subject to the review and approval by the City's Department of Risk Management prior to approval. The certificate(s) of insurance shall substantially comply with the insurance requirements listed in Appendix 8. Certificates will indicate that no modification, lapse, or change in insurance shall be made without thirty (30) days written notice to the Certificate Holder. If insurance certificates are scheduled to expire during the contractual period, the Successful Proposer shall be responsible for submitting new or renewed insurance certificate(s) to 14 THIS DOUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. the City at a minimum of ten (10) calendar days in advance of such expiration. The City of Miami Director of the Department of Risk Management shall have the right to amend or solicit additional insurance requirements as needed in connection with the construction or management phases of the Project. P. Auditor General The City reserves the right to require the Successful Proposer(s) to submit to an audit by the Auditor General or other auditor of the City's choosing at the Proposer's expense. The Proposer shall provide access to all of its records, including access to its designated bank account(s) for this project, which relate directly or indirectly to the subject agreement at its place of business during regular business hours. The Proposer shall retain all records pertaining to the agreement and upon request make them available to the City for three (3) years following expiration of the agreement. Alternatively, the Successful Proposer may transfer the records to the City throughout the term of the agreement, subject to the Successful Proposer's maintenance of these records for at least three (3) years after creation of such records. The Proposer agrees to provide such assistance as may be necessary to facilitate the review or audit by the City to ensure compliance with applicable accounting and financial standards. Q. Collusion Any Proposers interested in bidding on a competitive solicitation for any DREAM project including, but not limited to, a purchase, lease, permit, concession or management agreement, shall submit the Non -Collusion Affidavit included herein as Appendix 10 under penalty of perjury. The Non -Collusion Affidavit provides either that the Proposer is not related to or affiliated with any of the other parties submitting a Proposal in this Solicitation or identifies all affiliated or related parties that submitted a Proposal in the Solicitation. The Non -Collusion Affidavit further attests that the Proposer's proposal is genuine and not sham or collusive or made in the interest or on behalf of any person not therein named, and that the Proposer has not, directly or indirectly, induced or solicited any other Proposer to put in a sham proposal, or any other person, firm, or corporation to refrain from proposing, and that the proposer has not, in any manner, sought by collusion to secure to the proposer an advantage over any other Proposer. In the event a recommended Proposer identifies related parties in the competitive Solicitation its Proposal shall be presumed to be collusive and the recommended Proposer shall be ineligible for award unless that presumption is rebutted. Any person or entity that fails to submit the required affidavit shall be ineligible for contract award. Failure to provide the Non -Collusion Affidavit with the Proposal or within five (5) days' request by the City, shall be cause for the contractor to forfeit their Proposal Security, if applicable. R. Proprietary/Confidential Information Proposers are hereby notified that all information submitted as part of, or in support of Proposals, will be available for public inspection after opening of Proposals, in compliance with Chapter 119 of the Florida Statutes, as amended. Proposer(s) shall not submit any information in response to this Solicitation which the Proposer considers to be a trade secret, proprietary or confidential. The submission of any information to the City in connection with this Solicitation shall be deemed conclusively to be an affirmative and absolute waiver of any trade secret or other protection, which would otherwise be available to Proposer (except for those social security numbers and similar private personal information provided in the Consent Forms included as Appendix 9). S. Governing Law This Solicitation and subsequently executed agreement, including appendices, and all matters relating to the agreement (whether in contract, statute, tort, regulatory, administrative, or otherwise) shall be governed by, and construed in accordance with, the laws of the State of Florida regardless of the domicile of any Proposers. Exclusive venue shall be Miami -Dade County. By submitting a proposal 15 THIS DOUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. response, the Proposer knowingly and voluntarily agrees to this choice of applicable law and venue and to all other requirements of the Proposer in the RFP. 16 THIS DOUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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 IILC.2. below as well as the following objectives and guidelines: a. Economic Objectives ■ Increase financial return to the City; ■ Improve revenue-producing capacity of facilities; ■ Ensure that any proposed ancillary or complementary uses further enhance the destination market appeal; ■ Utilize the available Property to maximize its economic potential subject to the restrictions set forth in this RFP. b. Planning & Land Use Objectives ■ Attract residents and visitors to the public waterfront so that they may enjoy Biscayne Bay and the maritime setting of Virginia Key; ■ Convert the existing facilities into a modern world-class facility using state-of-the- art technology and include ancillary uses that complement the Property's setting and geographical location, aimed to stimulate public use of, and widespread interest in, the Property; ■ Provide for the development of a mixed-use marina and waterfront destination, portraying a unified and integrated marina that seamlessly interacts with adjacent restaurants and facilities; ■ Allow for easy access to and throughout the Property, including the development of a full -width bay walk that matches the design east of Marine Stadium, and provides seamless connectivity from Marine Stadium to the existing Rusty Pelican restaurant (consistent with Miami 21); ■ Promote various active public uses of the site that will enhance the overall public benefit derived from the Property in terms of use, visibility, environmental protection, and financial return; ■ Proposers should consider developing and operating the Project at varying price - points, incorporating, for example, an element of casual waterfront dining, in order to increase public accessibility of the Project; ■ Preserve critical and sensitive wildlife areas; ■ Provide facilities that represent flexible designs and iconic attention -grabbing buildings that function year-round for daily and nightly activities; ■ Maintain harmony between the design and architecture of the new structures and the iconic architecture of the Miami Marine Stadium; 17 THIS DOUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. ■ Develop an array of recreational waterfront uses operated by management experienced in waterfront programming in order to attract increasing and varied segments of the local, regional and visitor population; ■ Develop the Project with considerations made for anticipated sea level rise using the USACE High or NOAA High curve calculator for sea level rise projections. c. Urban Design Principles & Guidelines ■ Use of the Virginia Key Master Plan principles as a guideline for proposed improvements and the Project's architectural/landscape features; ■ Emphasis on public access throughout the Property, with safe pedestrian connections and ease of access between the facilities and the surrounding areas; ■ Improve Marina access points with aesthetically attractive buffering features through hardscape or softscape elements; ■ Utility infrastructures shall be placed underground or within chases below grade, where feasible; ■ Creative use of roadway lighting and distinctive exterior lighting is encouraged; ■ Provide roadway and decorative lighting that has minimal or no impact on the historic basin and environment; ■ Incorporation of pedestrian -scale decorative lighting, as well as low-level path and landscape accent lighting; ■ Architecture and landscape should acknowledge the tropical climate of the region and contribute to the pedestrian and civic life of the Project; ■ Provide optimum views of the bay from the facilities; ■ Provide continuous public open spaces that acknowledge the tropical climate of the region by providing significant landscape design, shade and coverage through the use of substantial shade trees and specimen palm varieties; ■ Adaptability and flexibility to integrate with any future Virginia Key -wide transportation systems that may be developed; ■ Adaptability to increased flooding risks due to sea level rise; ■ Building facades should be varied and articulated to invoke visual interest; ■ Secondary entries from interior walkways are also encouraged. 2. Virginia Key Master Plan An area -wide Master Plan has been adopted in principle by the Miami City Commission after receipt of public input. The Virginia Key Master Plan sets forth a holistic development plan for Virginia Key. It is the intent of this RFP to encourage an integrally planned and designed development vision for the Property consistent with and substantially adhering to the Virginia Key Master Plan to the extent permitted by law. Please note that adherence to the Master Plan does not require adherence to the pictorial design provided therein. Rather, emphasis shall be made on substantial compliance with the principles adopted in the Master Plan. The Virginia Key Master Plan is included herein as Exhibit "D". Additional information concerning the Virginia Key Master Plan can be obtained from the City's Department of Planning and Zoning, and can be accessed from the following site: http://www.miamigov.comZplanning/virginiakeymp.html 3. Required Redevelopment The Successful Proposer shall be required to redevelop the property substantially in the manner specified below. Additionally, the Successful Proposer shall maintain the Property in First -Class operating condition. For the purposes of this RFP, "First Class" shall refer to the use of state-of-the-art or high-grade technology, materials, and services according to acceptable industry standards and applicable laws. The Successful Proposer shall be IN THIS DOUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. expected, prior to final approval of the Project plan, and subject to applicable laws (including permitting requirements and other regulations), to substantially comply with and provide for the following elements into the final design: a. Marina Generally i. Maximize boating access and transient dockage participation reflecting concepts in the Master Plan, in compliance with applicable laws and regulations; ii. Reconstruct the two marinas into a unified marina and provide for best utilization of available space for dry rack storage, wet slips, and/or other uses; iii. New marina to include all FDOT precast piles equal to or greater than 14" (any alternative must be equal or better in long term durability and sustainability, subject to the City's discretion and approval); iv. Design, refurbish or reconstruct the marina pavement to meet applicable design criteria for appropriate vehicles and loads to result from the proposed marina use in visually appealing manner; v. Should include at minimum MMFX (9 100 Classic) rebar in all poured in place pile caps; vi. Construction documents shall be subject to "peer review" of electrical and structural design; vii. Interior and perimeter walkways shall be a minimum of fourteen (14) ft. width where there are sufficient uplands to accommodate the 14' width and shall be the widest reasonably possible where there are insufficient uplands; viii. Buildings shall be no taller than the crown of the Marine Stadium, and shall not significantly interfere with the sight lines to the Miami skyline from the Marine Stadium; ix. Signage shall be designed to meet compatibility, uniformity and size standards that do not compete with the architecture of the development, and that comply with applicable Miami 21 zoning regulations; x. Marina shall be required to achieve and maintain designation as a "clean and resilient marina" as administered by FDEP, to the extent applicable; xi. Design shall incorporate elements of the natural habitat and provide a varied and plentiful palette of local native plant materials, which are 100% native and consist of plants that comprise the coastal hammock habitat of Virginia Key; xii. Mangroves shall be incorporated along the shoreline, where feasible; xiii. Design shall also take into account the protected natural habitats in the area; xiv. Proposers shall be required to provide critical wildlife markers, where applicable; xv. Development of the Marina shall not impede redevelopment of the Marine Stadium. b. Wet Slips i. Maximize the number of wet slips on site considering market demand, RFP requirements, and revenue generation; ii. No dredging beyond maintenance dredging to a uniform depth of eight (8) or nine (9) feet shall be allowed; In No wet slips will be allowed within the Historic Commodore Ralph Monroe Marine Stadium Historic Basin (this restriction shall not preclude the Proposer from maintaining access reasonably necessary to support the upland dry storage facility, such as launching or staging of vessels, and subject to the requirement to provide channel markings as specified in Section IILA.5 below). A map of 19 THIS DOUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. this area is on file and available from the City of Miami Historic and Environmental Office in the City Planning and Zoning Department; iv. Renovate or renew all the bulkheads along the entire wet slip marina, and maintain the dockibulkhead wall in good condition for the Lease Term, subject to applicable rules and regulations; v. Dock construction shall be concrete docks or aluminum floating docks. However, one hundred percent (100%) fixed concrete docks are preferred. No wooden docks shall be permitted; vi. Docks shall be designed to sustain category two (2) or three (3) hurricane with boats in the wet slips; vii. New docks shall include modern dock design, with sufficient voltage, metered water, and other utility requirements to provide for the proper operation of most modern boats commensurate with the slip size; viii. Docks shall be separately metered; ix. Provide adequate amount of transient dockage for automated storage system; x. Provide for a public water taxi stop with no restrictions on timing or use; xi. Provide for small boat, kayak, and sailboat rental concession slips. c. Dry Boat Storage I. Maximize the number of dry racks on site in light of market demand, RFP requirements, and revenue generation; ii. All dry racks must fit within or around the general area depicted as the footprint for dry boat storage on the Master Plan; iii. The dry boat storage facility may not exceed the height limitation (crown of Marine Stadium) set forth in the Master Plan; iv. Provide for an automated dry boat storage facility, including boat Valet services and fueling station. d. Restaurant & Bar Major renovations to the restaurant, rather than demolition and development, are at the option of the Proposer. However, the Successful Proposer must ensure that all restaurant facilities are in full compliance with all current and applicable local, state and federal legal, code, regulatory, health, life/safety, licensing requirements including without limitation, all applicable Americans with Disabilities Act ("ADA") requirements. Each Proposer may propose to have one or more restaurants on the site. However, please note that the number of restaurants provided in the Proposal shall not be considered during evaluation. However, configuration and use of the site, including placement of restaurants, may be considered in the overall aesthetics and functionality of the design proposed. The Successful Proposer shall maintain all restaurants in good condition and repair for the Lease Term. Additionally, all restaurants shall comply with applicable statutes concerning retention of tips or payment under Section 207(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. 20 THIS DOUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Ship's Store Incorporate a Ship's Store providing for sale any necessary inventory or supplies to meet marine vessels' daily requirements such as food, water, cleaning supplies, medical supplies, safety supplies, spare parts, or any other customary equipment or supplies needed for the navigation, marine recreation, maintenance, and operation of a ship. g. Fuel Station i. Construct a new fuel station to be located on a dock in the west end of the Property; ii. Construct an additional fuel station in the dry boat storage area as noted above to provide all valet services necessary for a First Class automated facility; iii. All fuel stations on site must comply with Spill Prevention, Control, and Countermeasure (SPCC) regulations, to the extent applicable. h. Baywalk Provide a fourteen (14) foot continuous baywalk within the Property boundaries to serve as a waterfront promenade along the historic basin. This baywalk must conform with applicable regulatory restrictions and guidelines, including, but not limited to, the Miami 21 Zoning Code. i. Access Road The Successful Proposer shall either: (1) maintain the access road indicated as Parcel 2 in the survey attached as Exhibit "A"; or (2) provide an alternative access road in a substantially similar vicinity as that indicated as Parcel 2 in the survey attached as Exhibit "A". The Public, including the agents, employees, and invitees of the adjacent Rusty Pelican Restaurant, shall be granted access to, over, and across the above- mentioned access road. 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 Provide construction administration services, including preparation of construction bid documents, construction monitoring, special inspections and close-out; iv. The public boat ramp shall be constructed in accordance with the boat ramp specifications of the Miami 21 Zoning Code; v. Parking for the public boat ramp may be provided off site adjacent to the Property. All improvements must be constructed at the Successful Proposer's sole cost and expense. All improvements are to be applied for, permitted, or otherwise approved as required by applicable laws, codes and regulations by the Successful Proposer or the Successful Proposer's authorized agents if applicable. However, the City may assist the Successful Proposer by providing City documentation that may be required for zoning changes, PZAB hearings, and grant or financing applications, at the City's sole discretion, pursuant to availability and at no cost to the City. 21 THIS DOUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. In the event the Successful Proposer is unable to develop any portion of the property in the manner required by this RFP, for reasons outside of their control (such as permit denials, regulatory denials, City Commission denials, etc.) they shall be allowed to construct the remaining portions of the Project at the City's sole discretion. In such case the City may renegotiate a lower minimum annual rent. However, in no event will the City accept a rent lower than fair market value, as determined by two State -certified appraisers selected by the City. Additionally, the Successful Proposer shall publish in a public space a marina waiting list weekly, indicating use of the marina is open to the public, subject to applicable fees and other reasonable non-discriminatory criteria, on a first-come first-served basis. 4. Ancillary Facilities The Successful Proposer may provide additional ancillary facilities and components consistent with the intent of this RFP and the principles stated in the Virginia Key Master Plan; such as, for example, a market or other facility ancillary to the Marina. The City shall have reasonable discretion to determine which ancillary uses are acceptable, subject to applicable laws, the Master Plan, and applicable restrictive covenants. 5. Virginia Key Marina Basin The Successful Proposer shall work with the City to design channel markings from the Public Boat Ramp and Dry Boat Storage facilities that encourage motorized traffic to safely navigate to and from the basin in a manner that minimizes boat wakes and is respectful of the environment as well as passive users of the basin. 6. Miami -Dade County Submerged Land Miami -Dade County is the fee simple owner of the submerged land adjacent to the Rickenbacker Causeway and Northwest of the RFP Property ("County Submerged Land"). As the Master Plan currently contemplates a potential marina expansion into the County Submerged Land, this RFP encourages the potential expansion at a later date, subject to all applicable rules and regulations. Please note that the Miami -Dade County Manatee Protection Plan delineates certain criteria for expansion; any such expansion shall be subject to all applicable laws, including the criteria specified therein. Successful Proposer interested in expanding the marina into the County Submerged Land shall be required to coordinate with the City and obtain approval for any such expansion prior to submitting a formal application with the County. Additionally, any application will require City approval. For the purposes of this RFP, Proposers should not provide designs for the potential expansion and shall not be evaluated on such expansion. Nevertheless, this RFP expressly contemplates and includes the Successful Proposer's right to such an expansion without the need for a new solicitation process if the Successful Proposer so chooses, subject to County approval as well as City Commission approval of the precise legal description, scope, design, construction, rent, fees, schedule, etc. Additionally, the below -specified redevelopment schedule shall not apply to this expansion, but shall be set by the City Commission upon approval. 7. Lease In order to be considered for the award of this RFP, the Successful Proposer must enter into a lease and development agreement with the City in substantially the form as the Lease 22 THIS DOUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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 cumulative term, inclusive of both renewals, may not exceed seventy-five (75) years ("Lease Term"). The Project shall be planned and designated in a contiguous manner, although there may be a phased construction schedule, and therefore a corresponding phased delivery of possession. The Lease Term shall commence upon execution of the Lease. Subsequent phases of the lease shall be coterminous, i.e., run concurrently, with the initial phase. Please note, however, that rent may be deferred during construction or other negotiated arrangement subject to the below Section 9, concerning rent. 9. Rent Per City of Miami Charter Section 3(f)(111)(B), the City of Miami may only lease waterfront property on the condition that "the terms of the contract result in a fair return to the City based on two independent appraisals." Under no circumstance may the City accept a proposal falling below the fair market value determined by the two appraisals conducted by independent state -certified appraisers. Nor shall the City accept a proposal falling below the minimum base rent established herein. The Successful Proposer's project shall be subject to a second fair market appraisal by two independent appraisers to ensure that the return to the City is equal to or greater than fair market value as required by the City Charter and Code. See also the City Charter Section 29-B for related requirements. The rent shall be inclusive of Base Rent as well as Percentage Rent. Proposals shall include a stated commitment of annual lease payments to the City in the form of a guaranteed base rent ("Base Rent") greater than or equal to Two Million One Hundred and Fifty Thousand Dollars ($2,150,000) annually PLUS a percentage(s) of gross revenues, which shall neither be adjusted nor otherwise interpreted to mean net of expenses ("Percentage Rent"). The Percentage Rent must be equal to or greater than six percent (6%) of wet slip and dry storage operations, six percent (6%) of fuel sales, and four percent (4%) sublease income or other income received by Successful Proposer from the use of the Property, and any other proposed lease payments, as well as a stated commitment to adhere to the City Charter requirement for compensation equal to fair market value. In order to ensure accurate records of revenues are maintained, the Lease shall provide that the City shall have continuous electronic access to all banking and credit card deposit information and have the right to audit occupancy monthly. Base Rent shall be increased annually by the greater of one percent (1%) of the previous year's Base Rent, or an increase based on the amount indicated by the Consumer Price Index as of three (3) months prior to the beginning of the applicable adjustment date. In no event shall any such annual adjustment to the Base Rent result in an increase which is less than one percent (1%), or more than five percent (5%), of the Base Rent amount immediately prior to the effective date of such adjustment. Base rent shall be paid monthly in advance commencing with the Lease Date. Base rent shall be adjusted annually according to the formula outlined above. Additional rent may be applicable, as negotiated and specified in the Lease. For instance, the Successful Proposer may also be required to provide the City with the following rents, based on the contents of the submitted proposal and subsequent negotiations: (1) rent paid during 23 THIS DOUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. construction ("Construction Rent"), which shall be paid for the appropriate period prior to Project completion; and/or (2) rent paid to maintain lease and development rights to any parcels to be developed following the initial phase of development, if phased development is proposed ("Placeholder Rent"). 10. Referendum Requirement Per Section 3 (f)(iii) of the City Charter, the Lease will not be valid until it has been presented and approved by public referendum. Lease negotiations must be substantially concluded in time to be considered by the City Commission for placement on the selected election ballot. The City together with the Successful Proposer may choose to present the Project by referendum during a scheduled election as a "piggy -back" item (estimated cost of $125,000 currently scheduled for November 7, 2017), or may choose to schedule a special election (estimated cost of $1,500,000), either of which shall be at the sole cost and expense of the Successful Proposer. The Successful Proposer shall be required to submit a One Hundred and Twenty -Five Thousand -dollar ($125,000.00) deposit for the costs of including the Project as an item on the ballot ("Referendum Deposit"). The Referendum Deposit shall be paid by the Successful Proposer upon approval by the City Commission within ten (10) days' notice by the City. Any portion of the Referendum Deposit that is not used shall be returned to the Successful Proposer. In the event additional funds are required to place the question on the ballot, the Successful Proposer shall be required to provide the same to the City within ten (10) days' notice by the City. If the voters reject the proposed transaction, the City may, in its sole discretion, elect to work with the Successful Proposer on a new referendum including negotiating changes to the Lease and development plan (which are beneficial to the City and which do not reduce the proposed benefits to the City as stated in the Proposal) or shall have the right to terminate the Project. In the event of such a termination, the Successful Proposer has no vested rights, commercial, contractual, or property rights, title or interest in the Property or to the Project, or any claim upon the City for any expenses incurred in the proposal process, and shall have no recourse against the City, its agencies, instrumentalities, officials, or employees because of the rejection by the voters. Notwithstanding the above, the City shall not be precluded from issuing a new RFP in the event the voters reject the subject Project, or if the Project is otherwise cancelled. 11. Parking Garage The Department of Off-street Parking d/b/a the Miami Parking Authority ("MPA") operates, manages, supervises, and directs all municipal parking and municipal parking facilities within the City of Miami. A municipal parking garage is intended to be built outside the Property in the area labeled on the survey as "NOT A PART" southwest of Parcel 3 ("MPA Parking"). A certain number of spaces shall be required for the patrons of the Project and for the Rusty Pelican restaurant. The Project parking requirement will depend on the size and scope of the respective Proposal as indicated in the following formula. The number of required parking spaces for the Project will be based on four (4) spaces per 1,000 square feet of retail, one (1) parking space per every five (5) boats of dry or wet storage, and eight (8) spaces for every 1,000 square feet of restaurant gross area ("Parking Formula"). The Successful Proposer shall be required to contribute to the Parking Trust Fund up to Fifteen Thousand Dollars ($15,000.00) (estimated to be approximately 50% of the cost of construction) per each space required for the overall 24 THIS DOUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. site proposal, as determined using the Parking Formula. Please note that a minimum of 230 parking spaces shall be required for the Project in the event the Parking Formula yields a required number of spaces less than 230. Proposers shall have the options listed below regarding the parking garage and contribution. Regardless of the option selected, on-site parking shall provide for and comply with the following requirements: (1) on-site parking shall include the required number of spaces for the Project per the Parking Formula ("Project Parking"); (2) the Rusty Pelican Restaurant shall be provided with the number of spaces specified in Rusty Pelican's lease agreement with the City ("Rusty Pelican Parking"); (3) parking shall be available to the public; (4) Project customers must be provided free parking; (5) and other requirements the City may specify (collectively the "Parking Requirements"). Option 1: The Successful Proposer shall pay into a project -specific parking trust fund ("Parking Trust Fund") an amount for construction of the MPA Parking at the time of Lease execution. The MPA will use the funds contributed to the Parking Trust Fund to construct the parking facility to accommodate the users of the Proj ect and the Rusty Pelican restaurant. The garage shall be designed within the constraints and budget that MPA will specify. The parking contribution to be paid into the Parking Trust Fund shall be based on the above Parking Formula. The parking contribution shall be paid by cashier's check or money order and delivered to the Director of Real Estate & Asset Management, 444 SW 2nd Avenue, 3rd Floor, Miami, Florida 33130 on or before execution of the Lease. This parking garage contribution will be deposited into an escrow account whose designated use shall be applied to the Parking Trust Fund. The schedule and milestones for construction of the parking garage and retail spaces by MPA will be developed in conjunction with, and will be compatible with, the Successful Proposers development plan. Failure to pay the parking garage contribution fully and timely will be just and fair cause for the City Commission to cancel or rescind the award to the Successful Proposer who shall have no recourse against the City, its agencies, instrumentalities, officials, and employees from such cancellation or rescission. It is agreed and stipulated that timely and full payment of the parking garage contribution is an express condition precedent to the granting of and execution of the Lease. The Successful Proposer shall have no vested or reserved interest, rights, options, preferences, or security in the ownership of the MPA parking facility, other than the City's commitment that those parking spaces 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 Successful Proposer's contribution to the Parking Trust Fund may be waived by the City if the Proposer elects to build the MPA Parking at their sole cost and expense. The City will allow the Proposer to use the parking garage contribution made by the Rusty Pelican towards the construction costs of the 25 THIS DOUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. parking facility. If the Proposer elects to build the MPA Parking, the parking structure must comply with the Parking Requirements, the Successful Proposer must guarantee completion, and the Successful Proposer must convey the parking structure to the City upon completion. Construction and operation of the MPA Parking must be overseen and supervised by MPA, subject to a parking development agreement to be executed by all applicable parties. Proposers may elect under this option to construct the Project on either of the following: (1) solely within the marina footprint, (2) solely within the MPA Parking footprint, or (3) on a combination of the two properties. Notwithstanding the above, the City will consider all proposals that incorporate all Parking Requirements, which convey the parking ownership to the City and operation to the MPA, and which satisfy all other regulatory and governmental obligations for the site. Please note that the investment, contribution and/or any income generated from the Parking on site shall not be considered by the Selection Committee in their evaluation of Proposals. Therefore, clarification of selected Parking option(s) is required, but is not a factor in the evaluation of the Proposals. Please also note that the MPA Parking garage is intended to be built on property deeded to the City by the County, and that such deed has certain restrictions. Use of that portion of land for the development of parking will be subject to such restrictions. A copy of the County resolution approving the deed and declaration of restrictions is included as Exhibit "G". MPA may, in its sole discretion, elect to build additional parking spaces beyond what is required for the Successful Proposer's Project and existing City and MPA parking obligations. Should the MPA choose to build additional parking spaces, the MPA will pay one hundred percent (100%) of the additional costs required for the additional spaces, as well as the cost for any ancillary uses incorporated in the parking facilities. 12. Boat Show The Proposal shall be compatible with the Boat Show. The Successful Proposer shall enter into an access agreement with NMMA. In no way may the proposed Project interfere with or affect the Boat Show, any exhibitor tents, or any of the footprint, in a manner that would diminish the amount of square footage provided to the Boat Show by two percent (2%) or more. All parking on site and other facilities shall remain open during the boat show to satisfy customers of the Project. All construction by the Successful Proposer shall be limited or paused to the extent necessary to permit access and use of the Property during the Boat Show, allowing for Boat Show exhibition space and clear walking paths to and from Boat Show exhibits. 13. Regulatory Process — Permitting & Licensing The plans for this Project will require various permits, consents, and approvals, and each Proposer to the RFP is responsible for determining which permits and approvals will be required for the construction, operation and completion of the Project. The Successful Proposer, at its sole cost and expense, shall be responsible for applying for and acquiring all required permits, licenses, contests, and approvals from all appropriate governmental agencies. Additionally, all improvements must comply with applicable building, fire, planning and zoning (as may be amended), health, and all other applicable local, state and federal requirements in place at the time of application submittal. Securing all such 26 THIS DOUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. approvals, consents, development permits, and similar required permissions shall be the responsibility of the Successful Proposer. The City, pursuant to all necessary reviews and approvals of design concepts, will, if necessary, provide owner sign -offs required for the Successful Proposer to obtain the appropriate regulatory permits, consents, and approvals from local, state, and federal agencies. Compliance with all legal and regulatory conditions will be strictly required. Regulatory permits may be necessary from the following agencies, including but not limited to: Miami -Dade County Department of Regulatory and Economic Resources (RER); State of Florida Department of Environmental Protection (DEP); U.S. Army Corps of Engineers (USACE); and the Federal Aviation Administration (FAA). This information is intended to help Proposers determine the applicable requirements and is not meant to be an exhaustive summary of all permits, licenses, and approvals required. 14. Redevelopment Schedule The City will require the proposed renovations/redevelopment/reconstruction to have obtained all required permits and commenced construction within thirty-six (36) months from the Effective Date of the Lease. All physical improvements for all Project components must be completed within sixty (60) months from execution of the Lease by both parties, unless the Successful Proposer applies for and receives a waiver from the City. The City, at its reasonable discretion, may grant a waiver extending the abovementioned schedule if the Successful Proposer demonstrates that: (1) it has actively and continuously pursued obtaining all required permits; and (2) the delay is a result of force majeure or a result of delays outside of the Successful Proposer's control. Notwithstanding the above, Proposals may put forward a phased development schedule wherein each indicated area of development shall become effective in phases. Phased development must be done in sixty (60) months with all building permits for the last phase in place no later than forty-eight (48) months from the Effective Date of the Lease. The City, at its discretion, may grant an extension for building permits under the following circumstances: (a) if the Successful Proposer demonstrates that in good faith and acting with due diligence was unable to obtain the required permits; (b) subject to force majeure; or as otherwise permitted by law. All development will comply with the building permit provisions of Section 29-B of the City Charter, as amended. If modifications are proposed, the Successful Proposer shall submit a full set of plans to apply for applicable building permits and any other applicable approvals within one hundred eighty (180) calendar days of the Lease Effective Date, and construction must be complete within one year of the permit approval date. The City will use its best efforts to provide alternative locations which are reasonably contiguous for the operation of the facility during renovation or redevelopment of other Project components. 15. Insurance and Indemnification Prior to execution of the Lease, the Successful Proposer shall be required to provide certificates of insurance to the City providing insurance during construction, maintenance, and management of the Project, as may be approved by the Director of the City's Risk Department, and as specified in the Lease. The City shall retain the right to amend and add to the required policies and coverages to ensure adequate coverage for the proposed Project and corresponding Lease, as required by the RFP and/or the Lease and as otherwise determined in the sole discretion of the City. The Successful Proposer shall also indemnify, save, hold harmless, and defend (at its own cost and expenses) the City, its officials, officers, 27 THIS DOUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. employees, agencies and instrumentalities for all actions, claims, causes of action, liabilities, damages and liabilities arising or accruing by virtue of the approval, leasehold, construction, development, redevelopment, uses, activities, actions or omissions of the Proposer, its agents, servants, representatives, consultants, and contractors relative to the proposed Project and corresponding Lease, as determined by the City Manager, the City Attorney, and the City's Director of Risk Department to the extent required to realize this requirement. The Indemnity/Hold Harmless/Duty to Defend contained in the Lease furnished by the City will not be a negotiable item and shall survive the cancellation or expiration of the Lease, as applicable. 16. Payment and Performance Bond Prior to the commencement of any construction on the Property, the Successful Proposer shall be required to provide a Payment and Performance Bond satisfying the requirements set forth by the City as well as those set forth by Section 255.05 of the Florida Statutes. The Payment and Performance Bond will be posted in an amount representing at least one hundred (100%) percent of the sum of the construction cost of the improvements. Construction costs for purposes of this Section shall mean the total cost of the Project to the Proposer as designed or specified by the architect or design/build firm including at current market rates a reasonably customary allowance for overhead and profit, the cost of labor and material, and any equipment designed, specified, selected or specially provided for by the architect/engineer or designibuild firm, but not compensation to the architect/engineer or design consultants, or the costs of acquiring rights-of-way or easements or the like. 17. Proposal Security Proposers shall be required to submit with their proposals a Proposal Security equal to Twenty -Five Thousand Dollars ($25,000) by check, or otherwise provide proof the same has been submitted into an escrow account. The Proposal Security shall be subject to the terms specified in Section II.F. 18. Earnest Money Deposit Upon execution of the Lease, the Successful Proposer shall provide Seven Million Dollars ($7,000,000) by an irrevocable/unconditional cashier's check, drawn on a financial institution authorized to do business in Florida (or may do the same by wire transfer or similar means), or shall provide proof the above-mentioned amount has been deposited into a restricted escrow account. Upon commencement of construction, the Successful Proposer shall be allowed to withdraw from that fund in order to pay for the costs of construction. 19. Taxes The Successful Proposer will not be responsible for any ad -valorem taxes, sales and use taxes, or any other levies, governmental impositions, surcharges, taxes or assessments associated with the Property that are due or may be owed prior to the Lease Effective Date. The Successful Proposer will, however, be responsible for all taxes that are incurred commencing on and after the Lease Effective Date. 20. Impact Fees The Successful Proposer must pay for all impact fees related to all improvements to the Property. Impact fees by Code requirement must be paid prior to issuance of a building permit. For more information, see Chapter 13 of the City Code. WM THIS DOUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 21. City's Real Estate Development Advisor/Broker The City has engaged the services of CBRE, a real estate development advisoribroker for this assignment. CBRE shall represent the City in all negotiations and the fiduciary responsibilities of CBRE exist only to and on behalf of the City. CBRE shall be entitled to a commission fee ("Commission Fee"), which shall be subject to State of Florida Contract DMS -12/13-007, as approved and adopted by the City of Miami Commission, and the provisions of the City Charter and Code. Upon execution of the Lease, the Successful Proposer shall pay the City an amount equal to the Commission Fee, which shall be determined on a cumulative and compounded basis and shall not exceed One Million Four Hundred and Seventy Five Thousand Dollars ($1,475,000). 22. Pre -Proposal Submission Conference & Site Visit The City may conduct one or more Pre -Proposal Submission Conferences and site visits on dates and times that are yet to be determined. In the event of such conference, notice of the date, time, and location shall be posted on the following website: www.virginiakeymarinarfp.com, and sent to Registered Proposers via email. Attendance at any Pre -Proposal Submission Conference and Site Visit shall be optional; however, prospective Proposers are strongly advised to attend. B. THE PROPERTY The information in this RFP is believed to be correct, but is not warranted in any manner. Proposers should independently verify factual items they deem relevant prior to response submittal. 1. Parcel Size and Components The Property is located in Virginia Key and includes approximately 26.65 acres of land, including approximately 17 acres of which are submerged lands. Visible landmarks include, to the northwest, Rusty Pelican Restaurant and to the southeast, Miami Marine Stadium. Additionally, the site offers views of the City of Miami skyline. The following addresses and folio numbers pertain to the Property: 3301 Rickenbacker Causeway Folio 01-4217-000-0020; 3605 Rickenbacker Causeway Folio 01-4218-000-0010; 3501 Rickenbacker Causeway Folio 01-4217-000-0110 (NW Parcel); 3311 Rickenbacker Causeway Folio 01-4218-000-0030; No Address Folio 01-4218-000-0031; and 3511 Rickenbacker Causeway Folio 01-4217-000-0030 (NW Parcel); 2. Existing Conditions The Property is located in Biscayne Bay designated as an Aquatic Preserve. The Project shall conform to the prescribed requirements of environmental regulations governing the Biscayne Bay Aquatic Preserves. All operations of the Project shall also conform to existing environmental regulations and permitting requirements. The Property, and its improvements, if applicable, are offered "AS IS, WHERE IS." NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ARE MADE AS TO ITS CONDITION, STATE OR CHARACTERISTICS BY THE CITY, INCLUDING BUT NOT LIMITED TO ANY ENVIRONMENTAL CONDITIONS. EXPRESS WARRANTIES, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR 29 THIS DOUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. PURPOSE OR USE AND HABITABILITY ARE HEREBY DISCLAIMED. Testing, audits, appraisals, inspections, etc., desired or necessary to prepare an RFP response shall be at the sole cost and expense of the Proposers. 3. Environmental The City has conducted a Phase I and Phase II Environmental Site Assessment, attached hereto as Exhibit "E". Nevertheless, Proposers may also perform their own "due diligence" inspections, including environmental site assessments, sampling and testing of the soils, sediments and groundwater, subject to such conditions and limitations as the City Manager may impose, including without limitation, requirements for supervision by the City, indemnification of the City, disposition of reports and execution of any legal documents, as the City Attorney may require. Testing, audits, appraisals, inspections, or other non-invasive studies that are necessary or desired to submit a proposal, shall be conducted at the sole expense of the Proposer, and only with prior written approval by the City. The Successful Proposer shall remove or remediate any hazardous materials that are required by law to be removed or remediated for the Project. Additionally, all marine mitigation, or other mitigation efforts required by the applicable agencies, shall be at the sole cost and expense of the Successful Proposer. Additionally, the Successful Proposers shall consider the potential impact of sea level rise while preparing development plans in order to ensure increased resilience to the rising sea levels and proper maintenance of the Property and Project. 4. Utilities Water, sanitary sewer, electric and telephone utilities are currently available on the Property. Proposers may obtain detailed plans showing underground utility installations from the City's Public Works Department, 444 SW 2nd Avenue, 8th Floor, Miami, Florida 33130. For additional information, please contact the respective utilities. The Successful Proposer shall bear the sole financial responsibility for all connection fees, design, construction, and installation costs and of any costs associated with compliance with any County or City moratorium requirements that may be in force. The City will assist in this process by providing the necessary utility and/or facility easements as lawfully appropriate. In the event the Successful Proposer wishes to relocate the existing utilities, it shall do so at its sole cost and expense. 5. Zoning The Property is zoned as CS Civic Space Zone. For more information, please review the Miami 21 Zoning Code, CS Civic Space Zone Reference Manual, attached hereto as Exhibit "B". Proposers are responsible for verifying all information concerning planning and zoning requirements with the applicable agencies and departments. Any details provided herein regarding the zoning process is for convenience only and Proposers should not rely upon them without independently verifying the same. For the purposes of this RFP, the City encourages the most innovative and most competitive proposal that utilizes best practices and complies with the Miami 21 Zoning Code CS designation,) and which are consistent with the principles stated in the Virginia Key Master Plan. Proposers should not consider zoning approvals as permit approvals, the latter of which Proposer must obtain separately for each aspect of the Project. Whenever possible, the City 30 THIS DOUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. agrees to assist the Successful Proposer with its permitting process, providing that municipal permit fees will not be waived or reduced. No Special Area Plan shall be allowed for this Project. Additionally, no hotels or other residential components shall be permitted. The Project shall not include any use or services not in compliance with the Miami 21 Zoning Code CS designation or any of the following large-scale commercial for -hire services: (1) boat painting; (2) transmission repairs; or (3) dry dock repairs. Small-scale and non-commercial boat painting, transmission repairs, and dry dock repairs are acceptable. Furthermore, the Project should consider and incorporate Miami 21 principles for public waterfronts and public benefits for public spaces to the extent feasible. Additional information may be found at the following links: http://www.miami2l.org/final_ code_May2016.asp http://www.miami2l.org/PublicBenefits JuMp.asp http://www.miami2l.org/PublicBenefits ParksPublicSpace.asp http://www.miami2l.org/PDFs/Appendix/Miami_21 Appendix_B.pdf 6. Flood Zone A preliminary review of the Property shows that the entire Property is classified as falling within Coastal A Zone, under Flood Zone AE. All structures constructed at the Property must conform to the appropriate Flood Zone requirements. Some preliminary estimates of flood risk are included in the Coastal Risk Consulting 2016 King Tide Report included herein as Exhibit H. As previously noted, the information in this RFP is not warranted in any manner and Proposers should independently verify factual items they deem relevant prior to response submittal. C. SELECTION PROCESS AND CONTRACTA WARD Administrative Review City staff will conduct an initial administrative review of the proposals received for completeness and compliance with all content requirements set forth in the solicitation ("Administrative Review"). Administrative Review may include a financial or technical analysis of the Proposals prepared or procured by the City or its agents. During this Administrative Review, City staff may contact Proposers to cure non -material, non - substantive defects in any Proposals or to clarify unclear portions of the Proposal. If notified of deficiency or request for clarification, the Proposer shall provide a written response, which must be received within five (5) business days of notification or such other time designated by the Project Manager. 2. Evaluation Criteria Proposers shall be evaluated based on the following criteria ("Evaluation Criteria"): Overall Experience and Qualifications 25 Relevant business and Project team experience in similar projects 10 Operational history reflective of capacity to meet Project goals 10 Availability of financialibusiness references 5 Financials and Proposed Revenues 25 Financial return to the City, including Base Rent and Participation Rent 10 31 THIS DOUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Financial capability 10 Reasonableness of Revenue Forecasts 5 Design & Operational Plan 25 Improved efficiencies of marina operation and site utilization 10 Aesthetics & functionality of proposed improvements 5 Effective use of site during construction/redevelopment 5 Consistency with the Virginia Key Master Plan principles 5 Resiliency & Environmental Considerations 15 Long term resiliency of the Project 5 Commitment to protection of environmental assets and history of environmental stewardship 5 Incorporation of "green" design and natural/native elements 5 Public Benefits and Local Participation 10 Benefits received by the Public 5 Participation of firms and contractors that maintain a local office 5 Based upon the Evaluation Criteria provided above, as more specifically defined in the attached Detailed Evaluation Matrix included herein as Appendix 11, the selection committee ("Committee") will evaluate, assign points, and rank proposals in accordance with the requirements of the RFP using the scoring guidelines provided by the City. The Committee shall review the Evaluation Criteria, Detailed Evaluation Matrix, and the Project Goals specified in this RFP, and rank each Proposal as to each category listed above. The Committee may further define each of the categories/criteria stated above so long as consistent with the information in this RFP. Each proposal will be reviewed to determine if the proposal is responsive to the submission requirements outlined herein. Proposals that deviate from the City's "Must", "Shall" or "Mandatory" requirements may be found non-responsive without further evaluation. The Committee members shall be appointed by the City Manager, who reserves the right to appoint voting members as well as alternates. No less than five (5) and no more than seven (7) Committee members will be appointed. The City Manager shall, where practicable, select members as follows: 1) one member who is an expert in the management of a marina but not a City employee; 2) one member from the Virginia Key Advisory Board; 3) one member from the City's Procurement Department; 4) one member who is an environmental expert; and 5) one member from the City's Planning and Zoning Department. Any other member(s) appointed by the City Manager shall be a person(s) with relevant background and expertise for this Project. Upon the City Manager's appointment of the Committee members, the list of members shall be publicly posted. The City Manager will use best efforts to publish the list of Committee members within 30 days of RFP publication. Any substantial issues or concerns with appointed members must be submitted in writing to the City Manager with a copy to the Project Manager within five (5) days of such posting. Any reappointments or substitutions shall be publicly posted. Submittal of a Proposal shall be confirmation of each Proposer's 32 THIS DOUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. acknowledgement that the Committee members are free of conflict or bias, and acceptance of the appointment of these Committee members. In order to eliminate skewing of the final scores, the highest and the lowest total score submitted by each Committee member for each Proposer shall be uniformly eliminated. Thereafter, the remaining values will be averaged to provide a final score for each Proposer. 3. Negotiations Negotiations will take into consideration terms most beneficial to the City (from a monetary, technical, and managerial standpoint) until an agreement acceptable to the City is agreed upon. The City reserves the right to request from the Proposers: written clarifications; non- material revisions to proposals, if deemed necessary by the City; and any supplemental information, such as additional references, deemed necessary for proper evaluation of proposals. 4. Oral Presentations The Proposers shall be required to provide oral presentations. All Proposers will be afforded the same time limits for presentations and responses to questions, so as not to place one Proposer at an advantage over any other Proposer. 5. Selection Committee Recommendation The Committee will make its final ranking and recommendation to the City Manager, based on: (1) the findings of the Administrative Review (including, as applicable, any financial or technical analysis by the City or its agents); (2) the evaluation criteria as defined in the RFP and appendices; and (3) applicable laws and regulations. Such recommendation is subject to compliance with the applicable provisions of the City Charter and Code. 6. City Manager If the City Manager accepts the Committee's recommendation, a final contract will be negotiated and the final recommendation of award, approved by the City Manager, will be presented to the City Commission for their review and approval. The City Manager or his/her designee reserves the right to (1) approve the Committee's recommendation, (2) reject the Committee's recommendation, (3) reject the Committee's recommendation and instruct the Committee to re-evaluate and make further recommendations, or (4) recommend to the City Commission that they reject any and/or all proposals. 7. 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. 8. Estimated Timetable The timetable for the RFP selection process is summarized below. Note that these are tentative dates and are subject to change at any time by the City. 33 THIS DOUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Anticipated RFP Schedule Dates Issuance of Solicitation February 17, 2017 Optional Pre -Proposal Submission Conference and Site Visit March 16, 2017 Deadline for Questions April 10, 2017 Proposal Submission Deadline May 18, 2017 Adoption of Legislation Authorizing and Directing the City Manager to Execute a Lease subject to Referendum approval TBD Referendum TBD D. LEASE The City requires that a Lease agreement ("Lease"), in substantially the attached form as in Exhibit "C" herewith, be executed upon approval of the Successful Proposer (or "Lessee") by the City Commission. The terms and conditions within the Lease will capture the use of the Property according to the parameters of the proposal and this RFP. Please note that the form lease included as Exhibit "C" is a draft that will be revised to reflect all of the requirements specified in this RFP as finally negotiated between the parties, subject to review and approval by the Office of the City Attorney. Where the terms of the form Lease included as Exhibit "C" are in conflict with the terms contained in this RFP, the terms of this RFP shall govern. The City will not consider a sale of any part of the Property. The Successful Proposer shall have no vested rights, nor any title or interest in the property or in the development proposed thereon until a Lease is fully executed, and then only in the manner stipulated therein. The Lease shall not confer on, or vest in, the Lessee any title, interest, or estate in the Property other than a leasehold interest. The Lease will be furnished by, and always under the possession, custody, and control of the City; however, the actual terms of the Lease shall be negotiated between the Successful Proposer and City staff, subject to final approval by the City Commission. Once the parties agree to the terms of the Lease, the executed Lease shall comply with this RFP. Certain clauses of the Lease shall be deemed nonnegotiable, including, but not limited to, term, revocation, insurance, indemnification, taxes and impositions, public records, compliance with RFP requirements, etc. Notwithstanding the above, Proposers may request additional terms within the aforementioned nonnegotiable clauses so long as they are consistent with the solicitation. Revisions to non- negotiable terms shall be disregarded. The City may make additional changes to the Lease prior to execution to ensure consistency with the terms of this RFP, subject to review and approval by the City Attorney. The Lease may be assigned or transferred to a third unrelated party during the lease term, subject to and at the discretion of the City, which shall not be unreasonably withheld conditioned or delayed. Such transfer or assignment may be subject to financial and operational ability of the transferee, including that the proposed transferee shall not be deemed non -responsible for the criteria specified above in Section ILG., shall comply with the various requirements specified in this RFP, and at no time shall be allowed without the consent of the City. Any such assignment or transfer prior to the fifth (5th) anniversary of the Lease Effective Date, shall require a payment to the City equal to four percent (4%) of gross proceeds from the transfer; at any time after the fifth (5th) year, a five percent (5%) payment of the gross proceeds will be due to the City upon transfer ("Transfer Fee"). The above-mentioned Transfer Fee will apply even if the transfer or assignment is to a related, subsidiary, or affiliated entity, except for those transfers made for estate or tax planning purposes or those transfers required by a lender, and for which no proceeds will be realized upon transfer, as evidenced by documents submitted to the City. Note: All 34 THIS DOUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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 III.A.14. Such default entitles the City to claim the Deposit and the Successful Proposer's leasehold interest shall revert to the City, at the City's discretion. Further, the Lease shall provide that the City will be provided with all correspondence and material associated with the permitting process on a regular basis, including any studies and reports produced for the Project. E. BACKGROUND CHECK/DISQUALIFICATION The City will perform, or cause to be performed, a complete background check and investigation (including obtaining credit reports) of the proposing entity and its principals. Proposers shall be required to submit a non-refundable fee in the amount of Five Thousand Dollars ($5,000.00) in the form of a cashier's check or money order to cover payment of a background check and credit reports along with their RFP proposal submission ("Background Check Fee"). This shall be used to determine whether there is any information that could deem the Proposer non-responsive or non -responsible per Section II.G. In the event the cost of conducting the background and credit check exceeds Five Thousand Dollars ($5,000.00), Proposers shall be required to compensate the City for amounts paid within ten (10) days' notice from the City. Proposers must submit forms providing the City with Proposer's consent to conduct background screening on the Proposer and all Proposer's principals using the form provided in Appendix 9 along with their proposal submission. For the purposes of this solicitation, a principal shall be defined as any person, individual or entity having any ownership or major operational role in the Proposer's Project. Proposers that include as part of their team foreign nationals or foreign entities must fully comply with all of the requirements of the Patriot Act. Those Proposers who do not comply may be disqualified from further consideration in this RFP process. Once the Proposer has submitted the Registration Form (Appendix 2) together with the Registration Fee, the Proposer may provide the City with the background and credit check Consent Forms (Appendix 9) together with the Background Check Fee prior to the proposal submission deadline in order to obtain preliminary review of the proposing entity's responsibility. Upon receipt of the requested documents and fees, the City will review and provide its preliminary determination within two (2) to three (3) weeks, subject to reasonable delays. Preliminary determinations of responsibility shall be provided by way of public posting on the RFP website located at www.virginiakeymarinarfb.com. Please note that any responsibility determination provided to Proposers is preliminary based on the information provided by Proposer, and may be changed in the event additional information is revealed at a later date. The City reserves the right to deem a Proposer non -responsible for any of the criteria specified in II.G. 35 THIS DOUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. IV. TECHNICAL SPECIFICATIONS A. MINIMUM PROPOSAL REQUIREMENTS & FORMAT PLEASE NOTE: THE SUCCESSFUL PROPOSER SHALL DEVELOP THE PROJECT PROPOSAL IN A MANNER THAT CONSIDERS AND COMPLIES WITH ALL OF THE REQUIREMENTS SPECIFIED THROUGHOUT THIS RFP. Proposers shall be required to submit a Proposal that includes all of the minimum proposal requirements specified below at the date of Proposal submission. Proposals shall be deemed responsive if they meet and provide the minimum proposal requirements below ("Minimum Proposal Requirements). Additionally, the City may issue requests for clarification or may request additional information from the Proposers. Proposers shall submit responses in a bound format with tab dividers separating each section. A minimum font size of 10 point, 1 inch margins, and single spacing shall be utilized on all text documents submitted. There shall be submitted one (1) original, eighteen (18) bound copies with tabs, one (1) unbound copy without tabs for possible duplicating needs and one (1) electronic copy submitted on CD, DVD, or Flash Drive. All required drawings shall be submitted in the scale herein specified. The Proposer must submit copies of all required drawings reduced proportionately to an 11" x 17" format. The reduced drawings shall also be submitted electronically and may be used on the City's website to inform the community about the proposals. No boards shall be accepted as part of the Proposal submission, but may be used at a later date for presentation purposes. Proposers shall utilize the following outline to prepare their proposals, adding tabs and sub -tabs as needed. 1. COVER PAGE The cover page shall include the Proposer's name; Contact Person; Firm's Liaison for the Contract; Primary Office Location; Local Business Address, if applicable; Phone and Fax Numbers, as applicable; Email addresses; RFP title and RFP number. 2. TABLE OF CONTENTS Table listing, in sequential order, the location of all contents, including required response forms, charts, illustrations, and additional enclosures. All pages of the Proposal, including enclosures, shall be clearly and consecutively numbered, consistent with the Table of Contents. 3. EXECUTIVE SUMMARY Summarize the proposal providing an overview of the proposal submission. 4. VISION, GOALS, AND OBJECTIVES OF PROPOSED PROJECT Summarize the vision, goals, and objective of the proposed Project. 5. COMMUNITY BENEFITS Summarize the range and quality of any programs to be offered as a benefit to the local community, including the number of potential jobs to be created and the considerations made to protect the environment. 6. REDEVELOPMENT SCHEDULE Proposers shall include renovation/redevelopment schedules for the leasehold improvements which take into account the commencement dates required by the City and delineates the 36 THIS DOUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. renovation or redevelopment of each component. The Proposal shall include a narrative accompanied by a graphic timeline or schedule detailing all phases of the development including developer due diligence, planning and design, permitting, construction, and operations. The schedule must include an explanation of how the phasing of the Project was determined and a projection of the Project completion time required following the development team receiving control of the site. 7. PROJECT PLAN The Project plan shall consider all of the principles, guidelines, and requirements specified in this RFP, as well as the principles stated in the Virginia Key Master Plan. A team of specialized, registered design professionals shall prepare the Project plan. Additionally, please note that any material changes to the original Project plan made after Miami City Commission approval of the lease and development agreement shall be subject to input from the Virginia Key Advisory Board and final approval from the Miami City Commission. The Project plan shall include: (a) Narrative Description of the proposed Project plan: Proposer must include a detailed development plan for the marina and boatyard, restaurant, ship's store and all other components of the Project. Proposers must also specify how they plan to manage the site and maximize revenue through optimized slip management, restaurant patronage, and all other revenue -generating facilities on the Property. Additionally, Proposers must identify how they plan to accomplish the various components required by this RFP, taking into account the various Evaluation Criteria specified in Section IILC.2. (b) Site Program Analysis, including: • Overall site development including improvements, and surrounding modifications to the Property. • Number and use(s) of building(s), and respective square footages (both gross and rentable). • Number, type, size, construction and description of proposed operations by category. • Number of wet and dry slips (including total linear feet of each type specified). • Architectural features. • Permitting and environmental issues. • Features incorporated in light of environmental concerns, including protections for adjacent critical habitats and sea level rise. • Parking solutions or agreements. • Traffic Plan. • Sewage Plan. • Pollution Control Plan. • Storm Water Management and Hurricane Plan. (c) Conceptual renderings of overall site as well as from within the Project, illustrating: • Context. • Building Height. • Architectural Features. • Signage. 37 THIS DOUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. (d) Proposed Project Site Plan The Site Plan should illustrate the relationship and connectivity of the proposed Project to adjacent roadways, residential or commercial neighborhoods, Virginia Key, and the general area. The Site Plan should also identify the location of all the following: • Land/Space Uses. • Building Location. • Pedestrian Access. • Parking areas. • Landscaping. • Lighting. (e) Wet Slip Configuration: Proposer shall also include a conceptual configuration of the wet slips within the marina, identifying the length of each slip. (f) Construction Plan: Proposer shall construct and operate the Project at the Proposer's own risk without benefit of financial guarantees from the City. Nevertheless, the City has an obligation to its residents to ensure that the Project is completed, or failing that, that the Project not be abandoned after commencement. Accordingly, the Proposer shall describe the terms and conditions it proposes to ensure construction and operation of the Project. 8. OPERATIONAL PLAN The Proposer shall provide a brief narrative on the Proposer's plans for the management and operation of the proposed Project during the Lease Term, including as applicable, a description of services to be provided, number and type of employees to be hired, hours of operation, etc. 9. MARKET ANALYSIS AND ECONOMIC FEASIBILITY Proposals shall include the following information, providing an understanding of their likely market and economic feasibility: ■ A market analysis sufficient to establish the market support for this type of facility and other proposed uses, based upon analysis of demand generators, competitive supply, market pricing, competitive position, and anticipated market share/capture. ■ A projected development schedule. ■ An analysis of projected revenues and operating expenses broken out for each major component covering at a minimum the first fifteen (15) years of operation. ■ A written statement indicating the total dollar amount to be spent on permanent physical improvements to the Property, if any, including building improvements, site improvements and equipment purchases associated with the Project, as well as that required for all start-up costs and initial operating expenses. The development/renovation cost estimates shall be itemized to include significant line items within the major categories of hard, soft (including pre -development fees), and financing costs, and allocated by Project component, building and phase, as applicable. 10. FINANCIAL FEASIBILITY Proposals shall include a detailed financial feasibility and cash flow analysis. The financial feasibility of the Project shall be presented in a fashion to enable a clear understanding of the financial inflows and outflows of the projected revenues and any other financial returns over a IN THIS DOUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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. Proposers must include a fifteen (15) year pro -forma in excel spreadsheet format including formulas. The pro -forma should include individual line items that support all proposed/projected revenues and expenses, inclusive of line items for gross slip revenue, gross marina operation revenue other than slip revenue, gross ship store revenue, gross fuel revenue, gross revenue from any other proposed income streams, individual line items associated for each of the corresponding percentage revenue calculations that apply to these revenue sources and are to be paid to the City, and all expenses. Please note that, for the pro -forma and other financial projections required by this RFP, NPV shall be discounted at five percent (5%). Gross revenue shall be defined as the total of all revenues, rents, income and receipts, received by Proposer from any person whomsoever (less any refunds) of every kind derived directly or indirectly from operation of the Property, including without limitation, income from both cash and credit transactions. 11. FINANCIAL PLAN a) Financing Plan Proposals shall include a description of the total estimated cost of construction and corresponding financing plan for the Project, including a description and estimate of all sources of construction and permanent debt and equity funds to be used in the Project. Estimated total construction costs should not be materially different than proposed unless as a result of unknown on-site conditions that are not readily observable or discoverable. Proposers shall ensure that target returns and other financing considerations are presented. The City reserves the right to further evaluate and/or reject financing commitments when the term, the identity of the financing source or other aspect of such financing is deemed not in the best interest of the City or the Project. b) Infrastructure Cost Estimate Proposers shall prepare and submit estimates of the initial infrastructure costs of the Project. The estimates shall be complete in that no cost elements are excluded, realistic in that quantities and prices used in developing the estimate reflect actual market level or best estimates of future price levels and credible in that the estimating methodology used is consistent with applicable industry standards and practices. For the purposes of this requirement, "infrastructure costs" shall mean all costs associated with roads, utilities such as water, sewer and electricity. c) On -Going Capital Infrastructure Costs This section shall include all elements or components of the capital assets that require future expenditures beyond normal maintenance, or replacement at the end of their economic life that are expected to occur within the Lease Term, including for example all costs associated with ensuring resiliency of the various components of the Project. Please note the preference to incorporate a resilient design with considerations made for sea level rise in order to provide structures with a longer anticipated economic life. Along with each element of on-going capital costs, Proposers shall estimate the corresponding contingency allowance with the estimate for each cost element. The Successful Proposer shall be required to contribute one percent (1%) of gross revenues to a Capital Infrastructure Escrow Account (per defined escrow requirements) to fund on-going capital infrastructures 39 THIS DOUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. costs. d) Operation and Maintenance Proposers shall describe in detail all sources of operations and maintenance funds for the Project. No government: funds, subsidies, credit enhancements, loans, loans guarantees, or other governmentally sponsored financial mechanism shall be proposed for the operation or maintenance of the Project. 2. FINAL RETURN TO THE CITY The Proposer shall provide a base rent to the City equal to or greater than Two Million One Hundred and Fifty Thousand Dollars ($2,150,000) annually, PLUS percentage rent equal to or greater than six percent (6%) of wet slip and dry storage operations, six percent (6%) of fuel sales, and four percent (4%) sublease income or other income received by Proposer from the use of the Property and periodic escalators. The City expects fair market value to be achieved from the escalating minimum guaranteed base rent, with percentage of gross revenues and any additional proposed rents providing the City with a share of the Project's financial upside. Proposals shall detail other financial benefits to the City such as estimated property taxes, and other non-financial benefits such as new jobs created. Please also note additional details regarding rent specified in Section IILA. 3. EXPERIENCE AND QUALIFICATIONS The Proposer shall provide details on the proven record of accomplishment, qualifications and experience of the key persons involved in the management and operations of the proposed business ("Business Team") and the key persons to be involved in the remodeling, renovation or build -out of any proposed improvements ("Development Team"). Proposers are required to assemble the requisite expertise, experience, financial and management capability to meet the below -mentioned threshold qualifications. As such, where applicable, these qualification requirements shall be applied to the Proposer's team as a whole, in a manner that is commensurate with each members' allocation of responsibility. The City has identified the following factors that shall serve as threshold qualifications for this RFP process. The Proposer must meet the threshold qualifications outlined below in Subsections a) through c), and include as evidence of its qualifications the information required by Subsections d) through h): a) Experience: ■ At the time of submission, Proposer and/or its principals shall possess and have experience directly managing and/or operating a project of this scope and size within the last fifteen (15) years; OR ■ Proposer and/or its principals shall possess and have a minimum of any five (5) years of experience directly involved in the ownership and day-to-day operation of a project of this scope and size within the last ten (10) years. b) At the time of submission, Proposer and/or its principals, must have played a leading role or must have had principal responsibility or other demonstrated experience in the successful design, remodeling, renovation and build -out of a project(s) of similar size and complexity as the Project and uses proposed. c) Proposer and/or its principals must have had experience with the successful financing of at least one (1) project of similar size or greater. M THIS DOUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. d) Proposer must provide resumes as well as a summary of the credentials and experience of the persons to be used to qualify the Proposer for this RFP, including each of the Proposer's principals as well as each member of the Proposer's Business Team and Development Team. e) Proposers must provide sufficient funds to conduct a background check as required by Section III.E., and the Proposers must be deemed by the City to be both "responsive" and "responsible" pursuant to Section II.G. f) Proposers must provide contact information for three (3) business references for each principal, and at least one (1) financial reference, including contact names, company and/or project names and contact telephone numbers of individuals who can attest to the projects with which the individual has worked. g) Proposers shall also provide evidence of financial wherewithal or financing from a financial institution either on a reference letter or Letter of Commitment, either of which must be attached as part of Appendix 3, showing the Proposer's capacity to develop, maintain, and operate the proposed business operations. The financial reference letter or Letter of Commitment must be on the financial institution's letterhead stationery. h) Proposers must comply with the background check requirements in Section III.E. and submit executed consent forms for the Proposer and each principal on the applicable entity and individual consent forms attached hereto as Appendix 9. 4. PROPOSAL ATTACHMENTS (A) RFP Registration Form & Fee: Complete Registration Form attached hereto as Appendix 2 and pay the applicable fees associated with this RFP, including: (i) A non-refundable Registration Fee equal to One Hundred and Fifty Dollars ($150); (ii) A background check Fee equal to Five Thousand Dollars ($5,000); (iii) A Proposal Security equal to Twenty Five Thousand Dollars ($25,000); and (iv) Other fees shall be due after submission, on dates specified throughout this RFP a. Referendum Deposit — Due upon request after City Commission approval; b. Earnest Money Deposit — Due upon Lease execution; c. Parking Garage Contribution, as may be applicable — Due upon Lease execution; d. Commission Fee — Due upon Lease execution. (B) RFP Submission Form: Complete to its entirety the RFP Proposal Submission Form attached hereto as Appendix 3. Please note that a "responsible proposal" is one that has the capability in all respects to fully perform the requirements set forth in the proposal and the proposed Lease. A "responsive proposal" is one that conforms in all material respects to the Minimum Proposal Requirements of this RFP. Any missing information may result in the disqualification of the Proposal as non-responsive. (C) Business Team Qualifications: Complete the Business Team form included as Appendix 4. Resumes should be provided for all members of the Business Team. (D) Development Team Qualifications: Complete the Development Team form included as Appendix 5. Resumes should be provided for all members of the Development Team. 41 THIS DOUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. (E) Certifications: Complete the appropriate Certification of Authority attached in Composite Appendix 6. (F) Disclosure/Disclaimer: Complete the Proposer's Disclosure/Disclaimer attached hereto as Appendix 7. (G) Consent Forms: Complete the Consent Form attached hereto as Appendix 9. (H) Non -Collusion Affidavit: Complete the Non -Collusion Affidavit attached hereto as Appendix 10. (I) Proposer's Organizational History/Structure and Chart: In a narrative 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) Redlined Lease Agreement: Incorporate proposed revisions to the Form Lease Agreement provided as Exhibit C. (K) Additional Information: Proposer may provide any additional information to describe the Proposer's proposed Project or capability to implement the Project. B. DEADLINE FOR RECEIPT OF INFORMATION/ CLARIFICATION Pursuant to the Cone of Silence, any request for additional information or clarification must be received in writing no later than 2:00 p.m. on April 10, 2017. Interested individuals ("Proposers") may e-mail or fax their requests to the attention of, Jacqueline Lorenzo, Property Management Specialist ("Project Manager") at the City of Miami, Department of Real Estate and Asset Management at E-mail: jlorenzokmiamigov.com and Fax No.: (305) 400-5197. C. RECEIPT OF RESPONSES Provide one (1) original and eighteen (18) bound copies with tabs of the signed and dated proposal, one (1) unbound copy without tabs for possible duplication needs, as well as one (1) electronic copy submitted on CD-ROM or Flash Drive accompanied by the required documentation to the Office of the City Clerk, Attn: Todd B. Hannon, 3500 Pan American Drive, First Floor, Miami, Florida 33133 no later than 2:OOPM on May 18, 2017. Responses must be clearly marked and labeled on the outside of the envelope/package as "Virginia Key Marina RFP No. 16-17-011" Failure to submit a Response by the due date and time, and at the location specified above, shall result in automatic disqualification. 42 SUBSTITUTED THIS DOCUMENT IS A SUBSTITUTIO TO ORIGINAL. BACKUP ORIGINAL CITY OF MIAMI, FLORIDA CAN BE SEEN AT THE END OF ORIGIN/ DOCUMENT. INTER-OFFICE MEMORANDUM TO: Honorable Mayor and DATE: February 6, 2017 Members of the City Commission FROM: Daniel J. Alfonso City Manager SUBJECT: Substitution for RE February 9 Com ion Agenda REFERENCES: ENCLOSURES The Office of the City Manager respectfully requests that the February 9 Commission meeting agenda: Item RE.1 - Approva Please substitute the exhibit that is attached to the legislati C: Alberto Parjus, Assistant City Manager Daniel Rotenberg, Director of Real Estate and Anna M. Medina, Agenda Coordinator a �3qi_ ng item be substituted in the h the one that is enclosed herein. Management •L- 1 est Cn TO ORIGINAL. BACKUP ISUBSTITUTED CAN BE SEEN AT THE EON REQUEST FOR PROPOSALS (RFP NO. 16.17-011) Mull LEASE OF CITY -OWNED WATERFRONTIR0PERTY FOR MARINAS/RESTAURANT/SHIP'S SPORE USES LOCATED AT VIRGINIA KEY, MIAMI, FLORIPj RFP DistrihlAd By: CITY OF MIAMI DE RTMENT OF REAL ESTATE AND ASSET MANAGEMENT ISSUE DATE: FEBRUARY 17, 2017 PROPOSALS DUE DATE: MAY 18, 2017 NT. SUBSTITUTED THIS DOCUMENT IS A SUBSTITUT TO ORIGINAL. BACKUP ORIGINAff CAN BE SEEN AT THE END OF IS DOCUMENT. (fit } of l ialni February 17, 2017 Ladies and Gentlemen: The Department of Rea[ Estate and Asset Management ("D AM-) for the City of Miami ("City") does hereby issue the attached Request for Proposals P") for the development and [ease of prime waterfront property located in Virginia Key, Flor' The goal of this RFP is to create a vibrant recreational marina and restaurant destination witl i ancillary ship's store facility for City residents, guests, and visitors. Please review the detail ) the RFP below. As described herein, the vision of this RFPis elp implement major components of the Virginia Key Master Pian. The Successful Proposer ill be entering into a long-term lease with the City for approximately 26.65 acres (includinijqplands and submerged land) of waterfront property located at 3301, 3605,. 3541, 3311, & 35 Rickenbacker Causeway, Miami, Florida, and more specifically shown in the survey and legsAscription included as Exhibit A ("Property"). The City hereby requeststhat Pro ers submit a proposal package including all of the items required by this RFP. This RFP c sins information regarding the Property, submission requirements, and selection procedures irefully review all enclosed documents. Proposals must comply with all submission requirem • .. as well as all applicable legal and regulatory requirements in order to be eligible for considerat' . All information and materials submitted will be thoroughly analvzed and independently veri 1. Proposals must present a definitive and detailed build -out program, completion schedule. uncial plan, design, and proposal responding to all requirements of this RFP to form tl- basis evaluation and selection by the City. Proposals must h slivered to the Office ofthe Pity Clerk (First Fluor Counter), City Hall, 3500 Pan American e. Miami, Florida 33133, by 2:00 PM, on May 18, 2017. Late or incomplete proposal-- itl not be considered. A list of all Proposers will be made public the following day. Th 2ccessfuI proposal will be subject to the requirements of all applicable laws, including, but not n ited to, the laws of the State of Florida, Miaini-Dade County, and the Charter and Code of th ity. On Behalf of the City of Miami Mayor and Commissioners, I welcome responsive a esponsib[e proposals that will realize the full potential of this prime real estate location. Sinc 5niel J. Alfonso ity Manager 2 SUBSTITUTED THIS DOCUMENT IS A SUBST TO ORIGINAL. BACKUP ORIGI CAN BE SEEN AT THE END QI TABLE OF CONTENTS I. EXECUTIVE SUMMMARY II. GENERAL TERMS AND CONDITIONS 111. SPECIAL CONDITIONS A. PROPOSED PROJECT B. THE PROPERTY C. SELECTION PROCESS AND C ONTR4CT AWARD D. LEASE E. B4CKGROUNDCYIEC'KIDISQU,4LIFICATION IV. TECHNICAL SPECIFICATIONS A. PROPOSAL REQUIRFN[ENTS & FOR -flI T B. DEADLINE FOR RECEIPT OFINFORMA TION .LARIFICATION C. RECEIPT OF RESPONSE S EXHIBITS & A NDICES EXHIBIT A LEGAL DESCRIPTION & RVEY EXHIBIT B MIAMI 21 ZONING C : CS CIVIC SPACE EXHIBIT C DRAFT LEASE & D ELOPMENT AGREEMENT EXHIBIT D VIRGINIA KEY STER PLAN EXHIBIT E ENVIRONME AL SITE ASSESSMENTS EXHIBIT F VIRGINIA MARINA DEEDS EXHIBIT G COUNTY ARKING GARAGE. DEED EXHIBIT 11 CORS. RISK CONSULTING 2016 KING TIDE REPORT EXHIBIT I CB FEASIBILITY STUDY&. LAMBERT PEER REVIEW APPENDIX I P NO, 16-17-011 CHECKLIST APPENDIX 2 REGISTRATION 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 DISCLOSUREIDISCLAIMER FORM Al' DIX 8 INSURANCE REQUIREMENTS ENDIX 9 CONSENT FORMS APPENDIX 10 NON -COLLUSION AFFIDAVIT APPENDIX 1 1 DETAILED EVALUATION MATRIX N IS DOCUMENT. SUBSTITUTED THIS DOCUMENT ISASUB, TO ORIGINAL. BACKUP ORI CAN BE SEEN AT THE END, REQUEST FOR PROPOSALS VIRGINIA KEY MARINA (RFP No. 15-17-011) EXECUTIVE SUMMMARY N THIS DOCUMENT. Project: The City is seeking responsive proposals from qualified posers willing to plan, redesign, construct, renovate, redevelop, lease, mann nd operate a mixed-use waterfront facility including, but not limi ted ter, a nr a. boatyard, dock master's office, ship's store, dry storage, wet I ip dock - nd at least one restaurant ("Project"). Location: 3301,3605,3501,3311.&3511 Rickenbac Causeway, Miami, Florida, shown respectively as Parcels 1. 2, and 3 on the vey, included herein as Exhibit "A" (".Property"). Property Size: Approximately 26.65 acres, includi� iplaird and submerged land property. The submerged land /resentations d to be roximately 17 acres. Zoning: Development capro m for this site are regulated by the City of Miami Comprehensive Plan and the Miami 21 Zoning Code. The applicable zonin' is CS Civic Space Zone according to the Miami 21 Zoning Code. Condition of Property: The Property andvements are offered in "AS IS, WHERE IS" condition by the City. Notations or warranties whatsoever are made as to its condition, statecteristics. EXPRESSED WARRANTIES AND IMPLIED WAFRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR USE A . HABITABILITY ARE HEREBY DISCLAIMED. IMPLIED WARRA ES OF MERCHANTABILITY, SUITABILITY, AND/OR FITNES FOR A PARTICULAR PURPOSE ARE HEREBY DISC NIED. No representation whatsoever is made as to any environmental. surfa , subsurface, water or soil matter or condition. Taxes, Impositions.- If Proposer selected ("Successful Proposer") is responsible for all taxes, levies. vernmeiital impositions, surcharges and assessments due or assessed on the roperty. The Successful Proposer shall he 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 App al: 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 4 DOCUMENT IS A I SUBSTITUTED TOIORIGINAL. BACKUP UB GIINALION CAN BE SEEN AT /THEOF THIS DOCUMENT. fully cooperate in the state approval process, if applicable, as by City and/or the State. /Master Plan: The Miami City Commission has adapted an area -wide Ma Plan that sets forth a global development vision for Virginia Key ("Master P "). It is the intent of this RFP to encourage an integrally planned and desi d development for the Property that is both consistent with, and substantially lieres to, the Master Plan to the extent permitted by applicable law. Please not at adherence to the Master Plan does not require adherence to the pictorial d �gn provided therein. Rather, emphasis shall be made on substantial compliai with the principles adopted in the Master Plan. The Master Plan is included I in as Exhibit "D" Comprehensive Plan: The City has adapted, pursuant to the reqWnents of State and Local Laws, the Miami Comprehensive Neighborhood PI (`•MCNP"), as amended. The Future Land Use Map ("FLUM") of the MC classifies this Property as Public Parks and Recreation, Lease; The lease agreement included lie as Exhibit "C" ("Lease") shall be executed following the award of this RFP ertain provisions of the Lease small remain non- negotiable, including. but noelolild ited to, items specifically required by this RFP, as well as Indemiiificatio Harmless, Duty to defend, Insurance, and Guarantees. Lease Term- The Lease consists of t}rty-five (45) year initial term. with two (?) fifteen (15) year renewal terms. c total term, inclusive of both renewals, may not exceed a total of seventy-fiv 5) years ("Lease Term"). The Project shall be planned in a contiguous maul , although there may be a phased delivery of possession. The Lease Term sir commence upon execution of the Lease. Subsequent phases of the lease shah in concurrently with the initial phase. Rent Requirements, RFP resp -es shall include a minimum bast rent equal to or greater than Two Million rce Hundred and Fifty Thousand Dollars ($2,350,080) annually ("Base /applicable ommeneing can the forst anniversary of the Effective Date of the Lease ch anniversary thereafter during the initial Term, the per annum Base unt shall be adjusted to the greater of. an increase by one percent (I%) I vious year's Base Rent, or an increase based on the amount indicated by umer Price Index as of three (3) months prior to the beginning of [lie e adjustment date. In no event shall any such annual adjustment to the t result in an increase that is less than one percent (1%), or inure than ent (5%). of the Base Rent amount immediately prior to the effective date justment. 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°x'4) sublease income or other income received by Successful Proposer from the Project ("Participation Rent"). Additional rent may be applicable, as negotiated and specified in (lie Lease. ing Contribution: Successful Proposer shall contribute a tninitnum of three million four hundred and Fifty thousand ($3,454,000.00) dollars to the construction of an adjacent municipal parking garage. Actual contribution amount shall be based can the Parking NT IS A S SUBSTITUTED TOIORIG NALEBACKUP QRST ALION CAN BE SEEN AT THE EN F THIS DOCUMENT. Formula, as defined below. Alternative arrangements for parking e available., including the potential waiver of the above-mentioned parkii contribution, subject to additional restrictions specified below. Earnest Money Deposit. The Successful Proposer shall provide an irrevocable lln ditional Cashier`s Check, drawn on a financial institution authorized to dor-e siness ifi Florida (or may do the same by wire transfer or shall provide proof t low amount has been deposited into a restricted escrow account), pruvidin r even Million Dollars ($7,000,000), which shall be due upon execution of t ease. Letters ofcreditwiII not be accepted as a substitute security. Referendum Deposit: Section 3(0(iii) and 29-B of the Charter oft l City of Miarni requires that any lease that the City Commission approves pt cant to this RFP shall not be valid unless approved by /eo c vote through ferendum process ("Referendum"), currently scheduled ovember 7_ ? . The Successful Proposer shall pay a one hundred and tweive thousan cellars ($125,000.00) deposit ill order to place the lease termhe ballot ' approval ("Referendum Deposit") After receiving approval by Iliity Coy ssion, any unused portion of the Referendum Deposit, after deducll cos or the Referendum, shall be returned to the Successful Proposerthe nt additional funds are required to place the question on the ballot to count for increased costs of printing or other costs imposed), the Succesr oser shall be required to promptly pay the additional funds to the City wn (l0) days' written notice. Failure to do so will disqualify #h4 Propoorn further consideration_ Letters of credit will nut be accepted as a substilucurity. Wet & Dry Storage: The marina shall ide the most efficient and cost effective number and alae of dry storage rac nd wet slips in light of market conditions. The size and number of all wet sli shall be subject to all applicable laws, rules and regulations, including, b not limited to, permitting, aquatic preserve limitations, and other regulatory quirernents. No wet slips shall be allowed in the historically- designa marine basin, as further clarified below. Access Road: The cces:stid Proposer shall either. (1) preserve: and maintain the access road iii aced as Parcel 2 in the survey attached as Exhibit "A"; or (2) provide for and rtersrinative truct, subject to applicable permits and otlter regulatory approvals, an 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 p: 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 Nv: The Successful Proposer shall allow the National Marine Manufacturer's Association (- NlV1MA') 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 me THIS DOCUMENT IS A SUBST& TION SUBSTITUTED TO ORIGINAL. BACKUP ORI AL CAN BE SEEN AT THE END THIS DOCUMENT. with the Lease for as long as the Boat Show is held at Virginia lie -ven if thy; Boat Show is held elsewhere but later returns to Virginia Key dt the Lease Term. Registration Fee: Only those Proposers who have registered can participate. registration as an official Proposer prior to bid submittal, and to receive a plete RI=P package and RFP addenda as they are published, Proposers must mit a non-refundable fee of $150.00, in the form of a cashier's check, money der, or official certified batik check, payable to the "City ofMiami", delivere the Registration Contact specified below ("Registration Fee"). Proposer Entity: At the time of submission of the R/Flo' , e Proposer must be a business entity (i.e., Partnership, Limited Lpany, Corporation, etc.) already authorized to do business in the Stat. M iarni-Dade County and the City of Miami under the Proposer entitame. Any principalt;s) included in Appendix 3 ('*RFP Proposal Subrm") may not be substituted or withdrawwn from participation after sion hate unless the City Manager specifically authorizes in writing a rubstitution. Background Check: Each Proposer, including the pr pals thereof. and/or its assigns, shall be subject to a background and credit eek, which may be necessary to determine responsibility and responsiv ss to all items required by this RFP. Pre. -Proposal Conference and Site Visit: The City may conduct re -Proposal Submission Conference and Site Visit on a date and time that is to be determined. In the event of such Conference, notice of the date, tirne, d location shall be posted by Addendum and sent to all registered propos Registration Contact: Kimberly Bal s CBRE Pu Institutions ?04 East alas Blvd., Suite 1620 Fart La rdale, Florida 33301 T;{95 331-1719 E: k' ierlv.balkuseRcbrc.com Project Manager: gtseline Lorenzo ity of M iarni Real Estate and Asset Management 4l SW 2 `� Avenue, 3' Floor Miami, Florida 33130 T. 5305) 416-1426 E. jlcr�3�ziri i_nia[Tii��v.Lc7ii Proposal D ate and Loca is May 18, 2017, 2:00 P.M. Office of the City Clerk, City of Miami City Hall 3500 Pan American Drive, First Floor Counter Miami, FL 33133 S DOCUMENT IS A SUB,' SUBSTITUTED TOIORIGINAL. BACKUP ORI CAN BE SEEN AT THE ENOL Il. GENERAL TERMS AND CONDITIONS N THIS DOCUMENT. A. Definitions I. Bid/Proposal — shah refer to any offer(s) subm itted in r/e. this soli tion. 2. Bidder/ContractorlProposer— shall refer to anyone suPropo in response to this solicitation. 3. Bid Solicitation or Solicitation --shall mean this solicitae tion. including any and all addenda, 4. Solicitation Submittal Forms —must be completed artwit11 tl}e Proposal. 5. City �- shall refer to the City oFMiami, Florida G. QREAM —shall refer to City of Miar�ri Qepartment of and Asset Management. 7. Registered Vendor— shall refer to a firm that has sub;Hplete Registration Form. 8. Successful Bidder/Proposer— shall mean the Proposerriended for award. B. Instruction to Bidders 1. Bidder Qualification and Registration It is the policy of the City to encourage full and o competition antorig all available qualified venders. To be eligible for award of a cont t, Proposers must register by submitting a completed Registration Form and providing e of one hundred and fifty dollars ($150) in the form of cashier's Check, tttcaney order, or via] bank check, payable to the "City of 111iami 2. Public Entity Crimes To be eligible for award of a contract nis wishing to do business with the City must comply with Section 287.1 33(2)(a) of the Fl da Statutes, which provides that a person or affiliate who has been placed on the convicted ndor list following a conviction for a public entity crime may not submit a Proposal on ontract to provide any goods or services to a public entity, may not submit a Proposal on ontract with a public entity For the construction or repair of Public building or /clontwith may not submit Proposals on leases of real property to a public entity, may not br perform work as a contractor. supplier, subcontractor, or consultant under a any public entity, and may not transact business with any public entity in ethreshold amount provided in Section 287.017 of the Florida Statutes, for CATO, as defined by Section 287.017(2) ofthe Florida Statutes, for a period of thirty-shs from the date of being placed ort the convicted vendor list. 3. Request for A tional Information i. Con Silence. Pursuant to Section 18-74 of the City Code, all Bid Solicitations, on advertised and until an award recommendation has been forwarded to the a opriate authority, are under the "Cone of Silence". Any communication or quiries, 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. i' 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 terns, 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. l:. C SUBSTITUTED THIS DOCUMENT IS A SU TO ORIGINAL. BACKUP O CAN BE SEEN AT THE EN N F THIS DOCUMENT. 4. Bid Solicitation and Bidders' Responsibilities It is the responsibility of the Proposer to become thoroughly familiar with the d requirements, terms, and conditions ofthis Solicitation. Allegations or pleas of ignorant y the Proposer of conditions that exist or that may exist will not be accepted as a is for varying the requirements of the City, or the compensation to be paid by the Prop r. This Solicitation is subject to all legal requirements contained in the applicable Cit ' barter and Cit}' Code provisions, as well as all applicable County, State, and Federal Cit . rules, and regulations. it is the responsibility of the Proposer, prior t❑ conducting lobbying regarding this Solicitation to file the appropriate form with the City Clerk st g that a particular lobbyist is authorized to represent the Proposer. The Proposer shall also e a form with the City Clerk at the point in time at which a lobbyist is no longer authorize represent said Proposer. failure of a Proposer to file the appropriate form required, in tion to each Solicitation, may be considered as evidence that the Proposer is not a respo le contractor. 5. Change or Withdrawal of Bids L Changes; Prior to the scheduled Bid rec t and opening, a Proposer may change its Bid by submitting a new Bid. tither tha crivener's errors or other non -material errors that serve the City's best interest on revised, no changes to a Bid will be accepted after }aid closing„ iii. Withdrawals: A Bid shall be i •ocable unless the Bid is withdrawn as provided herein, A bid may be withdra within one hundred -eighty ( 1$0) days after the Bid Etas been received and opene nd prior to awvard. by submitting a letter to the Project Manager identified in this Solicitation, The withdrawal letter must be on company letterhead and signed b an authorized agent of the Proposer. Bids may not be withdrawn except as a essly provided in this section 11.13.5. 6. Conflicts within laid Solic' tion Provisions container) her- will be interpreted in a manner consistent with all other provisions. However, where thereists a conflict between the General Terms and Conditions, Special Conditions, the Tecl al Specifications, or any addendum issued, the order of precedence shall be: the last Jmsrn duissued, the Technical Specifications, the Special Conditions, and then the General and Conditions. Preparation of B` , 1. Registratio orm — Proposers are required to register in the manner indicated in the Registrati Fee section of the Executive Summary, in order to respond to solicitations issued by DR 4. 2. Solic' ion Submittal Forms -- the Bid Submission Form and all other required solicitation KI 5. doe ants define requirements of the. Solicitation, and must be completed and submitted as �7 fined with in the Solicitation. Use of another form may result in rejection of Proposer's offer. thori2ed Agent — An authorized agent of the Proposer's firm must sign the: Proposal ubmission Form and submit it together with the Bid. Conditions — The Proposer may be considered non-responsive if Bids are conditioned to modifications. changes, or revisions to the terms and conditions ofthis Solicitation. Additional/Alternate Bids — Proposers may submit an additional or alternate Bid(s) for the same Solicitation provided that such additional or alternate Bid is allowable under the terms and conditions specified in this RFP. The additional or alternate Bid must meet or exceed minimum requirements and must be submitted by separate submittal marked "Alternate Bid". 9 DOCUMENT IS A IF SUBSTITUTED TOIORIG NAL. BACKUP ORS ALIGN CAN BE SEEN AT THE ENUMF THIS DOCUMENT. All Bids submitted as Alternate Bids shall be considered separately and/indepciltly of each other. Failure to comply with the requirements of this RFP in any oditions[ or alternate bids shall be grounds for disqualification of such Alternate Bib. Priice Discrepancies — where there is a discrepancy between the prices in the Bid. the prices or amounts that would provide the greatest return to the City . D.Cancellation of Bid Solicitation The City reserves the right to cancel, in whole or in part, any Solicitation en it is in the hest interest of the City. The City shall have the sale and absolute discretion to deter tiwhich actions are in the best interest of the City. E. Award of Bid Solicitation f,. Generally— This Bid may be awarded to the responsible oposer meeting all requirements as set forth in the Solicitation. The City reserves the ri to reject any and all Bids, to waive irregularities or technicalities and to re -advertise for or any part of this Bid Solicitation as deemed in its best interest. The City shall be the s fudge of its best interest. 7. Unreasonable Offers — The City expressly rese s the right to reject any and all Bids if it is determined that prices are insufficient, best o s are determined to be unreasonable, or it is otherwise determined to be in the City's bes crest to do so, 3. Negotiations — The City reserves the righ negotiate price with the Proposer providing the best financial return to the City, provided at the SoIicitation's scope of work and/or iii inirnum requirements, inc lading rent, remain- a same or revised for the City's benefit (such as increased rent). 4. Qualified Bidders — Award of t Bid Solicitation will only be made to firms that have completed the registration Fort nd satisfy all necessary legal requirements to do business with the Citv. S. Contractor Responsibility Pursuant to City Code Section 18-120, the Proposer's performance as a prime c actor or subcontractor (as may be applicable) on previous City contracts shall be taken i account in evaluating the Sid received for this Bid Solicitation. 6, Award Information o obtain a copy of the Bid tabulation, upon notice of Award 'recommendation_ P user(s) may request bid tabulations or other award information by contacting the Pro' Manager outlined within the Solicitation. 7, Contract — The d Solicitation, any addenda thereto, the subsequent agreement(s), and any properly execu modifications shall constitute the resultant contract. 8. Required ❑ mentation ` Award of this Bid may be predicated on compliance with and submittal It required documents as stipulated in the Solicitation. 9. Request r Additional information — The City reserves the right to request and evaluate additio information from Proposers ager the submission deadline as the City deems nese rv. F. Bid d/Bid Security A cash s or certified check, or a bond signed by a recognized surety company that is licensed to do btrsi in the State of Florida, payable to the City of Miami, for the amount bid is required from all 4tr tirs, to the extent required under "Special Conditions" or ``Technical Specifications" ("Bid v'"). This Bid Security atrarantees that a Proposer will accept the order or agreement, as bid, if it dedd to said Proposer. Proposer shall forfeit tate Bid Security to the City should City award contract/agreement to Proposer and Proposer fails to accept the award, The City reserves the right to 10 THIS DOCUMENT IS A SUBSTATUTION SUBSTITUTED TO ORIGINAL. B/ACKRAL CAN BE SEEN ATHIS DOCUMENT. reject any aid all surety tendered to the City. Bid Securities are returned to unsers upon demandwithin fifteen (15) days after the award and Successful Proposer'sard. If ninety (90) days have. passed after the date of the formal Solicitation closing dract has been awarded. all Bid Securities will be returned upon demand. Failure to execute an agreement and/or file an acceptable Performance B when required, as provided herein, shall be just cause for the annulment of the award and the tb- iture of the Bid Security to the City. which forfeiture shall be considered, not as a penalty, bt n mitigation of damages sustained. The amount of the Bid Security shall be a liquidated sum, w 7 shall be due ill full in the event of default. Award may then be made to the next lowest resp sive, responsible Proposer or Proposal most advantageous to the City or all responses may be rej d. G. Responsive/Responsible Proposers Subject to City of Miami Code Sections 18-95 and 18-107, th ity shall have reasonable discretion to deem any proposal non-responsive and/or non -responsible sed oil whether the proposing entity or any of its members: i) are in arrears to the City for any deb r obligation; ii) have any uncured defaults or have failed to perform under the terms of any at ement or contract with (lie City or other government entity within the past ten (10) years; iii) e in default under any agreement or contract with the City or other government agency or entity the date and time the proposal is due, iv) have caused fines, penalties, fees or similar iinposit' s to be levied against the City or any other governmental entity or agency in Florida; v) hav iv past, present or on-going litigation or adversarial administrative proceedings with the City or of government agency or entity; vi) have tiled and not prevailed in frivolous lawsuits, as that tern defined by Section 57.105 of the Florida Statutes as determined by a final order of the court; v' lave past, present or pending involuntary: bankruptcies, liquidations, assignments for the benefi f creditors, receiverships, dissolutions, actions involving fraudulent transfers foreclosures or s ar actions within the past seven (7) years on projects or businesses they have owned. operate or controlled a majority interest (i.e., ownership of ten percent (10%) or more of the entity stock o - ares), viii) have been found liable by any legal or administrative entity via any proceedings for 'tronmental damage, contamination or any other environmental liability; ix) have failed to disc c involvement as a party, third party, or intervenor, in any legal or administrative proceedings ncerning environmental damage, contamination or any other environmental liabilities, w ther found liable or otherwise; x) have been debarred by any public agency or been placed in e convicted vendors list pursuant to Florida Statute Section ?87.133 or a similar law, rule, or regi ion; xi) have failed to disclose any of the above; or xii) have otherwise been determined as not r nsive anti/or responsible as defined by the City of Miami Procurement Ordinance, includin ithout Iimitation, Sections 18-73 and 18-95 of the City Code, and by the laws of the State of Flo Similarly, any c�poser. or its principal(s) that is determined by a court, hearing officer, or other /ia a� cv of competent jurisdiction (and al l due process of la%v has been exhausted) to be liable ainage to the City, its agencies or instrumentalities, directly or indirectly, shall be responsible for payment of the judgment or fines. If the Proposer or its principal does not dgment or fines, within thirty (30) days after the elate of the City's written notice, either during tation process or anytime during the term of any agreement awarded pursuant to this n, the City shill have discretion to immediately disqualify the Proposer and terminate any t entered into pursuant to this RPP, with no other cure rights. In such event, the City shall ely own any improvements built on the Property, with no responsibility, financial or otherwise, to the Proposer. DOCUMENT IS A S SUBSTITUTED TOIORIGINAL. BACKUP CAN BE SEEN AT THE A N RIGINAL D OF THIS DOCUMENT. H. Bid Protest All laid protests shall be ,processed in accordance with the procedures contained i ection 18-104 of the City Code. All of the requirements and procedures specified in Section 18-1 shall be mandatory in order to properly file and proceed with a bid protest. Section 18-104, as the e may be amended, shall be deemed as incorporated by reference herein as if set forth in full. 1. Laths and Regulations The Successfu I Proposer small comply with all applicable laws, codes, les, permits, approvals, and regulations applicable to enter into the agreement specified in this 13i elicitation. The Proposer shall comply with all applicable federal, state and local laws that may aff the execution of the agreement. J. Licenses, Permits, and Fees The Successful Proposer(s) shall ]told all licenses and/or certi ations. obtain and pay for all permits and/or inspections, and comply with all laws, ordinances, re ations and building code requirements applicable to the agreement required herein, Damages, pen les, and/or fines imposed on the City or a SuccessFttl Proposer for failure to obtain and maintain re fired licenses, certifications, permits and/or inspections shall be borne by said Successful Proposer. K. Responsible Wages, Luing Wage The Successful Proposer(s) shall comply with S ion 18]20 of the City Code, titles! Responsible Wage Construction Contracts, to the extent ap able to any development an City -awned property. Enforcement of this ordinance may requir e Successful Proposer to ftirnish the City with a monitoring fee and may require the submiss' of a percentage of the construction cost into an escrow account. Additionally, the Successful Pro er(s) shall comply with Section 18-556, et, seq. of tate City Code, titled Living Wages, to the extent plicable. L. Assignment Unless otherwise specified in th' olicitation, the Successful Proposer shall not assign, transfer, pledge, convey, hypothecate, or terwise dispose of their Proposal, or subsequent Lease, including any rights, title or interest the or its power to execute such contract to any person, company or corporation without the prix ritten consent of the City Commission. which may be conditioned. withheld, or refused. M. Indemnification The Successful Propo shall indemnify, defend (at itssole cost and expense), save, and hold harmless the City and its offi s, officials, employees, agents., agencies, and instrumentalities from any and all actions, claims, pr Sts, proceedings, causes of action, legal, equitable, regulatory, administrative or otherwise, liabi losses or damages, which the City or its officers, employees, agents or instrumentaliti may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or tare arising out of relating to or resulting from the performance, non-performance, or breach of agreement by the Successful Proposer, including without limitation the Solicitation, evaluatio ecomrnendation(s) for award. and award of the Lease, the later possession and Tenancy and all ivities or omissions thereon, the design and construction of all improvements, betterments, additi and structures, including the maintenance and use thereof, compliance with all applicable la%v- odes, rules and regulations and payment of all debts, expenses, costs, and fees that are the re nsibiIity of the Proposer as they come due. The Foregoing Indemnity, Hold Harmless and Duty to end shall include the Proposer and/or its employees, agents, servants, partners, principals or jbcontractors, 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 crests, I2 DOCUMENT IS A SUBSTITUTED TOIORIGINAL. BACKUP OB INALION CAN BE SEEN AT THEE OF THIS DOCUMENT. judgments, and attorney's fees which may be incurred thereon. The Successful Pro 4r express l} understands and agrees that any insurance protection required b/Tita thiSolicitati or subsequent agreement, or otherwise provided by the Successful Proposer shall ilimit responsibility to indemnify, keep and save harmless and defend the City or its official- mployees, agents, agencies, and instrumentalities as herein provided, which duty shve cancellation of the Lease, as may be applicable. Submittal of a Bid/Proposal shall e luntary and knowing acknowledgment and acceptance of this Indemnification provision,become effective uponsubmission through selection until such time tele Lease is eat which point all the indeninifiealions provided therein shall apply. This Section will oe Proposer recommended for award to intervene, indernnify, bold and save harmless, fully c, defend, and assist (at the option of the City Attorney) in the defense of the City in any protes N. Insurance Requirements Prior to execution of the agreement by the City, the Sucee 1 Proposer shall furnish to the City Certificates(s) of Insurance that indicate that insurance cov ge has been obtained which meets the requirements as set forth by the City. The title and/or nun of this Solicitation number must appear oil each certificate. All policies and/or certificate(s) of in- ince are subject to the review and approval. by the City's Department of Risk Management prior t pproval. The certificate(s) of insurance shall substantially comply with the insurance requirerneri isted in Appendix 8. Certificates will indicate that no modification. lapse, or change in/ra�e1 be made without thirty (34)) days written notice to the Certificate Holder. If insurance cescheduled to expire during the contractual period, the Successful Proposer shall be responittin- new or renewed insurance certificate(s) to the City at a minimum of ten 4 1 Uj caladvance of such expiration. The City of Miami Director of the Department of Risk lViat] have the right to amend or solicit additicinal insurance requirements as needed in ch the construction or management phases of the Project. 0. Auditor General The Citv reserves the right to rerl ,the Successful Proposer(s) to submit to an audit by the Auditor General or other auditor of the ' `s choosing at the Proposer's expense. The Proposer shall provide access to all of its records, wl i relate directly or indirectly to the subject agreement at its place of business during regular busi hours. The Proposer slialI retain a]I records pertaining to the agreement and upon request make the Bailable to the City for three years following expiration of the agreement. The Proposer agrees top ride such assistance as may be necessary to facilitate the review or audit by the City to ensure coni nee with applicable accounting and financial standards. P. Collusion The Successful P poser recommended for award as the result of a competitive solicitation for any DREAM proje iicluding, but riot limited to, a purchase, lease, permit, concession or management agreement, sl submit the Non -Collusion Affidavit included herein as Appendix 141 under penalty of perjury. Th on -Collusion Affidavit provides either that the Proposer is not related to or affiliated with anv is other parties bidding in the competitive solicitation or identifies all affiliated or related parties submitted a Proposal in the Solicitation. The Non -Collusion Affidavit further attests that the Pr ser's proposal is genuine and not sham or collusive or made in the interest or on behalf of any Pers not therein named, and that the Proposer has not, directly or indirectly, induced or solicited any of Proposer to put in a sham proposal, or any other person, firm, or corporation to refrain from posing, acid that the proposer has not, in any manner, sought by collusion to secure to the proposer n advantage over any other Proposer. In the event a recommended Proposer identifies related parties in the competitive Solicitation its bid shall be presumed to be collusive and the recommended Proposer shall be ineligible for award unless that presumption is rebutted. Any person or entity that fails to submit 13 DOCUMENT IS A S# SUBSTITUTED TOIORIGINAL. BACKUP RGIINALION CAN BE SEEN AT THEEND OF THIS DOCUMENT. the required affidavit shall be ineligible for contract award. Failure to provide Non -Collusion Affidavit with the Proposal or within five (5) days' request by the City, shall beca for the contractor to forfeit their Bid Security, if applicable. Q. Proprietary/Con fide ntial Information Proposers are hereby notified that all information submitted as part of, or ' upport of bid submittals, will be available for public inspection after opening of bids/proposals, in mpliance with Chapter 119 of the Florida Statutes, as amended. Proposer(s) shall not submit any or�mation in response to this Solicitation which the Proposer considers to be a trade secret, prietary or confidential. The submission of any information to the City in connection with s Solicitation shall be deemed conclusively to be a waiver of any trade secret or other protection. rich would otherwise be available to Proposer. In the event that the Proposer submits information to City in violation ofthis restriction. either inadvertently or intentionally. and clearly identifies t information in the bid/proposal as protected or confidential. the City may, in its sole discretion, er (a) communicate with the Proposer in writing in an effort to obtain the Proposers written wit] awal of the confidentiality restriction or (b) endeavor to redact and return that information to Proposer as quickly as possible, and if appropriate, evaluate the balance of the proposal. R. Governing Law This Solicitation and subsequently execut/agreet, including appendices. and all matters relating to the atorreennent (whether in contract, stgulatory, administrative, or otherwise) shall be governed by, and construed in accordanlaws of the State of Florida regardless of the domicile of any Proposers. Exclusive veiami-Bade County. By submitting a proposal response, the Proposer knowingly and vols to this choice of applicable law and venue and to all other requirements of the Proposer i E DOCUMENT IS A SU SUBSTITUTED TOIORIGINAL. BACKUP O CAN BE SEEN AT THE Ed III. SPECIAL CONDITIONS A. PROPOSED PROJECT TUTION EINAL OF THIS DOCUMENT. The information contained in this RFP is published solely for the purpo of inviting Proposers to consider the Project described herein. Prospective Proposers shay perform their own due diligence investigations, projections and render their own conclusio without reliance upon the Pre -Proposal Submission Conference or the material contained he 1. Project Goals The City wishes to redevelop the Property into a rniKe se waterfront Marina, providing First-class services to tourists and residents alike. The P sect shall combine the two marinas presently on the Property in order to create a unifie estination within the City. This RFP seeks to identify the proposal deerned most antagcous to the City, taking into consideration the evaluation criteria listed in sec: III,C.'_'. below as well as the following objectives and guidelines: a. Economic Objectives ■ Increase financial ret/RF ■ Improve revenue-proof facilities; ■ Ensure that any propor complementary uses further enhance the destination market ap • Utilize the available ximize its economic potential subject to the restrictions set forth i b. Planning & Land Us bjectives ■ Attract resident nd visitors to the public waterfront so that they may enjoy Biscayne Bay • d the maritime setting of Virginia Key; ■ Convert the sting facilities into a modern world-class facility using state-of-the- art techno y and include ancillary uses that complement the Property's setting and geo phical location, aimed to stimulate public use of, and widespread interes , the Property, N Prov' for the development of a mixed-use marina and waterfront destination.. por ging a unified and integrated marina that seamlessly interacts with adjacent I' urants and facilities, ■ low for easy access to and throughout the Property, including the development of a full -width bay walk; that matches the design east of Marine Stadium, and provides seamless connectivity from Marine Stadium to the existing Rusty Pelican restaurant (consistent with Miami 21): ■ Promote various active public uses of the site that will enhance the overall public benefit derived from the Property in terms of use, visibility, environmental protection, and financial return; ■ Proposers should consider developing and operating the Project at varying price - points, incorporating, for example, an element of casual waterfront dining. in order to increase public accessibility of the Project; v Preserve critical and sensitive wildlife areas; ■ Provide facilities that represent flexible designs and iconic attention -grabbing, buildings that function year-round for daily and nightly activities; • Maintain harmony between the design and architecture of the new structures and the iconic architecture of the Miami Marine Stadium: 15 S DOCUMENT ISAS SUBSTITUTED TOIORIG NAL. BACKUP U IGIINALION CAN BE SEEN AT THE D OF THIS DOCUMENT. ■ Develop an array of recreational waterfront uses operated management experienced in waterfront programming in order to attract in, -sing and varied segments of the local, regional and visitor population, ■ Develop the Project with considerations made for antic ipa sea level rise using the LISACE High or NOAA H igh curve calculator for se vel rise projections; c. Urban Design Principles & Guidelines • Use of the Virginia Key Master Plan principles a guideline for proposed improvements and the Project's arch itecturallland- pe features; • Emphasis on public access throughout the operty, with safe pedestrian connections and ease of access between the fa ' ies and the surrounding areas; ■ Improve Marina access points with aesth- ally attractive buffering features through hardscape or softscape elements; • Utility infrastructures shall be placed un ound or within chases below grade, where feasible; ■ Creative use of roadway lighting. and inctive exterior lighting is encouraged; ■ Provide roadway and decorative lig ing that has minimal or no impact on the historic basin and environment; ■ Incorporation of pedestrian-sca le curative lighting,. as well as low-level path and landscape accent lighting, ■ Architecture and landscape s ! Id acknowledge the tropical climate of the region and contribute to the pedes[ n and civic life of the Project. ■ Provide optimum views o ie bay from the Facilities; • Provide continuous pub open spaces that acknowledge the tropical climate of the region by providin ignificant landscape design, shade and coverage through the use of substantia ade trees and specimen palm varieties; ■ Adaptability and xibility to integrate with any future Virginia Key -wide transportation sy- r!s that nnav be developed;. ■ Adaptability to ' reased flooding risks due to sea level rise; ■ Building fila should be varied and articulated to invoke visual interest; ■ Secondary - ies from interior walkways are also encouraged. 2. 'Virgini/Ke . Plan An arear Plan has been adopted in prirnciple by the Miami City Commission after receipt put. The Virginia Key Master Plan sets forth a holistic development plan for Virgt is the intent oftliis RFP to encourage an integrally planned and designed developn farthe Property consistentwith and substantially adlieringto the VirginiaIvey Mo the extent permitted by law. Please note that adherence to the Master Plan doire adherence to the pictorial design provided therein. Rather, emphasis shall b ade on substantial compliance with the principles adopted in the Master Plan. The Vir=„' a Key Master Plan is included herein as Exhibit '`D" Additional information cor ening the Virginia Key Master Plan can be obtained from the City's Department of P ping and Zoning, and can be accessed from the following site: ]_IV. 1414.lTilarnl�c�v.coml�l�tnlli��4�.lvirr irliakevn]n.11frlli Required Redevelopment The Successful 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, matcrials, and services according to acceptable industry standards and applicable laws. The Successful Proposer shall include the improvements as MR THIS DOCUMENT IS A SU TITUTION SUBSTITUTED TO ORIGINAL. BACKUP JrIGINAL CAN BE SEEN AT THE WD OF THIS DOCUMENT. specified below. Subsections (a) through 0) below are mandatory recluir- encs; failure to incorporate any of these mandatary requirements in the manner spec to if/ shall result in disqualification of the subject proposal as non-responsive. a. Marina Generally i. Maximize boating access and transient dockage PartOs (at on reflecti rig concepts in the Master Plan, in compliance with applicable I and regulations; ii. Reconstruct the two marinas into a unified mar in d provide for best utilization of available space for dry rack storage, wet slip ndlor other uses; iii. New marina to include all FDOT precast pile qual to or greater than 14"; iv. Design, refurbish or reconstruct the marina vement to meet applicable desiryn criteria for appropriate vehicles and loads •esult from the proposed marina use in visually appealing manner; v. Should include at minimum MMFX 0 Classic) rebar in all poured in place pile caps; vi. Construction docrtments shall be bject to "peer review" of electrical and structural design; vii. Interior and perimeter walkwa shall be a minimum of fourteen (14) ft. width; viii• Buildings shall be no taller t the crown of the Marine 'Stadium, and shall not significantly interti`re with sight lines to the Miami skyline from the Marine Stadium; ix. Signage shall be desig to meet compatibility, uniformity and size standards that do not compete 3 the architecture of the development, and that comply with applicable Mi, 21 zoning regulations; x. Marina shall be r tired to achieve and maintain designation as a "clean and resilient marina" .- administered by FDEP, to tate extent applicable; xi. Design shall it rporate elements of the natural habitat and provide a varied and plentiful pa e of local native plant materials, which are 100% native and consist of fits that comprise the coastal hammock habitat of Virginia Key; xii. Mangrov shall be incorporated along the shoreline, where feasible; xiii. Desig all also take into account the protected natural habitats in the area; xiv. Prop rs shall be required to provide critical wildlife markers, where ap able. xv. elopment of the Marina shall not impede redevelopment of the Marine adium. b. Wff Slips 4iiu. Maximize the number of wet slips on site considering market demand, RFP requirements, and revenue generation; . No dredging beyond maintenance dredging to a uniform depth of` eight (8) or nine (9) feet shall be allowed; iii. No wet slips will be allowed within the Historic Commodore Ralph Monroe Marine Stadium Historic Basin. 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; iv. Renovate or renew all the bulkheads along, the entire wet slip marina, and maintain the dock/bulkhead wall in good condition for the Lease Term, subject to applicable rules and regulations; v. Dock construction steal[ be concrete docks or aluminum floating docks. However, 100% Fixed concrete docks are preferred. No wooden docks shall be perm itted; 17 THIS DOCUMENT IS A SUBSTI SUBSTITUTED TO ORIGINAL. BACKUP ORIGI CAN BE SEEN AT THE END N THIS DOCUMENT. vi.. Docks shall be designed to sustain category two (2) or three (3) hr cane will) boats in the wet slips-, vii. New docks shall include modern dock design, with sufficient tage, metered water, and other utility requirements to provide for the proper eration of most modern boats commensurate with the slip size, viii. Docks shall be separately metered, ix. Provide adequate amount of transient dockage for auto ed storage system: x. Provide for a public water taxi stop with no restrictio n timing or use: xi. Provide for small boat, kayak, and sailboat rental co ssion slips. c, Dry Boat Storage i. Maximize the number of dry racks on site in li , of market demand and revenue generation, ii. All dry racks wrist fit within or around (lie neral area depicted as the footprint for dry boat storage on the Master Plan; iii. The dry boat storage facility may no . teed the height limitation (crown of Marine Stadium)] set forth in the Ma Plan: iv. Provide for an automated dry boat rage faciIih', including boat Valet services and fueling station: d. Restaurant & Bar Major renovations to the restaurar ather than demolition and development, are at the option of the 'Successful Pro er. However, the Proposer must ensure that ail restaurant facilities are in tial mpliance with all current and applicable local, state and federal legal. code, re��u ory, health, life/safety, licensing requirements including without limitation. all + l�licable Americans with Disabilities Act {"ADA'"} requirements, Each Pro er )may propose to have one or more restaurants oil tl)e site. However, please note . t the number of restaurants provided in the Proposal shall not he considered Burin« aluation. However, configuration and use of the site, includii)g placement ofresta Tits, may be considered in the overall aesthetics and functionality of the design pr sed. TheSuccess Proposer shall maintain all restaurants in good condition and repair for the Lease m. Additionally, all restaurants shall comply with applicable statutes concernii retention of tips or payment under section 207(i) of the Fair Labor Standa Act. e. rilsittryul� aster's Office t a new, multi -story dock master's office, consolidating the dock master's n both marinas. 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, 18 THIS DOCUMENT IS A SUB TUTION SUBSTITUTED TO ORIGINAL. BACKUP O INAL CAN BE SEEN AT THE E OF THIS DOCUMENT. ii. Construct an additional fuel station in the dry boat storage area noted above to provide all valet services necessary for a First Class automa facility, iii. All fuel stations on site must comply with Spill Preven n, Control, and Countermeasure (SPCC) regulations, to the extent applica h, Baywalk Provide a fourteen (14) foot continuous baywalk wi/inding, operty boundaries to serve as a waterfront promenade along the historic baaywalk must conform with applicable regulatory restrictions and guidelines,but not limited to, the Miami 21 Zoning Cade. i. Access Road The successful Proposer shall either: (I } i77aintail e access read indicated as Parcel ? in the survey attached as Exhibit "A": or (2) vide an alternative access road in a substantially similar vicinity as that indicat as Parcel ? in the survey attached as Exhibit "A". The Public, including the ager . employees, and invitees of the adjacent Rusty Pelican Restaurant, shall be gra access to, over, and across the above- mentioned access road. j. Public Boat Railed i. Plan, desigit and co uct a public boat ramp and floating dock, which shall be lochin th • •operty to the northwest of Miami Marine Stadium in a similar to N , re the existing public: boat ramp is currently located: ii. Provide plsur ing, demolition, landscape and architectural design services fol� oat Ramp:iii. Provide c' administration services. 1nCllidil7g preparation 4f constructiocrlr77ents, construe#ion monitoring, special inspections and close-out: iv. Parking foblic Boat Ramp may be provided off site adjacent to the Property. All improvements Ifst be constructed at the Proposer"s sole cost and expense. All improvernents des ar be applied for, permitted, or otherwise approved as required by applicable laws, and regulations by the Proposer or the Proposers authorized agents if applicable. H ver, the City may assist the Successful Proposer by providing City docunicti,ati that may be required for zoning changes, PZAB hearings, and grant or financing a ications, at the City's sole discretion, pursuant to availability and at no cost to the City. In the ent the Selected Proposer is unable to develop any portion of the property in the required by this RFP, for reasons outside of their control (such as permit denials, .111air denials, City Commission denials, etc.) they shall be allowed to construct the portions of the Project at the City's sole discretion. in such case the City }xray 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 tion-discrir77inatory criteria, on a first-come first-served basis. R THIS DOCUMENT IS A SUB TUTION SUBSTITUTED TO ORIGINAL. BACKUP O INAL CAN BE SEEN AT THE OF THIS DOCUMENT. 4. Ancillary Facilities The Successful Proposer may provide additional ancillary /t1irgima nd components consistent with the intent of this RFP and the principles stated Key Master Plan:. such as, for example, a market or other facility ancillary toa. The City shall leave the sole and absolute discretion to determine which ancillaracceptable. S. Virginia Key Marina Basin The Successful proposer shall work with the City to design neI markings from the Public Boat Ramp and Dry Boat Storage facilities that encourage torized traffic to safely navigate to and from the basin in a manner that minimizes b wakes and is respectful of the environment as well as passive users of the basin. ti. Miami -Dade County 'Submerged L/nd Miami -Dade County is the fee sir f the submerged land adjacent to the Rickenbacker Causeway and NorthwP Property (`.County Submerged Land"). As the Master Plan currently conteotential marina expansion into the County Submerged Land, this RFP encouragntial expansion at a later date, subject t❑ all applicable rules and reL(Nulations. te that the Miami -Dade County Manatee Protection Plan delineates certain critpansion; anv such expansion shall be subject to all applicable laws, including the ccified therein. Successful Proposer shall be re/:qui coordinate with the City and obtain approval for any such expansion prior to submitt' a formal application with the County. Additionally, any application will require City a oval. For the purposes of this P, Proposers should not provide designs for the potential expansion and shall nig e evaluated on such expansion. Nevertheless, the Successful Proposer will not be pr uded from pursuing such expansion at a later date, subject to City Commission approva to scope, design, construction, fees, schedule, etc. Additionally, the below -specified re elopment schedule shall not apply to this expansion, but shall be set by the City Commis i upon approval. 7, Lease In order to -onsidered for the award of this RFP, the successful Proposer must enter into a lease at ievelopment agreement with the City in substantially the form as the Lease include rein as Exhibit "C". Additional information concerning the Lease can be found in Sec ' M.D. below. S. Te T Lease consists of a fort) -five (45) year initial term, with two (Z) fifteen (15) year renewal ins. 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 €lel ivery 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. 20 DOCUMENT IS A SUBSTITUTED TOIORIG NAL. BACKUP ORI ALIGN CAN BE SEEN AT THE ENIZ F THIS DOCUMENT. 9. Rent Per City of Miami Charter Section 3(f)(iii)(13), the City of Miami may only se waterfront property on the condition that "the terms of the contract result in a fair urn to the City based on two independent appraisals." Under no circumstance may the C' accept a proposal falling below the flair market value determined by the two app als conducted by independent state -certified appraisers. Nor shall the City accept a pr sal falling below the minimum base rent established herein. The Successful Proposer's ject shall be subject to a second fair market appraisal by two independent appraisers to -ure that the return to the City is equal to or greater than fair market value as required lie City Charter and Code. See also the City Charter Section 29-B for related requ ireine The rent shail be inclusive of Base Rent as well as Perce ge Rent. Proposals shall include a stated commitment of annual lease. pa/thax ments to the in ilne form of a guaranteed base rent (`'Base Rent") greater than or equaill' Three Hundred and Fifty Thousand Dollars ($2,350,000) annually PLUS a of gr/ss revenues, which shall neither be adjusted nor otherwise interpreted of expenses ("Percentage Rent"). The Percentage Rent must be equal to or grex percent (6°/0) of vet slip and dry storage operations, sic percent ((%o) of fuel saur percent (4%) sublease income or other income received by Proposer from the Property, and any other proposed lease payments, as well as a stated commithere to the City Charter requirement for compensation equal to fair market valu In order to ensure accurate records revenues are maintained, the Lease shall provide that the City shall have continuousff ctronic access to all banking and credit card deposit information and shall audit ocet ney monthly. Base Rent shall be increase nnually by the greater of. one percent (1%°) of the previous year's Base Rent, or an in " se based on [lie amount indicated by the Consumer Price Index as of three (3) months p r to tkie beginning of the applicable adjustment date. In no event shall any such annual . stment to the Base Rent result in an increase which is less than one percent ( I %), or mor an five percent (5%), of the Base Rent amount immediately prior to the effective dot f such adjustment. Base rent shall be paid monthly in advance commencing wi lie Lease Date. Base rent shall be adjusted annually according to the formula outlin bove. Additionalt may be applicable, as negotiated and specified in the Lease. For instance, the Successf roposer may also be required to provide the City with the following rents, based on ille tents of the submitted proposal and subsequent negotiations: (1) rent paid during cons tion (`'Construction Rent"), which shall be paid for the appropriate period prior to Pro t completion; and/or (2) rent paid to maintain lease and development rights to any p els to be developed following the initial phase of development, if phased development is /posed ("Piaceholder Rent"). Referendum Requirement Per Section 3(f)(iii) oftheCity 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 tine selected election ballet. The City together with the Selected Proposer may choose to present the Project by referendum during a schedu led 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 21 DOCUMENTI AS UT SUBSTITUTED TOIORIG NAL. BACKUP OBS INALION CAN BE SEEN AT THEE OF THIS DOCUMENT. (estimated cost of $1,500,000), either of which shall be at the sale cost anpense of the Successful Proposer. z The Successful Proposer shall be required to submit a One Hundr and Twenty -Five Thousand -dollar ($125,000.00) deposit for the costs of including the oject as an item on the ballot (-Referendum Deposit"). The Referendum Deposit shall aid by the Successful Proposer upon approval by the City Commission within ten (10�rs' notice by the City. Any portion of the Referendum Deposit that is not used shall b rned to the Successful Proposer. In the event additional funds ars: required to place question on the ballot, the Successful Proposer shall be required to provide the same t ie City within ten (10) days' notice by the City. If the voters reject the proposed transaction, the Proje hall be terminated. In the event of such a termination, the Successful Proposer has no v d rights, commercial, contractual, or property rights, title or interest in the Property or t e Project, or any claim upon the City for any expenses incurred in the proposal/proceland shall have no recourse against the City, its agencies, instrumentaiities, officiployees because of the rejectionby the voters" Notwithstanding the above, tine Citt be precluded from issuing a new RFP in the event the voters reject the subject Prthe Project is otherwise cancelled. 11. Parking Garage The Department of Off-street Parki manages, supervises. and directs within the City of Miami. AJoa Property in the area labeled Parking"). A certain number the Rusty Pelican restaurant. ig la the Miami Parking Authority (`'MPA") operates, fflmunicipal parking and municipal parking facilities pal parking garage is intended to be built outside the urvey as "NOT A PART" southwest of Parcel 3 ("MPA es shall be required for the patrons of the 'Project and for The Project parking regrr' Hent will depend on the size and scope of the respective Proposal as indicated in the folio ng formula" The number of required parking, spaces for the Project will be based on Fou ) spaces per 1,000 square feet of retail, one (1) parking space per every five (5) boats dry or wet storage, and eight (8) spaces for every 1,000 square feet of restaurant grross ("Parking Formula"). The Successful Proposer shall be required to eontribtrte to th arking Trust Fund up to Fifteen thousand dollars ($15,000.00) (estimated to be appro`ir ely 50% of the cost of construction) per each space required for the overall site proposa s determined using the Parking Formula. Please note that a minimum of 230 parking s es shall be required for the Project in the event the Parking Formula yields a required tuber of spaces less than 230. The ectad Proposer shall have the options listed below regarding the parking garage and co .tion. Regardless of the option selected. on-site parking shall provide for and comply the following requirements: (1) on-site parking shall include the required number of aces for the Project per the Parking Formula ("Project Parking"); (2) the Rusty Pelican estaurant shall be provided with the number of spaces specified in Rusty Pelican's lease agreement with the City ("Rusty Pelican Parking'); (3) parking shall be available to the public; (4) Project customers must be provided free parking; (5) and other requirements the City may specify (collectively the "Parking Requirements"). Option 1: The 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 7? THIS DOCUMENT IS A SUBSTI TION SUBSTITUTED TO ORIGINAL. BACKUPORI AL CAN BE SEEN AT THE ENDr THIS DOCUMENT. contributed to the Parking, Trust Fund to construct the parkin lacility to accommodate the users of the Project and the Rusty Pelican restaur . The garage shall be designed within the constraints and budget that MPA wi pecify. 'The parking contribution to be paid into the Parking Trust FE shall be based on the above Parking Formula. The packing contribution sha a paid by cashier's check or money order and delivered to the Director eal Estate & Asset Management, 434 SW 2nd Avenue, 3rd Floor, Miami, F ida 33130 on or before execution of the Lease. This parking garage contribut' will be deposited into an escrow account whose designated use shall be appy to the Parking Trust Fund. The schedule and milestones for construction o e parking garage and retail spaces by MPA will be developed in conjunct' with, and will be compatible with, the Successful Proposers development pl Failure to pay the parking garage contributff fully and timely will be just and fair cause for the City Commission to cane Or rescind the award to the successful Proposer who shall have no rec se against the City, its agencies. iristrumentalities. officials, and empl es from such cancellation or rescission. It is agreed and stipulated that /,�,�and full payment of the parking garage contribution is an express condicedent to the granting of and execution of the Lease. The Successful Proposer sh }ave no vested or reserved interest, rights, options, preferences, or security in e ownership of the MPA parking facility, other than the City's commitment t those parking spaces will be available for monthly lenses for all of the c ercial]retail uses incorporated within the Project, at a parking rate scheduI at reflects fair market value, whose published rates will be provided to transie customers. 'Notwithstanding the above, tenants of the area (including the sty Pelican and Virginia Key Marina tenant) will be accommodated the terms of their respective agreements. Optian 2: Pe contribution to the Parking Trust Fund may be waived if the SU e sfuorroposer elects to build the MPA Parking at their sole cost and expense. If the Pr sur elects to build the MPA Parking, the parking structure must comply with tl arking requirements and must further be financially guaranteed by the Prop �r (to guarantee that the City(MPA obtains at least fair market value). Co ruction and operation of the MPA Parking must be overseen and supervised PA, subject to a Parking Development agreement to be executed by all plicable parties. Additionally, the Proposer trust 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 Successful Proposer provides alternative parkin; underneath the dry rack storage or other location within the Property ("Proposer Parking"). In addition to the Parking Requirements, 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, The Proposer shall be responsible for the maintenance and operation of tate Proposer Parking during the term of the lease. Notwithstanding the above, the City shall consider all proposals that incorporate all Parking Requirements, and which satisfy all the regulatory and governmental obligations for the site. 23 SUBSTITUTED THIS DOCUMENT IS A SUBSTI TO ORIGINAL. BACKUP ORIGI CAN BE SEEN AT THE END Oj N IS DOCUMENT. Please note that the investment, contribution and/or any income generated From a Parking on site shall not be considered by (lie Selection Committee in their evaluation Proposals. Therefore, clarification of selected Parking option(,) is required, but is n factor in the evaluation of the Proposals. Please also note that the MPA Parking garage is intended to be built property deeded to the City by the County, and that such deed has certain restrictions. U (that portion of land for the development of parking will be subject to such restrict io A copy of the deed is included as Exhibit -`G" MPA may, in its sole discretion, elect to build additions! king spaces beyond what is required for the Successful Proposer's Project and e Ing City and MPA parking obligations. Should the MPA choose to build additiona arking spaces, the MPA will pay one hundred percent (100%) ofthe additional costs re ed for the additional spaces, as well as the cost For any ancillary uses incorporated in the king facilities. 12. Boat Show The Proposal shall be comp/roperty th the Bo how. The Successful Proposer shall enter into an access agreement wiA. In u ay may the proposed Project interfere with or affect the Boat Show, anyr tent r any of the footprint, in a manner that would diminish the amount of squge p ided to the Boat Shaw by two percent (?°r'°) or more. All parking on site andi s shall rema in open during. the boat snow to satisfy customers of the Project.y All construction by the Succposer shall he limited or paused to the extent necessary to permit access and use ofperty during the Boat Show. allowing for Boat Show exhibition space and clear wths to and frorrr Boat Show exhibits. 13. Regulatory Process — Pe itting & Licensing The plans for this ProjFwill require various permits, consents, and approvals, and each Proposer to the RFP ' responsible for determining which permits and approvals will be required for the co ruction, operation and completion of the Project. The Successful Proposer, at its so ost and expense, shall be responsible for applying for and acquiring all required perm licenses, contests, and approvals from all appropriate governmental agencies. Ad anally, all improvements must comply with applicable building, tire, planning an _oning [as may be amended), health, and all other applicable local, state and federal re renients in place at the time of application submittal. Securing all such approva consents. development permits, and similar required permissions shall be the respo ility of the Proposer. Tl ity, pursuant to all necessary reviews and approvals of design concepts, will, if n essary, provide owner sign -offs required for the Successful Proposer to obtain the propriate regulatory permits, consents, and approvals from local, state, and federal agencies. Compliance with all legal and regulatory conditions will be strictly required. Regulatory permits may be necessary from the following agencies, including but not limited to. Miami -Dade Cnunty Department of Regulatory and Economic Resources (REIT:); State of Florida Department of Environmental Protection (DEP); U.S. Array Corps of Engineers (LISACE); 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. 24 THIS DOCUMENT IS A SUBSTITUT N SUBSTITUTED TO ORIGINAL/T,n BACKUP ORIGIN CAN BET THE END OF IS DOCUMENT. 14. Redevelopment Schedule The City will require the proposed renovations/redeveloponstruct' to have obtained all required permits and commenced construction hirty-si 36) months from the Effective Date of the Lease. All physical improvemell Pr t components must be completed within sixty (60) months from execution e y both parties,unless the Successful Proposer appliesfor and receives a waivCity. The City, atits reasonable discretion, may grant a waiver extending the aboned schedule if theSelected Proposer demonstrates that: (1) it has actively and cosly pursued obtainingall requ ired permits; and (2) the delay is a result of force majeuesult of delays outside of the Selected Proposer's control. Notwithstanding, the above, proposals may put forward based development schedule wherein each indicated area of development shall be �e effective in phases. Phased development must be done in sixty (60) m/dstrates )wilding permits for the last phase in place no later than forty eight (48) montfreetive Date of the Lease. The City, at its discretion, may grant an extenslding permits under the following circumstances; (a) if the Successful Propostes that in good faith and acting with due: diligence was unable to obtain the reqs; (b) subject to force mayeure; or as otherwise permitted by law. All developmely with the building permit provisions ofSection ?9-B of the City Charter, as am Ifmodifications are proposed, the SuccoFful Proposer shall submit a full set of plans to apply for applicable building permits and afct�ive ther applicable approvals within one hundred eighty { 180) calendar days of the Lease F Date, and construction must be complete within one year of the permit approval e, The City will use its best efforts to provide alternative locations which are reasonablw tit iguous for the operation of the facility during renovation or redevelopment of other Pr ct components. 15. ]insurance and lndemn. ation Prior to execution of c Lease, the Successful Proposer shall be required to provide certificates of insur to the City providing insurance during construction. maintenance, and manat-ement the Project, as may be approved by the Director of the City's Risk Department, and specified in the Lease. The City shall retain the right to amend and add to the required licies and coverages to ensure adequate coverage for the proposed Project and corresp ing Lease. as required by the RFP and/or the Lease and as otherwise determi tic i the sole discretion of the City. The Selected Proposer shall also indemnify, save, ho armless, and defend (at its own cost and expenses) the City, its officials, officers, eniplo s, agencies and instrumentalities for all actions, claims, causes of action, liabilities, darn- s and liabilities arising or accruing by virtue of the approval, leasehold, construction, de opment, redevelopment, uses, activities, actions or omissions of the Proposer, its agents, ants, representatives, consultants, and contractors relative to the proposed Project and orresponding Lease, as determined by the City Manager, the City Attorney, and the City's Director of Risk Department to the extent required to realize this requirement. The Indemnity/Hold Harmless/Duty to Defend contained in the Lease furnished by the City will not be a negotiable: item and shall survive the cancellation or expiration of the Lease, as applicable. 16. Payment anti Performance Bond Prior to the commencement of any construction on the Property, the Successful Proposer shall be required to provide a Payment and Performance Bond satisfying the requirements PAI SUBSTITUTED THIS DOCUMENT IS A S TO ORIGINAL. BACKUP CAN BE SEEN AT THE E N ISI NAL OF THIS DOCUMENT. set forth by the City as well as those set forth by Section 255.05 of the Floris tatutes. The Payment and Performance Bond will be posted in an am/prt, esei gat least one hundred (100%) percent of the sum of the constructiof improvements. Construction costs for purposes of this Section shall mean thf the Project to the Proposer as des%gsied or specified by the architect or design including at current market rates a reasonably customary allowance for overhead t, the cost of labor and material, and any equipment designed, specified, selected oy provided for by the architectlengineer or designlbuild firm, but not compensatiarchitect/engineer or design consultants, or the costs of acquiring r1glrts-of-way orts or the like. 17, Did Security Proposers shall be required to submit with their proposaBid Security equal to twenty-five thousand dollars ($25,000) by Check, or otherwise pro e proof the same has been submitted into an escrow account. The Bid Security shall be jest to the terms specified in Section ILF. above. 18. Earnest Money Deposit Upon execution of the Lease, the Successf roposer shall provide Five Million Dollars (55,000,000) by an irrevocaialeluncondi nal cashier's check, draws on a financial institution authorized to do business in FI da (or may do the same by wire transfer or similar means}, or shall provide proof the a e -mentioned amount has been deposited into a restricted escrow account. upon col encement of construction, the Successful Proposer shall be allowed to withdraw from t fund in order to pay for the costs of construction. 19. Taxes The Successful Proposer wil of be responsible for any ad -valorem taxes, sales and use taxes, or any other levies overnmental impositions, surcharges, taxes or assessments associated with the Prope that are due or may be owed prior to the Lease Effective Date. The Successful Propos will, however, be responsible for all taxes that are incurred commencing on and a the Lease Effective Date. 20. Impact Fees The Successful poser must pay for all impact fees related to all improvements to the Property. Imp fees by Code requirement must be paid prior to issuance of a building permit. For r e information, see Chapter 11 of the City Code. Z I. City's R Estate Development Advisor/Broker /assigi tis engaged the services of CBRE, a real estate development advisorlbroker for this t. CBRE shall represent the City in all negotiations and the fiduciary iliof CBR1 exist only to and on behalf of the City• CBRE shall be entitled to sion fee ("Commission Fee"), which shall be subject to State of Florida Contract 13-007, as approved and adopted by the City of Miami Commission, and the s of [lie City Charter and Code. Upon execution of the Lease, the Selected Proposer the City an amount equal to the Commission Fee, which shall be determined on a e 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 26 THIS DOCUMENT IS A /ENDHIS ON SUBSTITUTED TO ORIGINAL. BACKU CAN BE SEEN AT THE DOCUMENT. Submission Conference and Site Visit shall be optional. however. prospective strongly advised to attend. B. THE PROPERTY The information in this RFP is believed to be correct, but is not war, d in any mariner. Proposers should independently verify factual items they deem rele t prior to response submittal. I. Parcel Size and Components The Property is located in Virginia Key and includes/"�v tely 26.65 acres of land, including approximately 17 acres of which are submerisible landsrrarks include, to the northwest, Rusty Pelican Restaurant and to the Miami Marine Stadium. Additionally, the site offers views of the City of Miami The following addresses and folia] numbers pertainfhe Property: 330I Rickenbacker Causeway 3605 Rickenbacker Causeway 3501 Rickenbacker Causeway 3311 Rickenbacker Causeway No Address 3511 Rickenbacker Causewid Foli -4217-000-0020: Fo 01-4? i 5-040-00I 0; rF o 0 01 10 (N W Parcel); 1io 01-4218-000-0030, Folio 01-4218-000-0031, and Folio 01-4217-000-0034 (N W Parce 1), Z. Existing Conditions The Property is located in /A)perations ay designated as an Aquatic Preserve. The Project shall conform to the prescribed ts of environmental regulations governing the Biscayne Bay Aquatic Preserves. of the Project shall also conform to existing environmental reatrlationsting requirements. The Property, and its i rovernents. if applicable, are offered "AS IS, WHERE IS.'" NO REPRESENTATI OR WARRANTIES WHATSOEVER ARE MADE AS TO ITS CONDITION, ST E OR CHARACTERISTICS BY THE CITY, INCLUDING BUT NOT LIMITE TO ANY ENVIRONMENTAL CONDITIONS. EXPRESS WARRANTI , IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE USE AND HABITABILITY ARE HEREBY DISCLAIMED. Testing, audits, app als, inspections, etc., desired or necessary to prepare all RFP response shall be at the sol nst and expense of the Proposers. 3. Envi mental Th ity has conducted a Phase I and Phase 11 Environmental Site Assessment, attached /edinients o as Exhibit "E". Nevertheless, Proposers may also perform their own -`due diligence" ctions, including environmental site assessments, sampling and testing of the soils, and groundwater, subject to such conditions and limitations as the City Manager impose. including without limitation, requirements for supervision by the City. mnification 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 27 THIS DOCUMENT IS A SUBSTITU ON SUBSTITUTED TO ORIGINAL. BACKUP ORIGI CAN BE SEEN AT THE ENDO HIS DOCUMENT. any hazardous materials that are required by law to be removed or remediated for t Project. Additionally, all marine mitigation. or other mitigation efforts required by tl pplicable agencies. shall beat the sole cost and expense of the Successful Proposer. Additionally. Proposers should consider the potential impact of sea level r while preparing development plans in order to ensure increased resilience to the rising levels and proper maintenance of the Property and Project. 4. Utilities Water, sanitary sewer, electric and telephone utilities are curren available on the Property. Proposers may obtain detailed plans showing undergrorund rlity installations from the City`s Public Works Department, X344 SW 2nd Avenue, S loor, Miami, Florida 33130. For additional information, please contact the respective ties. The Successful Proposer shall bear the sole financial _ponsibility for all connection fees, design, construction, and installation costs a/otfanosts associated with compliance with any County or City moratorium requirementbe in force. The City will assist in this process by providing the necessary utility ay easements as lawfully appropriate. In the event the Successful Proposer wishes the existing utilities, it shall do so at its sole cost and expense. S. Zoning Tile Property is zoned as CS Civic S G Ione. For more information, please review the M lam i ? 1 Zoning Code, CS Civic S e Ione Reference Manual, attached hereto as Exhibit "B". Proposers are responsible tier -ifying all information concerning planning and zoning requirements with the applicabl =gencies and departments. Any details provided herein regarding the zoning process ' or convenience only and Proposers should not rely upon them without independently ifying the same. For the purposes of this OP, the City encourages the most innovative and most competitive proposal that utilizes bir practices, notwithstanding current zoning regulations. which can be achieved as part future zoning process (i.e., Special Area Plan, re -zoning, etc.) and which are consiste pith the principles stated in the Virginia Key Master Plan. Proposers are responsible f ursuing ally zoning; changes anchor board or City Commission approvals necessary to i nnent the concept proposed in their response to this RFP so long as they are supported the- City as property owner. Proposers should not consider zoning approvals as permit a ovals, the latter of which Proposer gust obtain separately for each aspect of the Proje • Whenever possible, the City agrees to assist the Successful Proposer with its permits' process, providing that municipal permit fees will not be waived or reduced, An ming change or Special Area Plan must comply with the requirements set forth in this rand the Virginia Key Master Plan. Additionally, no hotels or other residential ponents shall be permitted within this Project. The Project shall not include the following -scale commercial for dry services: { 1 } boat painting; (2) transmission repairs; or (3) dry dock repairs. Furthermore, the Project should consider and incorporate Miami 21 principles for public waterfronts and public benefits for public spaces to the extent feasible. Additional information may be found at the following links: het :1�w�vw.tniami?I.or fin:�l code hla �016.as http:l/www.tniami?I.orJPublicBenef'ts iutnp.asp 28 SUBSTITUTED THIS DOCUMENT IS A SUBSTI TO ORIGINAL. BACKUP ORIGI CAN BE SEEN AT THE END d N IS DOCUMENT. Ittt .//wwu. in iarnJ2 Lor%fPublicBenef its ParksPublic5 acc.asp hrt�;Ilwwu,miami�'].or�*iPdFsfA endix,�lbliami ?1 A e�tdix B df 6. Flood Zone A preliminary review of the Property shows that the entire Property is ssified as falling within Coastal A Zane, under Flood Zone AE. All structures constr ed at the Property must conform to the appropriate Flood Zone requirements. Some p iminary estimates of flood risk are included in the Coastal Risk Consulting 2016 Bing Ti eport included herein as Exhibit H. As previously noted, the information in this RFP is warranted in any manner and Proposers should independently verify factual items they d relevant prior to response submittal. C. SELECTION PROCESS AND CONTRACT AWARD 1. N Administrative Review City staff shall conduct an completeness and con-iplianc {"Administrative Review''}. Administrative Rw may include a financial or technical analysis of the Proposals prepared or procO!"by the City or its agents. During this Administrative Review, City staff may tact Proposers to cure non -material, non - substantive defects in any Proposals or it) rify unclear portions of the Proposal. If notified of deficiency or request for clarification, Proposer shall provide a written response, which must be received within five {5) burin days of notification or such other time designated by the Project Manager. Those propo s that comply with al[ requirements should be deemed responsive. 4 initial administrati e with all content View of the proposals received for u irements set forth in the solicitation Evaluation Proposers shall be evaluated i1ranked based on the following Evaluation Criteria- Overa xperience and Qualifications Relevant business and ject team experience in similar projects 25 10 Operational history ective of capacity to meet Project goals 10 Availability of ciallbusiness references 5 Financials and Proposed Revenues 25 10 Financial re n to the City, including Base Rent and Participation Rent Financial pability 10 Reaso2fleness of Revenue Forecasts 5 if Resign & Operational Plan 25 1 roved efficiencies of marina operation and site utilization 10 esthetics & functionality of proposed improvements 5 Effective use of site during construction/redevelopment 5 Consistency with the Virginia Key Master Plan principles 5 Resiliency & Environmental Considerations 15 Long term resiliency of the Project 5 Commitment to protection of environmental assets 5 29 DOCUMENT IS A S SUBSTITUTED TOIORIGINAL. BACKUP CAN BE SEEN AT THE E N CINAL OF THIS DOCUMENT. I incorporation of "green" design and natural/native elements ff I S 1 Public Benefits aad Local Participation Benefits received by the Public Participation of firms and contractors that maintain a local office 14 Based upon the Evaluation Criteria provided above, as more ecificai[v defined in the attached Detailed Evaluation Matrix included herein as pendix 11, the Selection Committee ("Committee") will evaluate, assign points, with the requirements of the RFP using the scoring gu Committee shall review the Evaluation Criteria, Detailec Goals specified in this RFP, and rank each Proposal aA Committee may further deme each of the categ consistent with the information in this RFP, t proposals in accordance ovided by the City. The n Matrix, and the Project o each category listed above. The 'criteria stated above so long as Each proposal will be reviewed to determine if proposal is responsive to the submission requirements outlined herein. Proposals that viate from the City's "Must", "Shall" or "Mandatory" requirements may be found no esporlsive without further evaluation. The Committee members shall be appoillrd by the City Manager, who reserves the right to appoint voting members as well as altFates. At least seven (7) Committee members shall be appointed. Upon the City Manage pointment of the Committee members, the list of members shall be publicly paste Any substantial issues or concerns with appointed members must be submitted in sting to the City Manager with a copy to file Project Manager within five (5) days o ich posting. Any reappointments or substitutions shall be publicly posted. Submittal a Proposal shall be confirmation of each ProposeCs acknowledgement and acce ce of the appointment of these Committee members, In order to eliminate skewing of th final scores, the highest and the lowest total score submitted by each Committee inembe or each Proposer shall be uniformly eliminated. Thereafter, the remaining values will veraged to provide a final score for each Proposer. 3, Short -List Upon completion the evaluation and ranking, the Committee will recommend the top three (3) ranked, resp sive and responsible Proposers ("Short-listed Proposers"") who best meet the criteria o ee R1~P for negotiations. The Short-listed Proposers will each be invited to negotiate a se in substantially the form as provided in Exhibit "C". The City erves the right to forego the short -listing process if the City receives three (3) or less pr sats for the RFP, and proceed with the either of the following: (a) request oral prese tions followed by a formal written request for best and final offers, negotiations, and projEd. to Committee evaluation and deliberations. or (b) request best and Final offers w' out presentations, negotiate, and proceed to Committee evaluation and deliberations. lll�egotiatio ns 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. 30 THIS DOCUMENT IS A SUBUTION SUBSTITUTED TO ORIGINAL. BACKUP O FINAL CAN BE SEEN/ee OF THIS DOCUMENT. S. Oral Presentations The Proposers shall be required to provide oral presentations. t-Listed Proposers will beafforded the same time limits for presentations and estions, so as not to place one Proposer at an advantage over any Cather Propo fi. Best and Final Offers At the City's sole discretion. the City may r/respive best and I offers ("BAFO") to be provided prior to the final recommendationthe Cit lanager. The Short -Listed Proposers shalt not be permitted to reinterpret uirem s. The 13AFO shall serve only as a mechanism for the Proposers to provideest G final offers based on the RFP requirements. The BAFOs shall not reduce thnt be paid to the City, which were originally submitted with the proposals. Tive and responsible Short -Listed Proposer, meetin, the technical requirementsP, and whose price Gaffer represents the best price for the City (which shall not redumounts to be paid tothe City originally submitted with the proposal), will be recommer further negotiations. The discussions during these final negotiations may include prconditions attendant to price. 7. Selection Committee Recomm/ranki The Committee will make its find recommendation to the City Manager, based on: (1) the findings of the Admview (including, as applicable, any financial or technical analysis by the City ta(2) successful negotiations in accordance with this RFP; (3) the evaluation cined in the RFP; and (4) applicable laws and regulations. Such recommendatto compliance with the applicable provisions of the City Charter and Code. 8. City Manager If the City Manager acc the Committee's recommendation. a final contract will be negotiated and the f rnal ommendation of award, approved by the City Manager, will be presented to the City C mission for their review and approval. The City Manager or liis/her designee reserves th ght to (1) approve the Committee's recornmendation, (2) reject the Committee's recd endation, (3) reject the Committee's recommendation and instruct the Committee to re- luate and make further recommendations, or (4) recommend to the City Commission th hey reject any and/or all proposals. 9. City Corn sion The City mmission may (l) approve the City Manager's award recommendation and negolia contract, (2) reject all proposals, and/or instruct the City Manager to reissue a solici can; (3) instruct the Committee to re-evaluate and make further recommendations. in wlii case the consideration of the. recommendation will be referred back to the Committee fo rther deliberations in accordance with any additional points or matters referenced which in accordance with the Solicitation Criteria; or (4) instruct the City Manager to constitute 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. �l SUBSTITUTED THIS DOCUMENT IS A SUB/0H11S N TO ORIGINAL. BACKUP OR CAN BE SEEN AT THE ENDDOCUMENT. Anticipated RFP Schedule D Issuance of Solicitation Februjifl7, 2017 Optional Pre -Proposal Submission Conference and Site Visit Feb ry 16, 2017 Deadline for Questions ril M2017 Proposal Submission Deadline ay 18, 2017 Adoption of Legislation Authorizing and Directing the City Manager to Execute a Lease subject to Referendum approval TBD Referendum TBD POWAYa1.; ?4 The City requires that a Lease agreement ("Lease"), in st antially the attached form as in Exhibit "C" herewith, be executed upon approval of the Sussful Proposer (or `'Lessee") by the City Commission, The terms and conditions w/this F"e-willcapture the use of the Property according to the parameters of the proposal aThe City will not consider a sale of any part of tlae Property. The Successful Prophave no vested rigftts, nor any title or interest in the property or in the development hereon until a Lease is fully executed, and then only in the manner stipulated thereise shall not confer on, or vest in, the Lessee any title. interest, or estate in the Propean a leasehold interest. The Lease will be furnished by, and alwa under the possession, custody. and control of the City; however, the actual terms of the Le shall be negotiated between the Successful Proposer and City staff, subject to final approva the City Commission. Once the parties agree to the terms of the Lease, the executed Lea fall comply with this RFP. Certain clauses of the Lease shall be deemed nonnegotiable, i uding, but not limited to, term, revocation, insurance, indemnification, taxes and impos' ns, public records. compliance with RFP requirements, etc, Notwithstanding the above, Pr sers may request additional terms within the aforementioned nonnegotiable clakrses so for s they are consistent with the solicitation. Revisions to non- negotiable terms shall be di garded. The City may make additional changes to the Lease prior to execution to ensure co tency with the terms of this RFP, subject to review and approval by the City Attorney. /i(n ease may be a ned or transferred to a third unrelated party during the lease term, subject at the disc Eon of the City, which shall not be unreasonably withheld conditioned or ed. Such tr sfer or assignment may be subject to financial and operational ability of the eree, inc ing that the proposed transferee shall not be deemed non -responsible for the a spec' •d above in section 11,G, shall comply with the various requirements specified in FP, at no time shall be allowed without the consent of the City. Any such assignment sf rior to the fifth (5th) anniversary of the Lease Effective Date, shall require a payment equal to four percent (4%) of gross proceeds from the transfer; at any time af�ier the h) year, a five percent (5°,✓cr) payment of the gross proceeds will be due to the City upon er {"Transfer Fee"'). The above-mentioned Transfer Fee will apply even if the transfer or ment is to a related, subsidiary, or affiliated entity. Note: All [easehold improvements shall e 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 tite City as specified in section I1I.A.14. above. Such default entitles the City to claire the Deposit 37 THIS DOCUMENT IS A SUBST TION SUBSTITUTED TO ORIGINAL. BACKUP ORI AL CAN BE SEEN AT THE ENDEF THIS DOCUMENT. and the Successful Proposer's leasehold interest shall revert to the City, at the Cldiscretion. Further, the Lease shall provide that the City will be provided with all correArondence and material associated with the permitting process ora a regular basis, includi�t y studies and reports produced for file Project. E. B.dCKGROUND CHECIUDISQUALIFICATION The City will perform, or cause to be performed, a complete backgrc d clice k and investigation (including obtaining, credit reports) of the proposing entity and its incipals. Proposers shall be required to submit a non-refundable fee in the amount of Fve tl� . nd dollars ($5,000.00) in the form of a cashier's check or money order to cover payment background check and credit reports along with their RFP proposal submission ("Bac Check Fee"). This shall be used to determine whether there is any information that could m the Proposer non-responsive or non -responsible per Section II.G. above. In the event the st of conducting the background and credit check exceeds Five thousand dollars ($5,000.00), posers shall be required to compensate the City for amounts paid within ten (10) days' notic om the City. Proposers must submit forms providing the City v Proposer's consent to conduct background screening on the Proposer and all Proposer's pr' ipals using the form provided in Appendix 9 along with their proposal submission./thrposes of this solicitation, a principal shall be defined as any person, individual or enany ownership or major operational role in the Proposer's Project. Proposers that inrt of their team foreign nationals or foreign entities must Fully comply with all ofents of the Patriot Act. Those Proposers who do not comply shall be automatically dfrom further consideration in this RFP process. (Ince the Proposer has submitte' 7e Registration Form (Appendix ?) together with the Registration Fee, the Proposer i provide the City with the background and credit check Consent Forms (Appendix 9) ether with the Background Check Fee prior to the proposal submission deadline in order t tain preliminary review of the proposing entity's responsibility. Upon receipt of the reque d documents and fees, the City shall review and provide its preliminary deteri�inatio ithin two [?) to three [3) weeks, subject to reasonable delays. Preliminary determizfati of responsibility shall be provided by way of public posting on the RFP website. Please to that any responsibility determination provided to Proposers is preliminary based oz ie information provided by Proposer, and may be changed in the event additional informa i is revealed at a later date. The City reserves the right to deem a Proposer non -responsible f' any of the criteria specified in B.G. above. 33 SUBSTITUTED IV. TECHNICAL SPECIFICATIONS A. PROPOSAL REQUIREMENTS & FORMAT THIS DOCUMENT IS A SUBST TO ORIGINAL. BACKUP ORIGI CAN BE SEEN AT THE END QI N IS DOCUMENT. PLEASE NOTE; THE PROPOSER SHALL DEVELOP THE PROJECT PArPOSAL IN A MANNER THAT CONSIDERS AND COMPLIES WITH ALL OF THEZEQUIREMENTS SPECIFIED THROUGHOUT THIS RFP. ff Proposers shall submit responses in a bound format with tab dividers crating each section. A minimum font size of to point, t inch margins, and single spacing 11 be utilized on all text documents submitted. There shall be submitted one (1) original, ei en (18) bound copies with tabs, 011C (l) unbound copy without tabs for possible duplicating n sand one (t) electronic copy submitted on Cil, DVD, or Flash Drive. All required drawings shall be submitted in the scale herein cued. The Proposer must submit copies of all required drawings reduced proportionately an 1 I" x 17" format. The reduced drawings shall also be submitted electronically and may used on the City's website to inform the community about the proposals. No boards shall be epted as part of the Proposal submission, but may be used at a later date for presentation pure 3s, Prospective Proposers shall utilize the following outline to prepare their proposals, adding s and sub -tabs as needed. 1. COVER PAGE The cover page shall include (lie Propos s name; Contact Person; Firm's Liaison for the Contract, Primary Office Location; Lo Business Address, if applicable, Phone and Fax Numbers. as applicable. Email addres ; RFP title and RFP number. Z. TABLE OF CONTENTS Table listing. in sequential ord the location of all contents, including required response forms, charts, illustrations, an dditional enclosures. All pages of the Proposal, including enclosures, shall be clearly a onsecutively numbered, consistent with the Table of Contents. 3. EXECUTIVE SLAIMARY Summarize the proposa roviding an overview of the proposal submission. 4, VISION GOALS A RJECTiVES OF PROPOSED PROJECT Summarize the vi n, goals, and objective of the proposed Project. 5. CONIMUNITYMNEFITS Summarize range and quality of any programs to be offered as a benefit to the local cornmunitncluding the Iltrmber of potential jobs to be created and the considerations made to protec le environment. 6. REDINFLOPNIENT SCHEDULE Prr stirs shall include rer7ovationlredevelopment schedules for the leasehold improvernents 4 ch Cake Into account the commencement dates required by the City and delineates the novation or redevelopment of each component. The Proposal shall include a narrative ccompanied 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 most 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. 34 THIS DOCUMENT IS A SUBST SUBSTITUTED TO ORIGINAL. BACKUP ORIGI CAN BE SEEN AT THE END Q N IS DOCUMENT. 7. PROD ECT PLAN The Project plan shall take into account all of the principles, guidelines, an equirements specified in this RFP, as well as the principles stated in the Virginia Key Pula Pian. A team of specialized. registered design professionals shall prepare the Project . Additionally, please note that any material changes to the original Project plan ma after commission approval of the lease and development agreement shall be subject to i t from the Virginia Key Advisory Board and final approval from the Miami City Commi n. The project plan shall include: (a) Narrative Description of (lie proposed Project plan: Proposer must include a detailed develo/ws, or the marina and boatyard, restaurant, ship's store and all other compie Project. Proposers must also specify how they plan to manage the site arevenue through optimized slip management, restaurant patronage, and alnue-generating facilities on the Property. Additionally, Proposers must idehey plan to address the. various components required in this RFP, inclnot limited to, environmental considerations and resiliency; (b) Site Program Analysis. including: • Overall site development includin the Property. • Number and use(s) of buildin rentable). provements, and surrounding modifications to and respective square footages (both gross and. ■ Number, type, size, constr on and description of proposed operations by category, • Number of wet and dry s s (including total linear feet of each type specified). • Architectural features. • Permitting and envir cental issues. • Features incorpora in light of environmental concerns, including protections for adjacent critical I itats and sea level rise. ■ Parking solutio or agreements. • Traffic Plan. • Sewage P1 • Pollution ntrol Plan. 10 Storm ter Management and Hurricane Pian. (c) Render' s of overall site as well as from within the Project, illustrating: /�S ext. ing Height. itectural ,'Features. ge. 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 11I.A.3. above, as applicable, as well as the following: 35 SUBSTITUTED • Land/Space Uses. • Building Location. • Pedestrian Access. • Parking areas. • Landscaping. • Lighting. THIS DOCUMENT IS A SUBST TO ORIGINAL. BACKUP ORIGI CAN BE SEEN AT THE END O1 N IS DOCUMENT. (e) Construction Plan: Proposer shall construct and operate the Project at the Proposer'ewn risk without benefit of financial guarantees from the City. Nevertheless, the C' has an obligation to its residents to ensure that the Project is completed, or failin lat. that the Project not be abandoned after commencement. Accordingly, the Propo shall describe the terms and conditions it proposes to ensure; construction and opera of the Project. S. OPERATiONAL PLAN The Proposer shall provide a brief narrative on the Pr ser's plans for the management and operation of the proposed Project during the Lease Tc . including as applicable, a description of services to be provided, number and type of emp ees to be hired, hours of operation, etc. 9. MARKET ANALYSIS AND ECONO,iN1IC FF Proposals shall include the following in( market and economic feasibility: • A market anal sis sufficient to es other proposed uses, based upo market pricing, competitive p • A projected development se u id. FUN ASIBI n, providing an understanding of their likely #17ish the market support for this type of facility and nalysis of dernand generators, competitive supply. on, and anticipated market share/capture. le. • An analysi/gi ected r nues and operating expenses broken out for each major component at a nimum the first fifteen (15) years of operation. ■ A written t i eating the total dollar amount to be spent on permanent physical imr to the Property, if any, including building improvements, site:improvemeuiprnent purchases associated with the Project, as well as that required start-up coasts and initial operating expenses. The developrnetion cost estimates shall be itemized to include significant line items withijor categories of hard, soft (including pre -development fees), and financing callocated by Project component, building and phase, as applicable. I L1TY Proposals shaj5CIUde a detailed financial feasibility and cash flow analysis. The financial feasibility of , Project shall be presented in a fashion to enable a clear understanding of the financial ii ws and outflows of the projected revenues and any other financial returns over a projected teen ( 15) year period. The analysts should Include. projected profit and loss runs, includir everuies. operating expenses, development costs. debt service, etc., and an integrated Finan• cash flow projection showing the phased renovation, building, and completion sell le. #15posers must include a fifteen (15) year pro -forma in excel spreadsheet format including Formulas. The pro -firma 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 incorne streams, individual line items associated for 36 SUBSTITUTED THIS DOCUMENT IS A SUBST TO ORIGINAL. BACKUP ORIGI CAN BE SEEN AT THE END QI N IS DOCUMENT. each of tine corresponding percentage revenue calculations that apply to these revel sources and are to be paid to the City. and all expenses. Please note that, for the pro -for 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 ars-�ceipts, received by Proposer from any person whomsoever (less any refunds) of every kitiferived directly or indirectly from operation of the Property, including without limitation, ' ome from both cash and credit transactions. ] 1, FINANCIAL PLAN a) Financia Plan Proposals shall include a description of the total estin ed cost of construction and corresponding financing plan for the Project, iinchidirn description and estimate of all sources of construction and permanent debt and equ. ~ funds to be used in the Project, Estimated total construction costs should not be mat ally different than proposed unless as a result of unknown on-site conditions that are readily observable or discoverable. Proposers shall ensure that target returns and oth inancing coils iderations are presented. The City reserves the right to further evaluate for reject financing commitments when the term. the identity of the financing source other aspect of such financing is deeined not in the best interest of the City or the Pr t. b) infrastructure Cost Estima/L,,,n Proposers sinal[ prepare ainnates of the initial infrastructure costs of the Project. The estimates shato un that no cost elements are excluded, realistic in that quantities and prices uping the estimate reflect actual market level or best estimates of future price redible in that the estimating methodology used is consistent with applicabltandards and practices. For the purposes of this requirement, "infrastructull mean all costs associated with roads, utilities such as water, sewer and electri c) Un -Goin, ,Capital Infraffucture Costs This Section shall i, ide all elements or components of the capital assets that require future expenditure )eyond normal maintenance, or replacement at the end of their economic lite thL re expected to occur within the Lease Terni, including for example all costs associate ith ensuring resiliency of the various components of the Project. Please note the pref ice to incorporate a resilient design with considerations made far sea level rise in order provide structures with a longer anticipated economic life. Alone with each element q n -going, capital costs, Proposers shall estimate the corresponding contingency allowan with the estimate for each cost element, The Successful Proposer shall be requir to contribute one percent (1%) of gross revenues to a Capital Infrastructure Escr Account (per defined escrow requirements) to fund on-going capital infrastructures co . 12peration and Maintenance Proposers shall describe in detail all sources of operations and maintenance funds for the Project, No government funds, subsidies, governmental credit enhancements, loans, loans guarantees, or other governmentally sponsored financial mechanism shall be proposed for the operation or maintenance of the Project, 2. FINAL RETURN TO THE CITY The Proposer shall provide a base rent to the City equal to or greater than Two Million Three 37 S DOCUMENT ISAS SUBSTITUTED TOIORIG NAL. BACKUP OR GI LION CAN BE SEEN AT IS THE END THIS DOCUMENT. Hundred and Fifty Thousand Dollars ($?,35[1,000) annually, PLUS percentage re qua/ to or greater than six percent (5%0) of wet slip and dry storage operations, six pence 6%) of fuel sales, and four percent (4%) sublease income or other income received by Pr oxer from the use of the Property and periodic escalators. The City expects fair market va to be achieved from the escalating minimum guaranteed base rent, with percentage ofgro revenues and any additional proposed rents providing the City with a share of the Proj s financial upside. Proposals shall detail other financial benefits to the City such as esti in d property taxes, and other non-financial benefits such as new jobs created. Please al note additional details regarding rent specified in Section I11,A. above. 3, EXP ER1ENC G AND QUALIF CATIONS The Proposer shall provide details on the proven record of ac plishment, qualifications and experience of the key persons involved in the mana ,eme and operations of the proposed business ("Business Team") and the key persons to be in ved in the remodeling, renovation or build -out of any proposed improvements ("Develop t Teain"). Proposers are required to assemble the requis' expertise, experience, financial and management capability to rneet the threshold quay ations specified within this RFP. As such, where applicable., these qualification requirerne shall be applied to the ProposeCs team as a whole, in a manner that is commensurate wit] ch members' allocation of responsibility. The City has identified the foIlow in0 fact hat shall serve as threshold qualifications for this in the threshold qualifications outlined below in RFP process, The Proposer rriustsubsections a) through c), and include vidence of its qualifications the information required by subsections d) through h): a) Ex ■ on, Proposer and/or its principals shall possess and have naging and/or operating a project of this scope and size 5) years; OR ■ ancipals shall possess and have a minimum of any five (5) ctly involved in the ownership and day-to-day operation e and size within the last ten (10) years. b) At Proposer ar�d/or its principals, must have played a leading rolpal responsibility or other demonstrated experience in the sucng, renovation and build -out of project(s) of similar size and/ct and uses proposed. c)�poser and/or its principals must have had experience with the successful financing 1'at least one (1) project of similar size or greater. Proposer must provide resumes as well as a summary of the credentials and experience of the persons to be used to qualify the Proposer for this RFP, including each of the Proposer's principals as well as each member of the Proposer's Business Team and Development Team. e) Proposers must provide sufficient funds to conduct a background check as required by Section Ill(F) above, and the Proposers must be deemed by the City to be both -responsive" and -responsible- pursuant to Section I1(G) above. 38 THIS DOCUMENT IS A SUBSTI ION SUBSTITUTED TO ORIGINAL. BA/KRAL CAN BE SEEN AT THIS DOCUMENT. f) Proposers must provide contact information for three (3) business each principal, and at least one (1) financial reference, including contapany and/or project names and contact telephone numbers of individuast to the pro?ects with which the individual has worked. g) Proposers shall also provide evidence of financial wherewith or financing from a financial institution either on a reference letter or Letter of ommitment, either of which must be attached as part of Appendix 3, showing Proposer's capacity to develop, maintain and operate the proposed busines Aerations. The financial reference letter or Letter of Commitment must be the financial institution's letterhead stationery. h) Proposers must comply with the background cls requirements in Section Ill ()u) below and submit executed consent forms for 10proposer and each principal on the applicable entity and individual consent forms ached hereto as Appendix 9. 4. PROPOSAL ATTACHMENTS (A) RFP Registration. Form & Fee: Complete R istration Farm attached hereto as Appendix 2 and pay the applicable fees associated wi his RFP, including: (i) A non-refundable Registration Fee ual to one hundred and fifty dollars ($150); (ii) A background check Fee equal t e thousand dollars ($5,.0{34); (iii) A Bid Security equal to twenty e thousand dollars ($25,000); and (iv] ©trier fees shall be due afters mission, on dates specified throughout this RFP a. Referendt�irt Deposit ue upon retlt�est after City Commission approval; b. Earnest Money Dep t —Due upon Lease execution; c. Parking Garage ntribution, as may be applicable — Due upon Lease execution; d. Commission F — Due upon Lease execution. (13) RFP Submission For . Complete to its entirety the RFP Proposal Submission Form attached he as A ndix 3. Please note that a "responsible proposal" is one that has the capability in all -pests to fully perforin the requirements set forth in the proposal and the proposed Lea . A "responsive proposal" is one that conforms in all material respects to the RFP. Ai missing information may be deemed not responsible or non-responsive and inay thea re be disqualified from the RFP process. (C) Business am Qualifications. Complete the Business Team form included as Appendix 4. Rester should be provided for all members of the Business Team. (D) Dev pment Team Qualifications: Complete the Development Team form included as A ndix 5. Resumes should be provided for all members of the Development Team. (E ertificatians: Complete the appropriate Certification of Authority attached in Composite Appendix G. Disc los ure/Dis+ciaime r: Complete the Proposer's Disclosure/Disclaimer attached hereto as Appendix 7. (G) Consent Forms: Complete the Consent Form attached hereto as Appendix 9. 39 THIS DOCUMENT IS A SUBSTIT ON SUBSTITUTED TO ORIGINAL. BACKUP ORIGI CAN BE SEEN AT THE END HIS DOCUMENT. (U)Non-Collusion Affidavit: Complete the Non-Collusion Affidavit attached reto as Appendix 10. (I) Proposer's Organizational History/Structure and Chart: In a narra Joan, please describe the Proposer's organizational and business history and explain the Proposer's background makes it ideal for this opportunity. Please also provide a ual representation in the form of an organizational chart. (.J) Redlined Lease Agreement: Incorporate proposed revisi to the Form Lease Agreement provided as Exhibit C. (K) Additional Information: Proposer may provide any ad oral information to describe the Proposer's proposed Project or capability to implem the Project. 13. DElIDL,INE FOR RECEIPT OFINFORMATIONI CLARNICA TION Pursuant to the Cone of Silence, any request for additi 1 Information or clarification must be received in writing no later than 2:00 p.m. on arch 21, 2017. Interested individuals ("Proposers") may e-mail or fax their requests to t ttention of, Jacqueline Lorenzo, Property Management Specialist ("Project Manager") at the ty of Miami, Department of Real Estate and Asset Management at E-mail: lure:ixc� ir:'ni�inii«( corm and Fax No.: (305} 400-Si97. C RECEIPT OF RESPONSES Provide one (1 )original andtifteen (15)fnd copies with tabs of the signed and dated proposal, one (1) unbound copy without tabs forible duplication needs, as well as one (1) electronic copy submitted on CD-ROM or Flas rive accompanied by the required documentation to the Office of the City Clerk, Attn: Tnd Hannon, 3500 Pan American Drive. First Floor. Miami, Florida 33133 no later than 2;40P n Mav 8.2017. Responses must be clearly rked and labeled on the outside of the envelopefpackage as "Virginia Key Marina RF o. 15-17-011" Failure to submit a Response by the due date and time. and at the location s rued above, shall result in automatic disqualification. 40 SUBSTITUTED REQUEST FOR PROPOSALS (RFP NO. 16-17-011) FOR LEASE OF CITY -OWNED WATERFRONT PROPERTY FOR MARINASIRESTAURANT/,SIIIP'S STORE USES LOCATED AT VIRGINIA KEY, MIAMI, FLORIDA RFP Distributed By: * s easRsr�aati�ta `* Ile. 19�9ti CITY QFM I 11 DEPARTMENT OF REAL 'TATE AND ASSET MANAGEM T ISSUE DATE. FEBRUARY 17, 2 7 PROPOSALS DUE DATE: MAY 18, 2Q �1 itr Of Ifliami IXhruary 17.2017 Ladies zhid Gentlemen: SUBSTITUTED tae Nepallment. of Ileal E male acct! Asset Malta-entrnt ("DREAM-) for lite City ofMicllni Clues ,,C -by issue the atti—Whed Iteyucsl 1'or Proposals ('-RFP-) for Clic: development unci ltll i ofprilrle erfrolll propelly located in Virginia Key, 1'•lorida. The 4goal ofthis RF -P i3 Ili CrL71c ii vi-anl recre�aiio al niarina mid i�t".stauram destination 11'nh an tancillary ship's store facility for City resiC{cols, guests, and visitors. Please rc�'Ic�► lite cleittils in tits RFP hels,tt'- As desenbcd hc, 'ill, 111c Pilon ofthis RFP is to help iniple 77t'lll major coi11pollelits ofthe. Virginia Key Master Ilan. he Succcssl d Proposer will be caterlav, into a hlllLF-tc'rlll lease wills Cite Clty 1011' alipl'CIJCillatltly _ .(7? illrl's IYl1CIllLllng tlpltlntls 71101 St1131t1t1'f!lCl 1711[I) 071 W'�ttCl'lE'C1Ilt properly located at 33111, 3605] _ i4i1, 3311, &, 3i I I �tisrkenbaciccr�'ausc%4ay. Miami, Florida, .ind more slcLilically shCaam iia Cite soil ,ey, cnlcf Icttl Clcsuril7lican itlefticiect a, i:.rltihit A ("Property"). The City lierchy requests 1l1,tt J'OI1 tist.l's sulalllil a l,roposal package including all of the items required by this RFP. This R1 1' -)"tains infi-rmition regarding the Property_ subinis'ion reCluircmealis. and selection proceClll!`L''s. Cc 'fully rc�ic\r tall enclosed doccullents. I'r0110s71s 11111st comply with all submission regLlll•eilients tiff 11 'll ils .ill Iippllcablc legal mid replatory requirements in order tea be eligible. lits' considvi-ation. All ink) elation and Inalel-ki)S submitted wiIl he thoroug,bly ctltalynd and independently verified, Proposals list pres4111 a (1611iliVe and deMiled buiid-out prouram, Completion schedule. tinancial plait, desio and proposal I-espcl:1rh11t tet illi recluirenlents of this RFP to rornt the Basis 1171' CNHltl,llic711 tinct select n by the City- d71'111)(IS is must be delivered to the (_ll'iice ot'lltc Ci , Clerk (First 1:1001' Counter). City Hall, 3500 Pan American Drip e. Miami, F loridii 33133, by ? PNI. on May 18, 2017, Late or ila4tlml)lele Ill'0l!0SZ l5 will not be ccrosiCdCrcd. A list of` aid oposers will be made public the following day. Tile. SL1C:Cuasftl1 praposal Will be subject tel the reo irclllents cif all capplictlble laws, including, but not limited to, the Charier and Code of the Cily- C hs hall' of (lie City of Mianti MAY01- tllld Coltlmissiollers, I wrlconle responsive alta re psmsiltle I� apns7ls that will realize the bill potential of this prilltc real estate location, Sincerely, Danicl J. Alfonso City Manager SUBSTITUTED TABLE O C(]iIV'I'EWS 1. 1,:\FCUTIVE SUMMMARY 11. GENERAL TERIVIS AND CONDITIONS Iii, SPECIAL CONDITIONS A. PROPC745'ED PR0.JT;CT R. 1711 PROPF,RPY SL-LL•'C`770..V PROC'f:':,' I�VD C'ONTR2 i(.'7- l rl;JRI) D. E, ! . C'Tti c.l2fJG",VI1 t `11[ C'fC UI"5"C1 CL r!.!! "IC':I T7CJ,"V 1V. TECTINIC: 1. Sill-01-1CA1IONS A. PROP( :!L RF_�]L.'lliEi41F_f'�'C5' cC FraR;lar 1 C RECE117 U1• L'SPONVS [;"Xl1[13['[`5 & APPENDICES I.\I illi[`[' A LEGAL _SCRIIlTlr 1N St SLJRVFY i:XI I11-31'1' 13 M1AN-11 ?l - NING C"UDL:: CS CIlv'IC SPACE 1:xfI[li1"I' C DRAi-" I [_E_kSF - DEVELOPA7F'ItiT AGRF.EK1ENT I:X1 [113IT D VilZGlNl_A KFY �" S-1 ER P[ .AN EXHIBIT E FNVIR0NMFNT,,ld .. TE ASSESSMENTS FYI IIIII'I` F VIRUINIA KEY NIAR1, DEEDS I:Xllj1i11 G COUNTY PARKING GAR JL DEEP] IES H1BIT ll C'OAS'TAL RISK CONSULT] '2016 KING TIDE REPORT L_XHIBIT I C`BRC FEASII3ILI'I'Y STUDY ,� L. t1131:R-T PEER REVIEW APPENDIX I RFP NO, 16-17-011 CHECKLIST APPENDIX ? REGISTRATION FORM Al'l"EM)IX 3 RFP PROPOSAL SUBMISSION FORM APPENDIX =4 BUSINESS TEAM EXPERIENCE A111IFNDIX 5 DFVI I.(")I)NIT;N1' TEAM CXPEItIENCL: APPENDIX 6 ENTITY CFRTIFICATE OF ALITI IC iun' AIT[-NDIX 7 DISC'1.OSLIR ID[SCI.AINfF�.R FORM APPFNl)[X tS INSURANC El Rl'QUIR[:MENTS APPENDIX 9 CONSL-:NT FORMS AI1111'NDIX 10 NON -COLLUSION AI'1'IDAVIT APPENDIX I i DETAILED EVALUATION MATRIX 3 SUBSTITUTED IZI•:QUI:SIA- (W PROPOSALS VIRGINIA ItF.Y MARINA (R1 1' ."'+lel. 16-17-011) EXECUTIVE: SU11UMMARY ortunity: `i`he City is scekin�,t respol sive. proposals h-olll rluttlilieci Proiposers willing to Man, redesign. construct, reno'v'ate, redevelop, lease. E maj;e and operate a mixed-use waterfiront facility incltidiriP, but not lirllited to, a marina, boatyard. dock nmasler's office, ship's stare. dry sloragc, wel slit) dovks, and at least one restatu-allt l.actltioIl: 3301, 3605, 33111, 3311, & 3511 Rickeribacker Causeway- Miami, Florida, sho'w'n reNpccii\cly as Parcels I. ?, and 3 tin the 5LIITC�- included herein us Exhibit "A" (" Pro1)clly-) Propcily Sire: Approximately ?6,63 acres, il]cltlding tlplaild ilnd submerged land property. The t t)merged Bend is cstimatcd to be appro.ximmely 17 acres, otlill l)e\, 1pnielit capacity'and program lior this site etre regulated by the City of'Miatn)i C'ompr lensi,, e Ncicliborhood Plain and the Miami 21 ZmmHg. Code. The applicabll %oilin4r desjuilaLtlon is CS Civic SPac:e Zolle aL'cording to the Miami 21 Zoning Co( Condition of Property: The Properly an itti inilsrtl'-eilietits are (illet-ed in "AS 1S, W'IllEIZF, i5"conditioii by ilio City. No -epresentatiotts or warranties whatsoever are illacle as to its Condition, slalteol-01 -actcrisiies. 1 XPRESS171) WARR.'\NTIES AND IMPLIED WAMAN'1 U -S O F 'NFSS FOR A PARTICULAR PURPO SE OR USF- AND HARI TA131.LI FY ARE I :REBY DISC'LAINIED. IMPLIED WARRAN ILS Cil- MERCHANTABILITY, Ul"l'.: BR ITY. ANUOR FITNESS FOR A PARTICULAR PURPOSE. , RE HERb.BY DISCLAIMED. No repreSeri11111111 whatsoo!er is mide as in any nvironinciiitt], surlacc, suh:surfacc, waiter or soil rim uer or condiIion. `l axes, Impositions: `Pito: Proposer selected ( Succcssful 11 I itiSi Il is respollsihIc fclr all taxes, levies, govertlillerlial impositions, Snl'CI1 iI"! L'S 1d ii5ti�s+1]lellt4 diff Cl l' assessed oil the Property. The Succ"sful Proposershall Ii reoluireol to pay forany survey(s), site plans, permits. or other application fires rec ired for the implementation of tiie Pl-oiect.'I'lie Successlill Proposei-shall be resp isihle forpayment ill lleLI of taxes the term ol`the Agrccmcot in he event the Pr•ol)crly l)econles exempt From ad oailorenl real estate taxes. State Approval: The City -owned submer-ed 1,111c1s included ill file •clperty tare SLJhjCQt to "Municlpail PLLrpL)S4 ' deed restriction psmided by the 5 to of l=lcirida Board of Trustees Or lilterllal ]niproVetiient 'freest bund (°''l ll'1'I'„} The 'I WIT deed is iinctuded ill Exhibit 'T” of this IZI-P. As a condition precede of llic [sale, tile. City will seek a linding of nlLrtlicipal purpose or (if applicable) of 4 tiverol'the decd reslrictioi] 1:01- the use Of ille subnicrz ecl laOds. The Successful Prtll. )ser shall beir all culls, fees, wai\•er paylliellt tees, and or any other required pa eats to the Stone in assoc ialtitill io°illi lite. State approval Prot c S. The SLICM I'Lil Pro oser Shaul SUBSTITUTE 1L111V Cooperate in the stake approvaI process, if applicable, as regucstcd by City and;'vir the State, Master Pl.aelr Hie Miami City CoI11missioll. has adopted an area -wide Ylaister Plan that sets lord) a -hibid development i-Ision lilr Vivyinia Key ("14 Amer Plait"). It is the irltent s)I' this RIP to eilcott'ac an integrally planned and LicsiLlned development 1'ur the Properly that is both Consistent with, and illistainlrallly adheres it), [lie Master Plan to the extent permitted by law, The Master Plan is im:luded herein as Exhibit 'T". C'oilllare cn i� c Plan: The City Nati adopted, pursuant to the rquirements of State and 1 -tical Lanus, Ilse Miami Cuniprelwiistte Neikhbcarhi od Plain ("MC.NI"'), as amended. The Futut'r. Land Use Mali ("l -Ll N1l ) of the MCNP classifies this Property as Public Parks and Recreation. Li aril ; ase dLH'eellac ilt iriCfucicd herein €1s Exhibit "C" (-'Lease") shvll be executed li.+iCT'L IClvitltr Ilse award oflllis R1'1', Certain provisions ofthe Lease shall remain non - KI bI0, on- iabI0, ieldtldillz-, but Im, limited to, items specifically required by this RI'li. well as Reflcrendunl, Indemnification, Hold mai-mics-s, Duly icy rlel'end, Ills ance. and Gwiraantees. Lealsc 7 erin- The Lei se consists ol' a Turfy -five (45) year initial lerm, with two (2) lifleeil ( l 5) year relit al terms. The tolal Lel-Ill- inclusiVC of both renowais, may not exceed a tc)tall cii'scv� 1ty-live {75} yem { Le:tse't'ertn"). The Pr°ojeccl shall be planned in a+ Contiguous I11t liter, although therc may be a phased delivery of possession. -Mlle [,eaise Term slia commence upon eXeCLttlOn of the Lease. Subsequent plm%cs of Ilse lease shall rLill oucurrently with (lie initial phase. Rent Requirements: RFP responses shall it °Iucic ai minimum base rent equal to or grealci- than Two M inion `I'llrec I IuIiclred al d U il'ty `1'1113Llsa[ILI DoI]ars (S2.35U,000) aMILLI IIV ("Base Rent"). CI.inlalcilcillP nil I, first ainnivcrsary of the Eflective Date of the Lease and ori each annkersa7ry tllei •alter during the initial Term, the per MilKl111 WISC Rent omotim shall be adjusted ilie greater off: an increase by one percent (1" „) o (Ile previous years Base Rens, I" an increase based on [lie amount indicated by lilt COIlsunlei' PFicr 111dex a1s Of (h .e (3) niontlis prior to the beginning (IF the applicalblc adjust11 ent (lane, 111 tics eN c t Shall aitly such annual adjustmew tc) the Bus: Rent result in an increase that is •ss than one percen( (Pd. or more than 1°i1 e Peieent { � „}. t7f'tlle 1'Ja1se Kent ailunu irmnCdiately prior to (lie cI Iective dale 01'suc11 adjustment, Additionally. PI.OPosals thus( I1rinlcle 111,11 the C\Shall shall receive. a Iiercentage rent equal to or grezier than (VO) of wcl slip and dry . va ge operalions, six per1cia (6'!1,) of fuut s;ilcs, and lour percent (l" r,} sublease iilcc ie or other incnilie rec;eive(l by SLlccesslirl Proposer fr011) chit Projcct ("llarticipallk Rent"). Additional rem may, be applicable, as negotiated and specified ill the L 1' •. Parking Contribution: SLICCeSSiLil Proli()ser shall contribuic a iniminum ol'three 1111111\ 1 fi P' hundred and 11 hV 111iLlsulld (S3,4-50,000.00) dollars to the construclion of am a ncen( 1111-ialCepall Parking garauc (-City Parking"). 'Tile City Parking will he ai niu cipaal parking garage operated, manaaged, directed in(] maintained by the. Mi, Ili 1'allkhl AL1101-ity ("MPA"), A011.1a11 Contribution amount to be based on the umber of parking Spi eeS I'ealUired Im the Pi-qj cl. Alternatively, the SucCl.ssf►11 Prcipe XCr May 5 SUBSTITUTED provide its town Proposer Parkinu or may construct and operate the City Pirl:ing itself; subject to additional restrictions specified bellly' l.-,tlmest Money Deposit: The Sucecsslul Proposer sllilll provicic mi irrev(ic ibIC LlnCOltciitiOoat C'asltiCV's Check, drawn on a financial institution authorized to do business in Florida (or mas, tin the Sinnc by wire transler or similar metros), providing, lot -Two Million Dollars (S2,000,000), whirls sliilll be due upon exectiIIoit oft lie Lease. RefeIdisqua tion 3jO(iii) and ?t1-13 of Ilse C"har•ter of the City of IMki lli reeluires Chao any se that the City Conlrllissioll approves 11LINLltlnt to this RFP shall 1101 ill: valid l`4S :lpPL-Oved by public voic through it referendum process ("Referentll1111"), rCtltly scheduled liar No%cmher 7• -1017. The Successful Proposer shall piiy a hu1111f0l <tttd htrnty-lite 111OLINaild dollars (al'_5,000,00) deposit in order to ce the le,ise terms on the hullo[ liar t111prov,11 (`�RC1`ct_'llLlnit Deposit"). After i1111v 111 11v die City C 0111 mission, silly unused ptll'titrrl Of (lie RCf`eI C1lellllll p�lSit, after dCdL1ctin'_, all costs ti+r t'he Referendum, shtlll ole rc:turtled 10 the :CCSSf 11 Proposer. Ill the event additional funds ire required to placc the slitlil telllllchallos(1.e:., toleCOLllll for illCl•[ iSCLI crusty Oipi'I Ill II1L tl1'l-ltI10-Cl lyes )Scd), tile. Successful Proposer sllLiil he rCgLlircd to promptly' pay the additional d. [sl the City' within tell (l0) days` wrilten notice. I ailure to do so will lua ' the Proposer from further ccllisideratioil. 'F1'Ct cl 1]1,y StLtrllire: The tern stilt h 11 provide the most efficient and cnst e1'fccti�v number and size of tory Storage ra CS atltl ►vel Slips lit li�ltt Ot inarl;ct conciitions.'1'he�izC and numbercif Ill wet slips shtlll lis suklject to till ajpplicahle lmvs, rules and regulations, inelmtin�v, but !]t7t "ntitecl to, 7oning, permitting, aquatic preserve limitations, and Other t'euulalslly rCL1 'rcments. nisi w•el slips shall be allowed in the historie4lly- dzsi=naktcl nlarillC bas , as l'urthrr clarified !lcltlw, Auccss Rond: The Stiecessl'til Proposer s II! cilher: (1) preserve and mtlimalin the actress road indicated as Parcel ? in the sI ey -Imiclled its I..xhibit - A""; or (2) provide for and construct, stibicet toIplllieLtl llcl'Ini1s and 1) 0101- rt e1ulitk�lry ilpllrtivo-lls, ail alternative uec.c�s road oil a substil ially Similar vicioity ;ls that indicated as Pareel ? ill the sllrke-y €sttt OWLl tis l.xll it ' r1 The public, including the agcnis, employecs, mid invitees ol, 111C adjalcc t Rusly Pelican Restaurant, shall be Ircely alllrrtlCtf illtcl Rrantctl ttt°ee54 t11, tl�er. LtnL leruss flit tlhuvc-ittcttticlneti ttcctti rnitcl. Niblic Boat Ramp: 'file Successful Proposes' shall be required tt 11a11, ciesi,n, permit and constnlc! al public haat ramp and floating duck ern the I't )erty to the northwest or Miami Marine Stadium as an additional Component Oft • Virginias Key Mamer Plaut, Boat S1101L The SLicccssfUI Proposer shall alllm the Natio` l 1=lalrine MiltttlfiaCIUl-l.`1"S Association (-N both show dein ("Boat Sho%k aiccesS altd UW a portion of [lie Property alllntnlly durimu- the Se\en {71 days of the oat Show, inclusive of President's Day weekend. I Ile SLICCeSSILII PI.OPOSel' shall \&I-1 odme the Boast ShM durin=g the three (3) week :set up period and the ttern' down Ileriod ror a total not to exceed six (6) Nvecks. 1 his r'estricttoerminous with Misr Lease f'Or as long its the: Boat Show is field at Virsen if' the Rom Shom, is hell elsewhere but filer returns to Vir_t!illiat the Lease ' Peril]. 6 SUBSTITUTED Registration Fee: Only dense Proposers who have reu1slered can participate. For rqui traatioll as all of'lieial Propo,,er prior to bid submittal, and to receive a conlplew RFP package and R11) addenda Its they are published, Proposers must submit at noel-refiutclailile Fcc id$150.00, in the lorm oCn cashiers check, money order, or offitchil certilied bank check, payable to the -0(y L71' 114iatnli", delivered to the Registration Contact SpeeltI tielcJW. ,ser F1114y: Al the titre of SlIb117iSSiOn of the RFP responses, the Proposer must he as htiSille55 entity (i.e., Partnership, Limited Liability Company. Corporation, etc.) already tlulllorized t{) do business in the State ofFlorida, kha mi -Dade C'otlnty and the City of lvlitmai under tic Proposer eritity`s )cgaa) name. Any persuu(s) included in Appendix 3 ("RFP Proposal Submission Form") may not be substituted or willldra wn li-om participation aalier the Submission hate tm)ess the Cily Ailaanayer SIV611rlllly talilllcarl/eS In wrltlnr a re(ILICSt 10l' SUbstitutirm. 13,ick-1-OLI ll 'heck: 11..))1)1 11iC:lUdirlL, the principals thereol', and.'or it,; aNsigns, shall) be SL jcct No as laalckLlouticl :end zrcclit check_ which may he necessary to determine I "ponsibiIilly ,•taus responsiveness to all items rcgtlil-Cd by this RFP. PI'c-Propos'll Conlcri nce and Site Visit: 'f`hc Ci , may etlndtict N Pre-Pr0170-sal SuhllllSSI Lill t.'Clllterelice and Site Visit on as date and ' lie that Is vet to tie detealmned. Ill the Lnxill of `sell {. Ul1lCrence. notice of the elate, lillle, and locu(ilm shall be posted by Addendum and sent to all rcgisterecl pro Ners. Re-istratlion Contact: Kimberly Balk -us CHRL' Public llastit ioilti 2W East Las Utas 131v , Suite 16211 Fort Lauderdale. F loridaa 3301 T: (954) 331-171 g l;; kwina_ b�rly.bail��tsF�ci�cbre.coa 11rojec.t Manager: .lalcguelinc L01-ClIZ7 City of`Nlianli I Real F'staateaand As a M-matwmenl 44 SW 211,1 Avemic, 3"' Floor Miami. Florida 33130 T: (305) 416-1426 F: jlo_rert7..Lat�+ as}int nicnaf. nn3 Proposal Due Dwe anati Location: N1 a), 18. 2071.-2:00 P. NJ, Office of the Ci(y Clerk, City of N1ia mi City l hill 3500 Pain American Drii c. F irst 110017 COLI 11 Wl- Miami, l -I.33)33 SUBSTITUTED I1. C;FNF RAL "TERMS AND CONDI` IONS A. Definitions 1. Bid/Proposal shall refer to any o fer(s) submitted in response to Ill is solicitalitttl. ?. Bi(ftic-,ri("otltractorlProl)oser shall refi [` to LS11V["sill' tiGlllllitllll tl I'I`iil7lls71 111 rcti[7{iris[ ti] t171S sniicitatioll. 3. Bid Solicitation Ur Solicitation xllalll llll'aill illi i S[lllctlaill[]n tl{7l'ufiltril:ilttlll, lllcllllllal�€tl1V a111d all all[IcduiEl. 4. Suliritattion Su1)mittaI Form - 11111St bc. c0111pletc[i RILL SUN itItted with the Proposal. \Iu�istcred `- shall) trier to lite City of sllianti, f=1{-+ricla AIII shill refer to City of -Miami Delmrtillent orReal (''slate and Asset Management, Vendor - shall rcli:r to a firm that has submitted a complcic Registration Form, ssful Bidder/Proposer shall Illean till'. Proposer(s) reco111111cilded fol` 11wa1[l, B. Instruction 1 Bidders i. Bidder {�u\Reaist a it Registration It is tIl[s poCit t[1 [ nc[auraltic l"ul! al[7[1 uI7[ n Coml7clltiotl 3111t7tt�" �tll aG:tilei lli, tlualilie{! velldor`s. Tble fi7r award of a coutrait. Proposcrs 111LISI 1'epistcr by submiltillt' a e[llnpleted n Form and proviclill+g a lee ofouc h di -cd and lil'iv dollars ($150) ill tic linin tlra ccs b:, nluney t]d°[ler. ilr c71#ici;tl 17ank clacck, payable l[s ills " -City or miallli". 3. Public Entity Crimes To be clisiibie ltiir 111V LI 0 •1 C011111s 1, 111111%w ishillg (0[t[l I)LISinesS with the City must t:omply Willi sectloil 287,133(2)(a) o llic I' lorrcdar 5talulea, whiclr prm ides tllat a persoll or ariiliate. who has been placed crit the cunvic d vendor li:si fullowillg a cons fiction for a public entity crime ritzy oat Submit 1.1 ['r[ipusal on n[ltracl t+., I7i'i}G I[Ie 11114' s;[1[7(ls QC services t[7 at public entity, may nol submil a Proposal oil al eni ralcl with a public emity toe` the construction or repair 01'a po1)1ic btnldi[Ig orPub -le Work. may i I stibmiI I'roposaI oil leases [ll'rcaI property I[7 si pubic sillily, may not be awarded or perftll 1 work as a contractor, Su17I711c1-, sLIK:[71111-aWt[1r, or C011Sultalnt ulldVr a c011tract With any j7Li is Clllil4', Mid May nut lrMisacl bLISHICSs with ,illy public sanity ill exce.", gat, the 111rCS1101d :ill 1.1111 prkm idcd ill Section 287.017 of the. Florida StaltLltes, Itrr C';l l i .( i[ ]frit I"4ti'(7, as dcfilled I Seitia,n ?57.1117(?) ofthe Florida StaltLdtcs, ti7r a period ol`thiny-,ix (36) months from the date beim; placed oil the convicted vendor list. 3. Request for Additional Information i. Cone of Silence: P1.1I-SLUM11 to S[:Cd011 18-74 c 'the City Code, all Bid Solicitations, [Ince a[dr'cr-lised a1rlsl Lentil an award recommel alion has b ell forwarded to the aippropriate authority, are undcr the -Cone of Alcricc Any communication or in[liiiries, exccpl )tar clanflealloil of, pro ss (11` 17171[ duce already contained ill the; SoIicitation. are to be mad in wriIijig to the IIlei IIion k i f e Projcc( Mailager ideiill f ed in [lie laid Solicitation with aI copy sent to the City C lcrk. ii. Addenda: DR AM play isSLie Lill ilddell(ilull in rei:l)011SC to a v inquiry rcceiGed prior to Bid receipt and opening than changes, adds to, or cialrities t ° terms, provisions or requirements of the Scllicimlioll, The Proposer Should [tut rely 01 -lily represerlLai ion, statement or esplmation w'hcther written or verbal, either than thclst Hattie iii this Bid Solicitation document or ill any a[Idcnda k -sued -Where tilers: appears l be a conflict between this Bid Solicitation and any addenda, the last addendum iSSLICLI 51,111 prevail. It is (lie Proposers responsibi lily to el1Stwe receipt elf' all addenda, and ally accompanying documentation. S SUBSTITUTED i. Bid Solicitation And Bidders' Responsibilities it is the responsibility of the Pri poscr [(1 become thorow-dily 11-anlh1 it will[ ilio Bid requil,elllellts. terms. kind conditions of this Solicitation. Allegations or pleas cal• i.tnuranc e by the Proposer of Conditions (hal exist or that may exist will not be LICCepted ris a baSiS till- varying the requirements of [lie City, or the compCi salion to be paid by the Proposer. This Solicitation is subject to all Ic-al rcquir'clnents c:Lm aincd in the applicable City Charicr and City Cade pl-LiviSitills, as wClI as .111 applicable County, Slmc, ind Federal laws, rules, rind tVEL1Ia1i0ns, 11 is the resptlrlsibillt-y- o [lie proposcr, prior to conducl1ng any loblaytng' regar(Ifnf: this Stslieitalin[l lis til` the appropriate l'orna lvi0i flit C ii Cl4rk styling that a p.micular lobbyist is authorized i(l relnescllk the Proposer, The Proposer Shall also (Ile it form \L ilh lhL C'tly Clerk ill t: ��Laiilt f!1 tithe at which kl lohbvist is no lon-cr atithorized to represent said Proposer. I=f1ill.11-C Lel Iit) file the itplat'opriate [01.111 required, ill rehattin In (tach Solicitation, may be L Iles lct'ed a4 cvidciice th al Ilse Prop(-Aser is not it responsible coutrac'tor. 5. CIla 11 eIN- W iIh11ramal Llt 11 ids i. Ch lines: Pri(sr 10 the SCIMluled Hid =Cipl and Llpciting, ,I Proposer may clliinge its lii(i stI}aia]ittit]s a new 131d. No material Lar substantial changes it) a Rid will he ile'CZI?tl' altLr I3td CI(aS111g. ii. LI ithdra% aIs: A Bid shill] he IrrevoCilhIC UnICSS the Bid IS L'1'ith(11'iAvii its provided herein. A biL slay be wllhdra�% n une hull(lred-eigllLy (ISO) days [Mier Clic Bid has been rceeivccl and n }ncd 811Li pl'ILII' to a�l'Llid, lad sLrlanlittin�! a letter to I}ie 1'rLaject ll'lanu4�cr Wrilil'ied in Oti 'd Solicitation. The withdrawal letter must lie on company letterhead and signed by ten tet 1orized agent of the Proposer. ti. Conflict's within Bid Snlirita irs Provisions contained herein will lac ' itcrpreted in a niamier ennsistent with all othr:r prm isions. However.. where; there em."Is tI ennl ''t laelcvtul the [general �lCL111S find C01)(111i0iM Special] CL7[1ClltlL1113, 111x' Technical SIaCCII IL eltI(1 ti, or any ittldentitllll iSSLIL Ll. (lie rlydcl (iC precedence 5111]11 be: the. last addendtlill iSSLICd. the l ChniCiil Sl7e[:Ilicntions, the Special Conditions, and 1hcil 111( General Tentis 1111d Coildilisiils. C. Preparation of Bids 1. Itegisti-ation Form - Proposers are required l rePi.sllr- in [lie manner indicated in 1111 Registration Fee seclion ol'the Er.xectttive SLnnn1,11y, ' 1 Lsrdcl' tea 1-Cljlolld [La 1,011 halloos issiticd by DREAM. 7. Solicitation Submittal Forms — thG Rid Submission Foi i and 111 Other I`e(luirCd SOliCkIlitlil doc:uincnls (feline requirements ol` the Solicitation, and mu., he completed and submitted fay 0L1Lli1Ied'vitllilt 1lIC SnlicitZil iull. 1.1, of allother form lily re,ul 'n rcJcciloil of Pn)pk)scr,N nlTCr. 1. Authorized Agent - An authorized agent of the Proposers 'rin tntist sigh the Proposal Submission Form and SLIlalllit it 1011 1I1cr With HIC Hid. 4. Conditions - The Proposer nutty ht considered non-res'ponsive if itis etre- conditioned to modifications, changes, or revislons to the terms and coudinwis of this . ilieitation, 5. Add itional/Mtern ate [lids Proposers may submit an additional Or tlltc-nale Bid(s) 1'or Ott: sante Solirittl[itln prnVidCd thilt such additional or illvi-nate Bid is al'lowab Linder the tCrms till(] eclndilinnS SlaceilIM in this RFP, '1 he additional or alternate Bid mut I ect or exceed millin]um requirements f111d must. be submikled by separatc suhnlimil marked "A °rilale Bill All Bids submitted as Alternate Rids shall be considered selmralely and iII&PUndell v 01'eacll SUBSTITUTED odiel'. I`ailure to comply wide the re'quircrue:ntti of' this Rf'Y in any one of thu .t icliiwir.ti of alternate (lids skill begrotimis ]or disqualification ell such Alternate laid. 6. Price Discrepancies where there is a discrepancy between [Ile prices offered within lire laid. Tile [11 -1 -CES ear anlnunta shalt ►a OUld prop isle tllc gr ulesl rettun to the City shall prevail. 1?. Cancellation of Biel Solicitation ["lie CCly reserves the rlllht 10 CaanM, ill Whole ear ill part- any Solicilalion when it Is ill the best interest e. tile City. The Clly shall have [lie sole and albsolnle discretion to determine which factions are in the be. interest elf the" Clly. E. Arel of Biel Solicitation 1, [ nca.all�� —']'leis Bid may he iwirded to the responsible Ilroposer meeting all requirellIellta as set ')I.tll in llie'Solicitaliom The City reserves the right Io reject any and all 13ids, to `a,aive irre�Ru 81-ilicS tit' 1CClIoiCali1iCi sold 10rc-a ck erose fiir cell or a civ pairl of this Hid Solicitation as decillcd ' I its best interest. The City shall he the stile jud-k! of its hest interest. Z. Unreason, lie Offcrs -flit Ci?v rchcl-1'C." elle right 14l reject any and Elle Bills il`it is delermined than ))rices al insuPicienl. lies[ oll4s`s ars: detc:riuined to he urnealstxlahlc. or it i., tillienvise detemiined to I ill the C'il\'s heti[ interest ler do so. 3. Negotiations —'l e C ity resell -es the rig], it to [l(',uoisle price I� i111 the 111-0 poser proN idIII elle hest 1illanciaf 1'ettlnl the City, provided 111.11 the Solicitation's scopo of'work incl/ill` minimum requiresucills relilalillS 1e Sallle. 4. Qualified Bidders A and of this laid Solicitation will 4 fly lie made to firms fllat have completed lilt! Registration -orm and satisfy all necessary li !ill requirCmCtlla tri do husincss Willi the Cilv. 5. Contractor Responsibility — I'M-SLI,111 to Cily CO(te SCOinal 18-110, elle Proposer's perlonnance :is a prime- contracln or Subcontractor oil prcvinus City contracts shall be taken 11110 alCCelntll ill eviluating [he Hid re ived Ior this 13X] Solicitalion. 6. A)v-arcl Information To ohmin ,l -oily cif the Bid tabulation. upon notice of Award Recollitileodatie}n, 111-oposer(s) may regL tit hid tabulstinil4 clr other mm—d information by comacting the Prnjeci Manager oullin d wvi iii ll1C .rlolicilall hill. 7. Contract - The Bid Solicilation, aIlly addcnt, deer+ IO. file sul)SetILIC111 agreelllent(s). sines ally property executed modil c idols Shall C0114li1t1te 1L' resul1,1111 contract. 8. Required Doctlmentaltion - Award ol- this Bid l •ly hC jlrCdicated cin L0t11131ia11CC• With wind Suhlltillall 017a111 I'Cgtnred d0CUllielliw as Stipulated ill t -- Solic;ilaaiioll. 9. Request for Additional Inform:pion — Thi City rest -yes [lac right to request and evalt alte 'Idditltitlal i1lf'0rril.1[i01I fi`Iml 131'tiposers ,alien the Stlhnll. ~hall deatdline as the: City- deeim necessary, F. laid 13olld/Bid secglritL A cashier's or ccrulle:d Check. elr a hOnd sljHned by it I-CCO nixed surety Coil filly' [[lilt is IiL'tiliscd to tit) business ill the State of l•lorldaa, Naval 1C 10 111C City' 41'Mianll, liar' 1110 M110tlll bid is regnll'ed ftoill all proposers, it) tilt' extent required under "Special Conditions' or "Tec llnic a1 leciticalions" l bice SCCUrity"1. This [lice Security guarantees that a 13roposer will accept the order or a� -eluent, as bid. if' it is awarded tap sand l3roposcr. Proposer shall Forfeit file Bite Security to till City s held City award contrlct;aigreemem to 13roposer and I3ropt ser fails to accept oic award. The City, reser s the riulit Io reject any and aiIl surely tendered iti ilio City. Hid SceilritICS ta[`C rcltlrllcd lei unsuceeSs I N-011lsers tlj)cin ticllisuld within lifleen ( 15) clays after the award and Successful ['roposer's acceptance 1'aia mrd. SUBSTITUTED I1 ninety (90) days have passed alter the dale of (he f7orinal Solicitation closing dale_ and no contract has ])cell nes a l'dcd, all laid SCCIffiliCh will [)c returnrd LilllJll lfenlancl. l allure tel exccutc all UtYC nitrlt L111drol. file an acceplalhlc 11CIA61-mance tionll. t,he11 required. as provided herein, shall he jird cause frlr tllc tlnnuhllent 01'01e ilWill-d ,olid the lilr161LI c cil'tlle Bid Security to the Cily, which fllrtelturcF sll,lll hr Coils idered. not as a penalty, hL11 in miti .aion of dumases sustaiI1Cd. 1'hc atnlnultt ()I'the Bid Security shalll he ar liquidated slim, which shall be due in I'Llll in the ent OF C[Cfault. Award may then be made lri the next to esl responsive, responsible Proposer Ill' I'tf fclsall I1tC1St alcly`nntal"ec7us 1p tyle CnY C1r1711 res]?111755 111a1V be rtleetrci. G. lees onsivelResponsillle Proposers Subject Ill 'it4 nl`Miami Code Seelhalls 1 L95 and IR -1i]7, the City sluill have rca5un,lhlc diserctil�n to dwil based on whether the proliosin4- entity or -illy of)[S nlenlbers: i) ale • in arrears to the City %7r any debt or nhligalli011; ii) ha Ve ally uncured elztaults or hay e fueled to perl'orm ndcr the terms 1st"ally alb>lrrllfcclP Cir contract wi111 Ills c1ty or Other quo enlilleill entity 11'ltlllll till: pint tell 0) years; r1I) Eire Ill 1lelalult under alily aurecilicut or contract with (lie City or other �Tp%Tr11111Cnt entity L7I [lie dale ar111 lime the proposal is due., iv) have caressed [isles, penalties" lm or simil lr impositions to � Ick led against the City; v) have any pa -m, prcmil or oll-goillu, Iitivaltion iuilll the Ci (w miler uo ertill int entliv; vi) have filed and not prcvatiied ill frivolous lawsuits. tiff that term is defined by Section 57,1 I1 . if the Florida statuleti as detern lined by a I final order nt"the Court; vii) have ]plat" present or pendillL, in ('11 llttll`}' 1%11 111;11CWi , IICILrldIIh)tIS, or 101'ecliIsures Within tilt' past smell ( 7) years cell projects or busines, °S they Ilavc hulled, operalled, or controllcd a majont1 Interest (i.e.. neeIlership 0141011 peftclll { ltr'a„) cx IIC1re ofthe cially slocl% or shares); viii) balk [)cell liiund liable by ani" leirill or aldlltinistra(k e entily vial ny proceed i lit's 141r emli' i illlenlall damage, contanim niton or -inv wher etl�•irllsullQ1lta1 liability: ix) hat" f"JIed Io disclose invokement in any legal or administrative proceeding's coliccrimig emironnientall c Ilmtve, contamination or any ollicr elivirmilllew-111 liabilities,. whelhcr found liable or otllcrwise; X) have well debarred by nny pub] it a-ency or been placed ill the clnlvicted VC111101", list 11UNLIM11 til I lorida Su use Section 287.133 or al similar law1 xi) halve Iailed to disclusc asny of the above: or xii) lim e otherwis been deterrllilled AS Iltl[ respllnsivc 111de0l' responsible us defined by Sections 18-73 and 145-95 of the Cit-, Code, aad by the laws or the 51.11e of F•"lur'icla. Similarly, any Proposer, or its principa l(,$) that is date Bocci by it Court t)fe,'illllpelelll jllr'itit{kctioii (thiel All due prcicess [�1` lanv has been exhausted} 1D br lialbl tier eausin dalllle to tile Ci[v, directly ill indirectly, Shall be ininiediately iespolltilble 1111' pavineill Cl ll C)ildt-Tatent or fines. [('tile Pruposeror its principal does not pay 111C JLIdgi11ellt 01` f lleS, within filthy { days alter [he (kite oithe City's writlen noticu, cither durnlu the solicitation process or alrly role durll ' till; tel -Ill of anv murceil1L11t awarded pursu'lnl to Ines solicitaltioll, [Ile City shall have diSCI-C incl lei trill rcliauc;ly llisquallily the Propllser and tesillinate ally a-reenlent catered. into lsul-4u Int in this RUT, with no tiler cure riPllta. Ill flush event" IIIc City shall imnlecliallcly own any Improvements 11t5 blrilt oil file 1'rclperty', �'itll no responsibility. linunci,ll Ill• oillenvI4(:, to [lie Propser. It. Bid Pl'cltest All bid protests shall lie processed ill alccorcmice with the procedures contmi Li in Section 18-104 of the City Code. All of the requirements and procedures specilied in Section 1R-1 shall be ma1r1Ctal o y" Ill 0i'der to properly rile and proceed with at bid prnle- tL Section 148-104, as isle salol may be amended, shall he CIcellle11 as incnqwraled herein as it•sel lorlh in Bill. SUBSTITUTED 1. Lalss and Regulations 'I'llC SrlCcesSl_ul Prlrposer shall comply with all applicable laws, codes, rules, permits, approvals, and regulallons applicable: to enter into the agreement specified in this laid Solicitation, The Proposer shall c:olllpIN l4iill all applicable federal, slate: alld local laws that nlay of eCt 111c x4cu6011 e71'11n aLYerlllellt. .1. Licenses, Permits, and Fees The Successful Propow- r(s) shall hold all hVC11Sca atld'01' CCrt1t1Ca1i0lIS, 1lbtaiil and pay liar all permits ltd:'or 111Spectiolls, and comply ivitis all lass's, ordkwncC�,. rCLrtll:1601IS and b0ildinu Code rrtluirenlcnts Ott licable to 1110 a ltr4L imil re;quil'cd hereitl. Damugcs, penalties, and: or fines impowd on the City or it Siie''sslul Proposer for I'ztilurc 10 Obt.lill 111d Iilailullilt I°Cttuirud licenses, ceiiilica►t ons, permils and or itisl) ons shall be borne by said Successlirl Proposer. It, Resitn 51111e tiVtues; Livid; 11`algr Mlle Succ;e'ss . l Proposer(h) :Ilafl collipiv w illi Stxilwi 18-120 01' lhC Cily Cr1du, titled Re,pnlisible Wage Conitruc 't,ll C.'t7nll'alcl», to rite cttlnl £ill}llicablc lt, ally Clet'Cltrol7EEltllt 1711 City -owned I1ri,t7Cliy. EilioNC'n1C:111. 01' x0s ordinance maty require the Succ'SSltil Proploscr to furnish the City lc ith a monitoritiv JCL' and I ay require the subilllssion Cita pere:t'11 ige of the construction cost Illto all escrow account, Addil ional lyXle Sut:cessltil Proposer(s) shrill comply with Section 18-556, cl. sett. of the City Code, lltled Living ' agC to the e.xleill applicable. I„ r�tiSl�l1t11elkt- Unless officrivise speclfled ill is Solicitation. the successful Proposer shall licit assign. tran-d-er, ple ;; e. comvy, Ilypotllecate, lir l lcr isc dispose of Iheir Proposal, lir Subsequent lease. includiny1 any riz,,hts, title-' or interest therein, e- its po41'el' 11) CNCC"ulc SUC:11 C'171111'ad tO ally person, ct31111"lainy oil cotporation W0117ul the prier written -anscnt of tllt City Commission. which may be conditioned. rr'1t11IlcIC.l, or rcl'll5ctl. XI. Indemnification The 5uccessiil l Proposer shall utdenlni fy, derell (at its sole cost and expense), sm e, :incl hold harmIcs-s the City and its of'ticers, 01'11Cials, employees. age IS, agCIICiCS. and illstrrilrlClltalih%t S li'onl an -v anti all aCtiol3s, causes uf' action, legal, equitable, rcgulatol , adminisirati e or of ei-wise. liability, losses or d tninLms. which tllc City or its oll'ic s. cmplovecsw "if nits or 1114trrimentalilies ni-,iv Ineur as al resuk of' clatinls, drillanlf, suits, catisCs c,f autil,n.; c,r proccctlinw=s fain}' ltiillld til' ilatli!'e: rel"Itill7._' toll of. reftttinu to or resultin1_1 lilt}ill the 17crfurnIll iice, rlt�n-peri llnlrlltzt, or -Qaich al the agr ement by the Succuss['iil Propo'er, inCIMIJ11ir Witham lllllihili0li Clic split nation, eval :ttioll and mks lyd o lllc Lease, the lata . possession and Temincy unci all a otivities or on-lissions thurc Il, the tfcsi-n and construction of all improvements. betterments, additions '11111 structures, includinL the: nrrintell.InCe 911d uSe tlICI-COL cntlltiliancC \A'ith all applicable laws, coder, o•ules and regulatilsns a d p.lyillem of 911 debts. ewcnstti, cysts, wind flues than are the resp(MISlllllily 01'111C Pr0170sel' als thC'y Cnnl due:. 'rile Foregrling 1111.1ettm1ty. I loll I larmluss and Duty tl, Deterrd shalt indLICIC the Pr0j10SC1- alild: or i • emplo}ices, agellis, sel-aims, partllCFS, p1-inLipals 01' ISLIbcontrae:tors, jointly and severally. '1 he Succe- All Proposer shall pay all Cd3i1115 911C1 IOSSCS 111 Willlt'dino therewith, ,nld shall invesik-'ate and defvIld it Claims, mlils 1,l''Icliolls of any kind or nature in the naulle til' the City, w1jel-e applicable, including alp 111nic: proceedings. and shall pay all costs, judgments, and atim-ney's t1:cs which Wily be incurred t on. 'ncc SUCCCSs1111 Proposer expressly understands and iwrcus that any insurance I-Votedion rctluirct y this Solicitation or subseclllcnt 114.-1-0-c lenl, or otherwise provided by the srll'C't'_SSFUI PrOPOWl- Sha 11 iia u, wav limit the responsibility to indcnmif�, keep all([ save, harmless and (IdUld the City or it, of °ers- officials, employVes, ugun[s, agencies, all([ i1IStrtunLntalitit2s is hci'4in provided, WhIC11 Betty S11a dic cancellation (7l'the 1.e"a se, as may he applicable. 12 SUBSTITUTED N. Insurance Requirements Prior to exccuticln of the agreernent by lite City, the SUCC SSfUl Pt'opnser sell]] itlrMS11 to the City Cel-tilil'ateS(S) 01` 111SUrance that indicatle that insurance coverage has hcen olltainecl lvhich elects the requiremcnis as set forth ley the City. The title andoi, numbel-ol`IIIiS SuliCit:ltiurl Ilur11bCr 1111151, aplrcalr rill ellich Ccl"lllicale. All policies a11dior cLrlillcilte(s) of Il]SUrancc are suh.1ccl to the review and approval by the City's Department of Disk Mmiagument prior to approval. 1 he ceirtitteme(s) of insurance shall substantially comply with tell• insurance requirenlcials listed in Appendix S. Cerlilieates evil] indicale 111t no modi 11cation. lapse, or e11anLe in ill L11-i1111•e Shaul he MMIC Wilhalul tllir(y (.30) cloys writlen notice t he Celtitica}te Holder. I I til,stlraillce ce'rti hicate.s are SCIledLlled to ell)ire durine tIic coutracttlall period. the S cCes5ti11 l'rc,l)0.Sel ,]lull let responsible fix• su11111ittinLI Bete Or rcnceved i11Sur.111ce c rliliealc(s) ti's the C at al 111111imulil ol, tell t 11,71 calendar days ill [ILdvmICC Of such expiration. Ilse City ol- Miami Uirecto li the Departltleut of Hisk Nlanagemem shall have the right to uiriend or solicit additional insurance-quirement; ns heeded in c01111CCti011 11'1111 the C011SMIC 11111 01' 111a1la EMICilt pNLISCS (if [lit Pr(lico. U. Auditor Gl'! ral The 0(i rc.swi'ves l e ri-lit to require the SUCCCSS1111 Pre+pusCr(S) 10 Sllblllit Io an 1ludit by elle Auditor General or other 1U, 11r of elle City's ehoclsinL ,it the Prt,llnSer`s cxpense. The Proposer shall provide access to n11 of its recti is, which relate directly or indirectly to the suhjcct agrcement at its place 1,11' busmess dL1rif12 reL1L1lal' ht . MCAS Mears. The Prol oscr 517:111 relain Bill records peltalininu to the a-reemcnl and upon rcgLICSt make.thell lvailaialc to tele City to] -three yc:lrs ttillnW i11g rslliralicln of tele a€ ieemenl. The Proposer agrees to llrul ii slich assistance as may be necessary to incil-Itate the ret ieee or audit by tilt City to 41151,0'e C0111141MACC 1k I allllhcablC iiccouwhiu, and linioncial standards. P. Collusion The Successfbi Proposer recornmende: fOr aev u'd a.5 lht 1-Csctlt tit a c0111pltitive stllicilalloll IOr any DREAM project including. but not lin 'I I to, C1, purchase, lease, Permit. collcessioll ol- IliamLernent agreenient, shall submit the l' on -C ollutill.,li . 11idavit ineludcd herein as ApllrMIk 10 tinder penalty of PCI -jury. The Non -Collusion Altiid.)vil proync _, either that the Propascr is not related to or alliliatted with any ot'the rather parties bidding ill elle coop-titive solicitiltioll nr identili45 all af•liliatted orrekited pill -ties that submitted a Proposal in ter. 5olicimli 1. The No11-Collu,Ion Af idavit Further tiltests thal the Proposer's propsal is gen l int and lira ill,lill I,I° C IlLIS ive Or 11UNIC i11 lht IlitCi"c51 01. 011 bell 111 ClI any person ilot therein nanie d, and that elle Proposer 111a1 nn direetly 1,n- illcdil-Wiy. IndUCCd or solicited any other Proposcr To Put in a sham propoml, or any lltht'r lerscm. tirnl, or corporation 1c, refrain fromprrspllsill��, .lrld Ihat the I1rt1l1n cr has not, in any iminilrr, s1 lgiit by Colltisi�,ll to srture to tete prLillLaSGr all advantage oNcr any other Proposcr. In the event al rCC1,11111 -nded Proposer identities related parties in the ccll11jMitive S011CI :Ball its bid shAl b` llrestlnled 10 IWCusive alnd [lie rccomilla ndcd Proposer shall be hieligiblc Im- au arc] unlcsS plat] presumption is rebUtted. A v person or entity that falils to uhnlil the required alflidaeit Shull be ineligible- for contract award. ]=nil -C to pl'clvide Idle N'011-CoIILISio1] Af id.lell With the Prt](1OSA Ot' lylthlll Ilve t j dalyS' rtclilest by the Cily, 5hAl he cause for the contralclor to forfeit thele' Bid Securily, ifapplicable. Q. Propi-ietary/Canticlerltiallnformation Proposers are hereby notilted that all information Sub111itted as pall or, Or ill st ]ort ol'bid submittals, will be available lair publie inspection anter opening ol`bids.11roposals, in compliai cc %vith Chapter I l ci ul' the Piuridtl Statutes. Pralpascr(s) shall not Submit any ililormaltion in response 1 [leis Solicitation which the Proposer considers to he al trade secret. 11roprietaly or corilidential. `l'hC s1, lllissioll olany ililornladlioll to till' City Ili colilled—lon with this Solicllaltlon sllanl he deemed L'.L111clusiv I n lie 'a Waiver Of ilily track SM -0 01' OtIM' 111'01CCtio11, Which evotllti ldhc°rwkc he :ivailalble to Proposer, l the ce'cllt 111:11 the PrO ff)Sel' SLlllnlIts infm-mallolt to the City in vltllltion ol.thls restriction, either dead -tently or 13 SUBSTITUTED intentionally. and clearly identities that inl'Orm.11 on in the bidlpr[ pwu l as protected or confidential, the Oly may, in its sole di,crctivll, anther (a) eiullinauliratc With the Proposes' ill writing, in an cl'li+rt to nbttti11 the Proposer's written withdrawal o the L'on iduitialtty restrietion oi- (b) endeavor to redact and return that inforin aiian to (lie Proposer .iS ilnickly as possible. and if appropriate, evaluate the balance oftlte proposal, R. Governing Law leis solieila(ion and subsequently executed noreemem, Iilt'Itldin� aplicudim,, and all matters relaulig, to he agreement (whedicr In contract, Statute, to['[, i'eF,LIlmory, administrative, or otherwise) shall be ga7G° ni11 Icy, atld cunstruzd in accordmice with. the latus of (lie State of l"lorida regardless of the doniie [ C]I 71iy Proposers. Isclusive L'eillll SIIaII he lII1h177i-I)i7ClZ('ouniv. - SUBSTITUTED I11_ SPECIAL CONDITIONS A PkUPC3.5ED PROJECT The illli>rlllatioll cc+nlaiocd ill tllis RFP Is Published solely' 101- the purpose of ill%iling Proposers W Consider tllc Pn jecl described he°reiii. Prospective Prilposer5 should peril rm their devil clue dili€'Lucc i11XCS(ii,lti011S. pr0jCCti0115 WILL. 1.011aICr (fiCil' OW11 conclusions W11110tit reliance dlpnll Ills Pre-111-opos,ll Suhmissioil Coot'crcncc or the mallcrial comauled hereii1. Project coals The City wishes to redevelop the Property iota a mixed use waieriront Matrina. providing 111 -St -Class Services in tourists all([ residelit, Alike. Hle Project shall combine the tic o mannas csetilly on Ilic Property in order to C1'Ct11c a alrli#!dd dV.Sl1lW1i011 withrn ille City. This RFP se s to idelltily the propox al dleemeil most adv'eln111LI:clus Ice rhe City, laking into L'd711sle1,1t11111 Ills k:V�lItl,itld)Il crit eii:i 11', led ill section II1.C.2. below as we]I as the following tlhjed'li 'es and guidelines - a. FC101 mic CN!jeetives • Ing '_asc to inanciail revluro to elle City: Iitlpt' vc rcvcntie-j3r'otluc inp capaeity of faCililies; • 11SUrc lart any proposed S111611,1ry or Cc)l I)Ienlenlaty Claes Iurd-ter cifli.m ;e the destinatidl market appeal; • unlite the .v;aliltlllle Propel-ty to maximize its economic potential subject til the resirlctiom se Berth in this RFP. b. Planning S I awl. L s Objectives • Aill'eld:t residC111 illi visit N tO the puhllC W,11C'r1i'l 111 SO tllat they Ileal]' ellloy Hisc-,svlie Ko, and the aritime selling of 'V irainki Ivey; • Coni LrI the exisiint, faei ' ies into at modem world -Chess facility usill� stsllc-ol' 01c - a rt techivilmn, ,incl include -tticillary drsd:s that complemeni the Property's-'etling anal ,eovraphical lod'aticrll, � 111 Cd to stillullalc public use tl#_ mid Widespread itlicresst ill, the Property; • I'1't)1A& Jor the develoj?nlelit Of. mixed-diSe 17aa16110 ,incl waler'Iront desi1n,-Iil 1n, poi-traybig- a unified ante integrated lairitlal Ihat scmillessly interacts with adjacent retilalura is and f=iciiities: • Allmv 1'or ealsv access to anal lhrouwfllou the Prolmly, including lila: development def' at full -width lay wank that matches tli � desisyrd e'LIsi of Marine Stadium, and provides sca mless com-lertivity Ircarll Mm-ine . lac#;dill to the cxistin- Rosty Pelican I'estatlralnt (Consistent vvilll Miami —'I ]; • l'1Y111INC various active public: uses cifthe site thi well enhance the overall polhlic llene#it dcrivved from the Property ill teretes of tie, visihilily, envilvillllentatl prditectiort, andl financial return: • l'ropasers should consider devdopinf, and operating ill Project at varying price- poiills, itic onooraI iilf or exai»plc, :III CIC1Tl 1lt ofcasual W. erfiront dining, itl order I0 irlcrealse public accessibility ortllc Project, • Preserve crilical and scnsilivc WildliIc'11—e4ls;: ■ Pvm idle ILIcthties th9l i-cpreseat flexible designs send iconic a clition-grahlling hoildings dolt function yeah'-ri}rind tier dlilily mid nightly activities: • .Glaintain lim- mmiy hem ceil the design and architectilre of the lle a 11CILINS 011d I les iconic architecture of the Mia nd Marine Stadium: 15 SUBSTITUTED i)et elop alt atrrtly or recreatiomil LL 11tCrlrc7ltt uses operated by manai ctllent experience(] in Nvaterlroill programming in order to attract increaising lllid varied S01111r.IiIN 01'01C local. regional and visitor population; DCVC1011 tits PI'0j Ct With C'olltildCranions madc for anticipated sea lei cl rise using tilt: USAC V 1 huh or NOAA I li-hi curie c°alltdli:l or 16rsCtl Ic,,el rise projectimis: Urban Design Principle's S Guidelines ■ Use ell' dw Viruinia Key Matstcr Phall JVIIICij)ICti :Is a QuidelillC rclr pr01z(ISCLI Improwillents alld [Ile PIVICct's atl•c11i1(:Cftlr111 k111d',Ca1pc fe"Itures; • I:nlpllalsis oil public access tllro(Ighout the I'rolt avl with Satre pedestrian coilliectiolis anti Calw til aiccess betwecn tate filcilines and the s,un-tlllndinL areas; • Improve lbl;mna aCLCSS points iL'lth aestlletically attractive bu lermll lC'altlires thl-MIL111 11.11`(ISCLII1C 11r SOI1SCLipc c:lLnlcnlS, • utility infra sil-LIC[ares shall be pla1CC'd lIll(ICIVII-Otllld (it- within chascs below grade, wllcrc 1Ca.51l3fC; • C IVROVC Ilse of roatdWay iii liting, and distinctive exterior lighting is encoura cred; 'roei(le rortdw.iv and decorative lk,litim, lilac has minimal or no impact oil tllc 1 til[)!'][ I1a1Si11 Slid cm-irotinlent; • 111t: '1)0rat iou of �)CLICStI`lalll-SCaIIC (lccoratILc IiyhLill U, as WC a45 low-toveI path and la Ild\fa�adessliould e i ccerlI IIghtIIIL; • Arctire and kind-watlle should alCliliLlL1 leduc ll1(' tropical Climatc ill tine r(gion azul , ute to (lie pedestriaui and civic life of the Project: ■ h-O11t Will i iews ofthc bay from Clic facilities, ■ f'rtnc(lnlil Ia}lts 111lblir open spaces that alcknaiLi lc(fc tllc tropical clintallc ell' the n by pr ►-idiliil si�Ullil[Callj lands DI)e design, shade and coverage thl-OL1 F11 (lie If substant ' I shade 11-M alild Spee1111L'11 I)AI1i varieties: • Adaptability ailcl 1 Kibility to inlegratG tiitlt any l:ltrltrc Vireinial tat+`-iLi(i( tl rt:lLllit) systems 1,u nr,1y he tiCL CI (}pc d; • Adaptability hal illCra" e( �axulin ritiltis due to scat l4t'r I rise: • Builfai ades Should hC Zll- ed 11nd artiCLIkIteal to invoke visuall interest: ■ S(^cory c;lltl`ies from ullrrl ' LialkLvatys are also enC(stlraicecf, Virginia Key Master Plam f5111 iii'Cal-iV1ClZ 141at51c r I'1a4t1 Mals bc:Cll idClC7pll'(1 111 1`Ill(Ilile l7y tltl 1V1killllt �'lty C�C1CtintIS51(lll i1ilC!' NCeipl of pL1llliC inixll- The Virginias K cy ]Master Flan sets filrlll a h0liS6C developlliCllt Kinch filr Viruillial l:Cy, 1l is IhC 11ttCn1 of'this krl' la1 C, _( age anllitc Pally pllnlne(l and d�tii`rnCci rleLcloptilrrll vision lily [tic Property consistent with a l to the Vil-illiai Kcy Master Plain to the extent limililted by law. The Key lgaster flan is ineludc(i liercin as Exhibit 1]'-• Additional hiformaition coticerniVirginial Key Master Piaui can he obt-uhied [r mt Clic City's Ikpar'tnlcut W' Pla iming and Iinu, and laid be accessed lrulll the following Site: 11111):_ll'll'LL',nllalt1114'lli'.Lotllrlllalnning,'vir=.pit'ake mp,lilnil Required Redevelopment The Successful Proposer slut)] be required to redevelop the property ' I the mariner specified t}(IuLL'. :1(f(liticlnallly. ll[e SucCCtisl�tl Proposer shall tnlintalin the 1' petty in First -Class operant" colidltion. For the purposes ol'this Ill P, "First Class" shall ref"- - to [Ilk Ilse orslate- ol-tile-art Or Ili�aII—radc ted iIiolol-Tv, materit;Is. 11(I smites aCCirr(Ii11L to uc'cplatble II Id Listry standards and applicable Ia ws. 1:1w Successful Proposer shall include (lie in rovetlicnts :Is specified belmv. Subsections (Lt) through (l) below the mandatory requiremel '; faihure to iltcorporale silly of fliese mandalory realuiremcnls in the manner specifited herein . tall result in (hscluallificaltion orthc subject proposal Its non-respt:lnsiL-C. 1 (3 a. ;13as•init C,rnerfllf� i, NInxinlirc boatin), access and trallsictlt dockage: participation rellecting concepts in the Master Plan, in complir1llce witli applicable laws and rekulatia}ns: ii, Reconslrtu:l [lit: llvo mat ims. Into as unified marina and provide flir-beat lltilizallion oCavailable :;pare for ciryr rack stora,e, vet slips, and,lor other uses, Ill. New marina it) include all F[)OT precast {lilts equal to or grealer than 14 iv. Design, refurbish or rcctmstruel the marina pavement to tllcet applicallllc design. criteria] rill' apt?ropriale vehicles and loads to rc. ult f rola 1.11c 111°01lalsccl 111aa1-ana use ill vismllly appealing manner,, V, Should IalClUde al Illi1i11111,1111 NIMIX (9100 Classic) mbar ill 111 11OUred in place pale caps; Vi. Ctitlsl11101 11 LIOC1.1111ent4 Shall be su}lject to "peer rcvicnv" of cfectrical and structural design; ~,iii, II111,nor and perinicter ivalk-ways sliall he a Illllltlliulll of Riuriccil ( 14) A. 4% 41111, 13tailclimus shall be no taller tha111 the ero��rrl [Rile Ma11-ilte 5lauliunl, attttl Shaul slot significantly interfere Mill rite siullt lines to the Niitlnli skylinc 1'rom the Malrine ' l,ltl Litr1: ix. S -li age Shall be desiviled to jile t compatibility. unifiirmity and size standards "I'll ha cick a]ot co111110c With [Ile alrchileclurc. O1 the de4clopment, and that Comply wills , 1plicabPc rvhami 21 zunillE.; reIfttltalitlals; x. Marina -hall be required to achieve and maintain designation as a "cleat] and resilient it 1rum" 1s ndministered by I-°DFT, to the extent appliclible; xi, Dcsign dial hicorpomic eILmL il'i Of'111C Ita IMM habitant and provide a varicd and plentiful pale of meal native p1mit malerials, which are. 100"0 native and "insist ol-PlIaalls tat comprise tile coastal hclnunuck habitat of Vir}aiahl Key-, xii. Mangy loves sh:11i b incorporated along tilt: shoreline, where feasible; xiii. Desitun shall also tak into accounl the protected natural habitats in the area: xiv. Proposers shall be r 1ulred 1t1 l7rotiicle rlilical Wildlife markers. %�hcrc applicable. xv. nevelt}pment or tole mail, .1 shall that impede redeveiopnlellt oC the Marine Staad-IL1111. 1141 Slips i. Maximize the number o('tvel slips o -ite it1 Iiglit nfnlarket demand and revenue generation, ii, No dredviii- beyond mainienaance dred, it, to a unilbrm depth of eight (8) or Mine f cy) fV shtall lac GIIJsJw�cd; iii, No Nvel slips will tic allokved within lllc 111. toric Cunitl adore Monroe onroe Marine Staditlnl 11 istoriC Clasirl. A runt] of -this L 'ea is oil file and =k0 able firom the ('ily or PVfianii I f istoric and I'm Irorallmliall lice ill the C'ily Planning allcl Zoning Depairtllleni: iv. Renowlte or renew :all Ille bulkheads along the en I -e wel slip marina, and maintain Ilse dock bulkliead wall in good condition for 1c Lease Term. subject to applicable rules and re` ilaltions; v. Dock construction shall be concrete docks nr ML111111L 1 floating docks. Ilme4 er, 100"0 IiXed COncrUIc docks are prclirrcd. No woo( 1 docks shall tic permitted; i, Docf:s shall be desiumed to sustain ea tupory two (2) or thrt=e (3) In -ricanv with hoats ill the %vel slips: 17 SUBSTITUTED vii. New docks shall include Modern dock dc,,Ign. with sufticicrlt voltaic. mctered waler, ailld Mier (itlhly I-equil-elliVIIIS tl, i)I IViCIC lily thr 1-11701)Cr 01VI'ittl0rl t)1 illost Ill(KiC'I.11 1)MIS C0111111CIISLIi-MO w1111 J[IC ,lip sire; viii. Dock:; ,haul be separately nlet �frcd,; int. PI -O ltle u(ldgtlalC W110Lrlit ol'tratisiem cicickzi,c 101 a 10111a1Ld '001-aille sysIcIll; X. PI-MWe lnrH p111111C: Wittl:l' RAXi 5101) L9It11 110 restrictions on Iitllml, or utiC; xi. Providt! kw smaill bilin, kayak, rind salilhoat remal COLICCS11.1011 SIIpS. r. Dry Boat Storage i. Maximize 1114 number ordry racks on site in light of -market demand and revenue general inn: ii. All dry racks must fit Lvilhin or around the gencral area depicted as the fiiotprlltl for dry haat storage on the Master Plan, iii. Tlic dry Boat storaoc 111.614y ttlay tilt exceed elle height limitation (crown of NIau•iile Stadium) -,Ct f+x7ll ill the Master Plan: v. Provide for an nutoninted dry ixlatt SIOR111c filCllity, iticludinll b0ilt Wicl scrviCcs and !inline Station; d. Resta 0 tr [V[ajc�r ccs )L'itis,us to the restaurant. rather than (lctuolition and developmenl, are it the option of c Sticccsslu) Proposer. Ilowevcr, [lie Proposer must ensLlre plat till restaLiranl tic hies are in Full Compliance Willi fill current and alipliGalzic Irticall, st 1lC =end federal ]Clea code, regulatory. Ileillih. life sttt-ely'. IlCentiill retltlirenlrnt itickldiilg LL illrcxll linlilrltit, .ill applicable Americans Lvidi Disnhililic., ,it'I (''e DA-) requirenlcltts. Fac11 Oposcr nl.ty propose to 11x!1 c OLIO 01' 11101V XStaumnts on the slIC. I Iowa cr, Ideate nolc .It the number of restaurants prov Ided in the Proposal shall not be cotimdercd during cva LtIioIt. Howevvr, cclltli"LlGOian;Ind use oCthe gilt, iIldt1di]ILI placement of'restaurlilts, n • .be Considered in the overall nestlietics and functionality of the desi11 Proposc�Ll. Tlie Sticcessf'ul Proposersha111 n1.1 Malin {111 I—CS( turanls in guild eonditioll tied repair flor the Lcalsc '1-crm. Additionallv, at ;taut€lilts shill! comply Lvilh applicable statwes C.CIncertung wention of lips 01- poly lent ulltler seclioll 07(i) of the Fair Labor Standards Act. c. Dock N-laster's Office Construct a 11OV, multi -story dock Illtlsicr-e, consolidating the dock master's racility ill botll Iltarilms. f. Shill's Sture lntor'I)tlr'auc al Silil)'ti Since p1,Iviclil7g for stile any nee 'sary it7veutL)i'y or supplies it1 sleet marine vessels' daily ret-luiremenls such as rclot . Lvaler, cleaning,* supplies, tilc(liCiii su1)plic5, S€IVely supl)lies. Spare parts, or any otlle euaomary ecluipmem kir Supplies needed lilt the natv'iga;lion. malrine recreation nlalinttll nuc, ;Ind operation nl'tl Ship. 1'ud Station I Construct a new lild Station to be locarled un a duck in ills % -st end tit (lie Property, it. Construct all tt[isliti ,Ilali lite! 4lation in the Llry l)L)att s[itralc =!real ;is n I d al)r�Le lel proviclr till valet scl ices necessary lilr at first Class automated f lcili ; K SUBSTITUTED iii. All lucl sr;i6tms on site must comply vviih Spill Prevention, Control. and Countermeasure (SPCC) ri;ptIitions, to the extent 'applicahIe. Provide a filutteen (14) ti)ilt WillillOOLls bctvvvalk within the Propeily bOLllldtn-ies 10 SCrVc its a watel-lt-011t pronlenatic along (lie It storic bits 1. This baywalk must conform cv illi applicable: rcuul,itury restrietious antl PLrldclinC',. illClkldiil�!. bit( not limiled lo, (Ile N I I a m i ? 1 Zoning, Code. L Access Road The SLlCCCSsflll Proposcr shall cither: ( 1 ) maintain the access road indica(cd as Parcd 2 in the survoy ailaclled as L.Kllibi( -'A L}r (2) provide in ahernaiive accc;ss road in a substmitially similar vicinity as that inclicatcd as Parcel 2 in the SLirvev altached as Pxhibit •-r1--. The Public, including tile.ivents, crmplovees, and invitees of ilie adjaccnt RLISty' PC11Ci111 ItestIlLlrant, shall be grunted access lo. over. and across [lie above- \ entioned access road. j. P111IN Boat 11a111p i. 1n, dusi*lt. Permit Gild eilrlstCLlt t a jilll3hC beat ramp and llela(inr; duck, 44'lltch sha be Iltcal(ed vv ithin the Propcl-ty to (lie noillmest of' M iLimi Marine Stadium in a s filar location l£.1 where the 4iistln' public haat ralltp Is Currently located, it. Provide )lallrlitlg, SLITAMil,`,. &1110lition, lanclsUlpe and arellitce(ural ck�sign services 1 ' the. Public boat Ramp: iii. Provide Cc struct 011 ildIllinistraii(m Services. inClltcliJW prelrill'iltion 01' comstructItill .. I documents- eilnstruclion nionilorino. :ipectt;l inspec_lions and close -Out: iv, llarkinw- liar (hr 1' lic Fac at Ramp rattly ter provided off site a djacenl to the Properly. All inilirtlyenatll(s must lett c:clrlSIFL Nil d tet the Proposer's scale ;else and expense. All ilnproncments are to be applied tin', iermitted, nl- 01her4vlse appl'taved as required by applicable laws, Codes and regulations Ily tc Proposer or the Proposers authorised tagcnls 11' applicable. Ilowever, the Citv may assis elle. Sticecssful Proposer by providing; City documentation that may be required liar Eta 'nu. cllaniles, PZAB hcarings, and gr rat or lmanc;ng applications, at the Cltv's $ole discrull ~1, pursuma to availabilily and at no cost to [lie City. Ili the event the Selected PropoNer is unable t(1 dev'el[. ttliy partion elf the propcl-ty in the lilarltle'i regitirecl by this lel P. 1c,1` r'e€1St?Ii5 i7LIt51flC [1l till\`1 ''such Its llcrllait ciettictls, rcr+ulalnry denials, City Commission denials, etc.) they be.elle+vveci lu constrilcl the remaining 11o11iolls of [lie Project at the City's sole dissuch case the City neat'rencuohatc is lower ininimum tlmlud rens. I to%v�cxer, in lill the City accept a rent lnu'e-r than fair market value. 1'tIditionally, the Successful Propnser and or Successful Proposers rte. tt*nee shall publish ill a publ;e spud; a marima waitiny list weekly indiealing, use ot'th Itt:lrimi 1. "I'llrlt to Ille public: subject( to applleM)le fres ;Intl ;Miler reasonable null-clitierintin�ilrtry crilel i, ult tl first -collie l.lrsks rvc:d hil"Is. 19 SUBSTITUTED 4. Ancillary 11' Ileilities The Successful Proposer may I1raMIC addi1io11,11 anlcill,uy I"061iliCS ,illd C0111p1ilnellts consistent lvlth the intent ol, this 8111 and the principles stated in the VirGginia Key Mister Plan,' SLICIl dh, 1(lr e?Xalnple. ,t market or other t8el[itY a icillary Til the Marina, The 0tv shall have [lie sole and allsolutc discretion to delerlllille whidi alncillai-v uses are.icceptcible. 5. Virginia KeN AlitHim Basiti I Iii: SnCCcssltll 111.0p osel. spall work with 111c City to desion channel markinygs li'om the 1'tlbhe Boat Ramp and Dry Tides Stora+,e faculties that Cl1Cotlrtlge motorized mill I(; to s.ltely navigate W and li-(lnl (he basin in it mallllier that lnininlizos boat Mikes and i5 respectful Of ills cm'i11111111011 as WeiI ay passiNV users, of the basin. 6,ianii-T1ade Caulity' Submerged Land fl'l mi-1),illc i'elunty is the fee siniplt: LM IM' sal` HIV subilier =ed 1,ti1Li it ,(IV to the Rick ibackur Causcway gild Northwest ul`the RFI' I'ropeav ("Couw1 . silliniel- ed Land"). As the eIVIN10- PhIll cu11-011tly contemplalles ,t polential marina expansion into 4114 County Submerg Land, this RFP cticouraites the Potential exp}ainsion at a inter date, subject tin all applicable Rules 0114 rek1,11A6lns- Please hole that (lie Mlrurli-Dade ('otxllty 1t WIDlee h --Lection I'll, 1 de.hncates ccrlain criteria unV SLICII C\I1:ltlyi011 511011 he sLlb'Icct to all aplp)licalllc mvs, im:1t1 lillu the cl-itcriai ip ecif led thtrrili. SLICcesstill N-OpOSCi IwII be required Io coordinate with the City and obtain ap prm,aI 1oI-any shell Cx1lanslon prior " subiililtln_r it 1ca1.111al application with the Coumv. Additionally. an ap plit:ltion will requirc _'itv appru+ al. Fol- the purposcs of this I., =!'5ers should 1101 IM-00dC deSiLIMS Foo- the potential ea:p,lltsulu and ~hall nnl lie c °alu,Ite(I on ~(Tell explansioll. Nevertltcless, the SuCC(rsslil! PropoNer Nv-111 nol lie 11wCItic] ed II n1 I)Llrsui11Q SLICII expansion at a later cute, subject to C'ily Commission approval as to scrape, ( sit 11, construction, fees, scliedule, etc. Additionally, the llelot�-5}lecilie(i redevelopment sells'( le slmll tiot apply to Ihls expansion. llta shall be set by the City Commission upoll approval - 7. Least' In (srder to be considered lisr the award of Lliis FP, Clic successful Proposer must CII(er into ,I lease and development a�-reement with the ty in sulimmili,llly the for -in as tele Lease included heveln a l.xhibit Additional inforn tion concerning the Lease can be found ill Section iII.17. below. 8. Term 'I IC L eztSe coIISiStS ofit lial`ly-Ilvc (45) yc ar initial lend, w\durnig, I? j liftccn (15) yeatl- renewatl (erllis. The lot,11 tel'iil, inclusive of b(ltll renewals. Tony erd seruilty-liVs' (75 ) years ("Lease: Terris"). -file Project shall be planned .int[ de. ill a contiguous manner, although there mmy be It phased ean511•uction schedule, anft -e a corresponding phased delivery of pons' scion. The Lease Terin shall comilleon c `eCution ell dw I.Case. Subsequent ph.lscs op` iii( lease Shull be Cotcr11161011b. i.eoncur m0y, with the initial pliase. Please dote, however. that relit may be delerni�= co Si11101'011 or wher negotiated iti`-alIUMICIII subjWtU phi: below seeiion Q cog relit. 9. [Rent Per City ofMiami Chailer itin 3(f)(rll)(13), the Cily of Miaml illay only Ica s( alCl'f -alit property call the condition Ili,it "the ici-nis of the eontl,let resell ill a 1.li1- return 10 ( Ci1v �{1 SUBSTITUTED based on two mdL!pendcrlt aippralisaIs," (Muer no eircuills, ta ncl may the Cily alecepl a proposalI fallint, below the fair 1larket taiue determined 1)y the two independent stale-certilled apt l-aisers. Ivor shall the Cily ,icecpt al proposal lalling bt lues elle 111iI1i111um Vase rent esti hushed hereill. Tile Succcssful Proposer"s project shall be subfeci to a second Lair market appraisal by two independent appraiserS til calsure that the return to the C ky is equal to or greaiter than fail' marker value ars required by the City C'hwur and Code. See also the City Charter Section 29-C3 for related regu11'ellielits. The rent shall be inclusive of BdSe Re11t M well as Percentage bent. Proposals shall include a slated coinmitmew of anllUal lease payment: to the City ill Illi' 1Llrill of a guararlleed base relit ("Base Rent") greater l ian or equal to Two Million Three Hundred and Fifty Thousand Dollar, (S-1,35-0,000) minuallt' PWS ,1 perceniage(s) of gross revenues, which shall neither' atdjusled Ileal' ot11om i`Q itlterprcicd to nica n net of expenses ("Percetlm—e Rent"), The Pe •cninge Retlt 1l1uSl be equal to oi, greater than six percent (611Io) ell• Lv et slip and drys storage oyer, isms, six perccnl ({;n:,.] (if` fuel wile,:~, and four percent ( 411) sublease income or orhes ilcomL reecived by Propo cr Isom the use of Ills Property, and any other proposed lease payment as well a1s a stated commilment. it) adhere to the City C'hat-tcr requirement for c[]nlpel .:alt i1 equal to fait" market value, In Order to ensa 'G accurate reCclyd-, 0t rel'C31LWS ail'e 1141 litaincd. illc Lea sc sluill provide (hall OW City sllalll h,t c l•L1lllillLIOU,; clectranic alccoss to all banking alai credi( card deposit informaliclll ants:( shat 'Mdil OCCII1lancy 111011lhly. Base Rent sharp be incr4 sed anlluall_y by the greater cif: one percent ( i'li.l of the previous Year's Raise Rent, or- all in •aw hated oil they amount indicated by the C onstmler Price Ittdex -is UI lllree (3) I11on lis prior (lie be"dill n, uf"tile alpplicablc asdjustnlent date. In no ceCot shall ally SLIC 11 a11I1Llal attiiustlltt to the 13aise Rent result ill an increrlse which is Icss than one percent (1"u), or more lllall live 1 recall { {' n), ofthe Base Rent ailllelltnt immediately prior to the effective bate of such adj Is 110111. Brie rent shall he Haid monthly in advance commencim-, with the Lealsc late. •Ise real Shall ICL acljustCd aM11LI Il1V according to tile: tonnula outlined above, Additional rl.11t ]Maly bC applicilble. as ntgntl, cel and speciEcd in the Leake. F'oi- instaucc, the Successful Proposer may also be required top 1v idc the City �v ith Lite 10111E}v,'Ing rents, basal on the contents of the submittal proposal allci Si iscquent t1egolialions; ( I ) relit paid dul•in�- construction ("Construelion Dent"), which sllalll h paid for [lit; appropriate period prior to Project completion: and'or (2) rent paid to maintai 1ensc and dcvulopnlent rights to ring parcels to be developed I'011owin,g the Initial phare of CIL "el[ll7meilt.. I f phoned develt}p111CM In proposed ("Placeholdctr Kent"). 10, Referendum Requirement Per Section 3(l)(iIi) o the City Charter, the Lease will not b0 \co, i! it Ilan 11001 prescrltCd and approved 1'1_y public re erQn&111. l.ea e lieggotla lions rlllltibestalltially concluded ill lime to be CLIt1,idCred by the City Commission it Cllr placementAeelcd Clevtliln ballot. 'File City together with tole Selected Proposer relay Choor' sent the: Project by ref' rcnclurrl hiring a Sclrcduled cic•ctioli as a " fli'my-bade" iteatt I cost aI'S125,000 currently scheduled for Nem ember 7, 017). Lir" nluV choosedule Special cltictitm(esliniawd cost ofS 1,500,000), tidier ofwhich shall be at (lels[ ;fru Xpe sc Of the SUCLCSStul Proposer. 21 SUBSTITUTED Hie Successful Propaoicr' shall be required to submit a One Hundred and Twenty -l- k c 'I huusalttl-dollar ($1 27,000M) dcpoSit I01- the CL1s'IS cif inCILidin+t the I'M' cct a13 all ltcnl call the halllot ("Relcrendulll Dcposit"). I lie Reierendum lhposll shall he paid by the Sulmccssful Proposer- upon approval by the City Conlunissioll within tell (10) day-.,' notice by the City. Any portion of the Rel'erendunl UcpoSit flat is 1101 usCd shall be I—ClUrlled to the Successful Proposer. In dile event additicmil funds <ire required tta plalCe The gLICStI011 Oil the ballot, Tile Successful Proposer shall be required to provide the salute to the City within lel! ( lily days' notice by the city. I I' the voters reject the proposed transa ction, the Projeet shal I lie Icrnlinated. In the t:\ ent ILII yurlt 1 101 211011, the SLICces ful Proposer has no vested rights, conlnlc•rclall, contractual, or property rights, title or interest In the Property or Ica the Project, or anv Claim upon the City 1, dii), expenses incurred in the proposal proccss, and shall NINO lit} rCCOLIr'Se :10,lillsl the Ci ,, its agencies. inslrurllelitahties. officials. or employcc4 bcCLILINC ofthc rejection by the vc1tCl�lI�I14'Illltila311Lhrl the :Ihnve, the City shall not be precluded I'l-On't iMlillg 3 110W I FP ill Ill t. 'elft the \Mel -N reject the suh.jeet Project, or if the Project Is olllerwise Cancelled. 11. Poi-kingGN-a;e The Dopa rtniIt of()IT-sirect Parkingdl b'1 lllc Miami Ptu'king Authority ("1IMP` -) opaeratcs. 111illlatUes, Sn)CI 'I L's, alld directs all lllulliL:Ip:II IxWkillL Lill([ InLMiCi(aal parking lacilitics u k1lili tilt City' n 1[ia][Ili\''11 A municipal! plarkin�, t:lra e 511x11 be lauilt oiuwide the Prctlaerty in I he area lahelcd IllV as "NOT A PART- southwest of Parcel 3 ("MPA I',trking' ). :1 cerl;lin rhtntllacr slulll be reLlllld"L'Cl IILYI Illi` patrlllly c5f IIIc Prtrjcet aucl liar the lusty Pelican restaurant,cl parking I-Cgl il-C h1C111 Will depend {ail 111.6 S11e oculi SCollc o flit respective Proposaheli in the below- fcarmukt. The 11t mbar ol' I-cquired parkin SI),IC :s I:ot. the PI`njcCt swill bu bahscd on ruur (4) spaces per 1,000 Squaw Iccl 4 4'retai1, one (1} arking space per every live ( 5) bisalts ofdry or wet storage, al11d eig11t (`3) s1),1Ces liar every 1.(1 square feet of res, tanlrartit �xrms area. The Successful Proposer ,hall be required it) Conti-ifto 111 the Parking, Trust l'LlIld up to lilteen Illousalld clailars (S 15,000.Clf)) (tslinlateLi to he alp, ea-i111a1tc:ly 50%tat t1tL t ust of eotlstrLrCtiCall) per each SIMCC MILlil-ed liar the cm emit site proplasal , 1er [Ile ratios prmided above, including lite retail space ill 1110 garage itself, lloxC\ er, a 111 nil tial ol'230 parking spaces shall be required l01- tlle Projccl. The Selected Proposer shall have tilt ns regalyding the parking uaraige and Ccliltril7llt inti: OPtiolt 1: The City Will rcquil'C lhC SLICCCSSN Proposer to pay into a pro 'jrcl- slarcific parking trusi fund (" Parking, Tru.Nt FLIMN,111 ala MIJOLIW For conslrMlilm of [lie MPA larking at the time cal lease exec tltion. he MPA will LISC the funds Wwributed to elle Patrkirl� -1 rust Fund to Carl tet 't Clic parking facility to atcctmulmda is the users orthc Prt jecl and the Rusty fele °m restaurant, The gal-age .,;hall he des-11-med within the constraints and hudget Tllat ' 'rl will Spcciry. The parking cootribittion it) be paid into tilt' Parking `Crust I'm slulll be based (ill the tllaur, c 6017111u10. I km ever. becdLISC at minimum Lal 130 pall -Ki w spaices sliall be reglrlr'ed, the toull miltinitim parking l'tiniribtltion shall he S3,450.0X.00 to be paid by cashier -s Check or money corder- and delivered tel the C)il•eclor 111,1 •al C=stattC. X, A,,set Malnst!-Cmenl. 444 SW 21 n Avcuue, :3rd 1 Ioor. Miami, 1 Fonda 3 N 30 lin or before execution of the i.easc. This parking g,aragc: contribUtiorl will he c • alasited 22 SUBSTITUTED info an escro", a coum 4', hosc desipmtcil use shall be applied in the Parking] rust Fund. l'llc schedule and inIIcsiones fiorl'onNiruction oI Ill harking ,a rave alid retlliI spikes by NIPA will be decelopcd In Coltf[11101 111 with. and will he compatdblc �t'it11, the Successiili. Proposers do\,cloplllem plan. Failure. It! pa the park intu-,araue contribution hilly azul timely will bejust and Bair cause for the City Commission [o Cancel ur t'escilld the MVill1l tit tie 4Llccessfitl Proposer who shall have 1lo recourse a�Llainst the City its a -elides, illstrulltcntalities, ill'ficials. and employees froill Such c tlaccll;tCil,n cel• rescission. It Is Lugeed and stipulated 111,•11 timc)v and full payment of the parking curage contribution is all express Conditiull pI'ecedertt tO the L11-11111111LI 0Ca11d CXeCLltiilll Of ilie 1.ease- 1`Ile SUCCCSSfUl PI`OPCIser ShalI have no vested Or rCSC1'NCLl il1tCIVS1, rights, options, preferences, or security in [lie ownership of' the NIII 1 parking, 1i7cility. other than the City's commitment alio those parking spaces will be availallle for mmithly eases kitr 1111 [?f ttc c=,ninlerci,tl: retail uses iltcllrporalcd within the I'rlljeel, at 1 Il rkinv rale schedule dial reflects fitir market Valllc, whlisc Published rates will be 111.0 AfCd to lrallSirllt cu:ctrnllers. 1~ otwithstandilt�g the abm c. lenaiiis oC the arca (ii1GIL ink! the Rusty Pelican and Vircinils ICcy •]rlrina tenant) gill be accolnn idatcd per the terms c+t'their respective itrtr4i nlcilts, Option 2; 1e c[rntril)ution to the Parkity "Frust f=und may be waived if the Successful t'rl L 1L'I' elects 10 build the )IPA Parkin" al their sole cosi mid expell:se. If Ole Proposer 1 °CIN Its build the MPA Parkin-. Ilse parking structure mtlsl: (I ) be ,Mlilablc to thr ]xi tic; (2) pl`uvillc the s'[cluirrti lutls,lult llf palkin�r spaces 11}r till Project i11 aLlllitic�il t[ the relltlircd ilmuunt till tltc RL1sty Pelican restaurant its per Rusty PCllcan's lease 'rucomi( with the City: and (3) be [111,1116,111Vcllaranteed by tie Proposer (to guara ee that the City Al M aloins at least fair morket value). C ons1rudioll and olio alltlll 1'Idle NIDA Parking MUSt be tllerSeell Wld SLIpeI- kC'I by .41f'.<�. tiuifjeet t[7zl Piu`kl �4 I)elelt,ptncltt arLcnlenl lit tie executed t1y all apt}lic.ible parties- Aliditionali), the Proposer must ha',c WILT miiintaul a resel've Wild fist' cttpit'tl inrpr0VecllC11(S alh condinUed Operiitilfn 0Cthe NIP!1 Parklil". Option 3: Alternatively_ the itbove-n ritil+ned contribution to the Parking -frust Fund may be waived if the SLICCessli Prtlposcr PA.TVides alternative parkin;_= underneiilh the lire rack morng t)i' [tlit~=r atinn V itllin the Property ( Proptlsel` Parking"}, This Proposer Parkins, must be 1ill t, entirely by the Proposer aril! must b free to Imams and CLISt[7111e1'S Of tilt tat 1CC( dUrillL the 1101'111 Ot'the Lease, Additionally, the Proposer Parking must lnevt Ill RFII relluircnlents prc7 ided in (his SCCli011, inelLldin!-_� but not lint 10d Io constructinL hu required iIL11libel- O SIMCOS for the Project as well is For the. Rusty Pelican resti rant per the busty Pelican lease aareenient with the pity. The Proposer sial i -)e responsible li6r (lie I lilitcnallce mid opei`ation of the Proposer Parking durillf he term t.hftltc Icttsc. NOINVithstanding the above. [lie City shall Consider al prllpclsals Illat itic pisrcnc alt parking re[luirements (including the niii1111111I1i parkin:, I'Lrr the Project, the I"01- RL15IV PC`lil'tlll per their lctts4 itt'CL'r17Cul wills the C'ily, public availaltility', '-ce ltarkiu_= to ProjLCI CLIS101110--i, maintenance oC 1110 takilities, etc.), and which satisfy ill) t regulatory and governnienl.,iI LlbiW-:itlon'y for the site 7� SUBSTITUTED Please none that [lie illves[llient.. 4ontribulioll audior my income igetlernted from the J'arkinu nn site drill not be considered by the Selcetion Commince ill their eti'alu,'1601l of 1Imposals. Please also [tote [hilt [lie NIiIA Parking. garage it intended to Ile ),will tin properly deeded to lite C'ily llz 111c CtslilitV, and that such decd has ccriaiin restrictions. Use ol`lhat portion vl' latus 16I- the LIOCIt111111C111 of parking Nvill he Subject to such restrictions. A Golly of [lie (teed is inclutlud as F"+,'kbit -(i". NIM may. in its sole discretion. elect to build additional Nicking spaces beyond w hot is required foj- the SIIL'Cc*;hli,l Prtiposer's Project and existing City Ilnt[ MPA pili -king tlbligtttianS" ShrlLt]d the MPA choose to build additional parking spaces', tltc MPA till pay one hundred pcl-cent (1007;1) Or01c ,Id{IlliO11,'11 Ct7S1S 1-4[1L111•t:[1 ltil- the nddllional spnevs, ns well R, Ilie cost for ally ancillary uses incorporated ill the parking tiiciIities. 1 �. 134R 411414' 1Ile PI 3l}5.11 shall lit: i:ompaliblu with the Boal Slim%. I lie Successfill Proposer'01all trim, into'ln al 'itis ,'i; ramllent with NM.%[A- In no wain :liar' flit• Ilroposed Pro+jm inic11' re v itll. or nflcer tli Boat -Yiow, tiny exhihitor tents, or nny off is I0olprint. ill a nimmer that N%ould diminish the 1lOUIlt al'Scluclrc lootait�c provided to talc Hoot Show by lwo percent{'"+s) or more. All parkil , cin site find tither racilities sllal l remain (then durill-,. the boa(sliow to satisfy CUSilll7ick-S cif ttic tllC4t- All construction by flu 5ucces lel Proposer shall be 1imilcd or pa used To lliu ex)ent necessary to pemii ,access and Lis af' the Prol)el`ty L11.16n-1 the Boat Slimy, allowing tier Boat Sho" exhibition spice and clear alking palhs to and Fi`om Bout Show exhibits. 13. Reutllatory Process Permit Licellsiu; I17C []tails feir this Project �l ill 1L hire L`al"illus permits and approvals, Ind each Proposer Lo flit~ RFP is I'tsptlllaillle fi3r tlelclmilr �� l ' fisc},' llel�nits a�ncl alplirux llti will he reilttiretl fisc the collstrL10itinmi . operation and clpletie 1 (if' (lie Project. 'l lie SLlcces,lul Proposer, it its still: cast and expimse, shall be responsible I- applying for atilt acquiring all re(JUired permits. licenses, conicsis, and approvals tint all lFsrol,riate. ga��erllm4ntul agencies. Additionalliv. all iMprt71'CIllCll1S rllusl ctlniply iyvilll apphC. Ile building, lire, planning and zoning. licalth and all other applicable local. state gild leder I'Ctllill`[ ICll(S. :SCCL11'ioU ill) SUCIl ,'lpl)1.0Va1l S, �:ollsellls, development litnllilS, Oil(] Similar I.OLIL't`CLI I1Crlllissiolls shall be (lit, respollsibilily cif the Proposer. The City, ptinsLl,rt11 Lo till necessary xviewi and til,. ovills oP dewi�rn concepts.. will. it' net•L:ssatry. prm ids o%NIle]- sigil-tiffs required lilt the - ccesslill Prupoyer to obtain [lie aillpra}priatr rrgulallelly pe1'niits lrillil local, state, <lI1CI tedel'a aiLentl'-s �a57171711a11114 14'1[11 ails leu;il and regukilory conditions will be Mluircd. RML11010I'V I °rnlitS Irr.1y be nc4eysal-y t -1•n111 (lie ILillLlll'lnt, UILMICics, klCkldinv bLl[ 1101 lilnl[Cd 10: Miilllli- -de County Department of Regulal[tu'y and Economic ReSOLlrces (RI.I: ), State tat' [ loridai Dcl rinlenl of Environmental f'lL,tecticrll (131=P); U.S. rlruiy Corps at' E:niileers (USIC.'Fi; alit the I'edcrail Aviation Administration (FAA). This information is intended to hell, Pro .sers deterilline the applicable requii-emenis and is not meant to be tui eOausOVC stulln ry of all pct -mils, licenses, and approvals rrtlLliNd. 14. IZedeveltlpment Schedule The City will rcgLlir4 the pl-t po-seCl rellAla3liC}C14�1`CdCd'G1UpmClll l"CCo11S11'lIL'\1(13�() } have libtitillcd gill retlLlirtd pcx iflis and Commenced collmructiClil within thilly-sixmonths 24 SUBSTITUTED frons tli e FITective Date of the Lease. AAI Ilhti sIca] irnproxcments fora I I I'ru_ject Component" lutist be Completed within sixty (fill) months fi'onl c.xeculioll of, lhN Lease by both Iru'tiNs. Unless the Succcssl•ul Proposer applies for send revelves I waiver from the City. The CA% alt its reasonable discretion, may grant a w liver exielldill.2 (lie abo cnientioned schedule ifthe Selixted Proposer demousiralles dials: (1) it llaa ildiVdY alld Contirtticlu ly I)LIOSLied ohtaillinP 1111 required permits; and (?) [lie delay is a rc sLik of force Ma] MIN or a rest llt of delays out sItle ol`the Selected Proposer's control. Noi\N ithsian[ling (lie above, proposals may put forward a phased development Schedule tl herein each indicated area of dc� elollnlelll shall becolllc effective in phases. Phascd development must lie done ill Sixiv (60) njouilis will illi bUildill" IM-111itS for illi= Intit phase in place rut Imcr thall billy ri`ylit (4$) 111ollills li'111n the Ff•l`cct �c Da ie ofille Lease. The City, NN111St:1_tlll. may gralit all extelis-lon for buiidill�; pernind it iLtstl ees; (.i) ifIlie SuecessI'll I Propilxer LlcinclllslrNICS 111,1[ in 1100d III idI lilt[ aclini_' WItll due II-cllNN wasunable to tlbtain the rNytlircc! permits; (h) Sitl,jNrt to lora nlajNttrN; [n is olhertt'.,e permitted by low. Its [lie abs[;Oce of the aibovc circunislalnccs, the pro\isiolls til Section )-B (11,111° City of Nl ianli [Mader' as aillend"d.. sh.111 apply. II' Ill Odi 61ea ail. 1S al's pri117lsSet#, thL SLICL'e±5fkll PI'C11)t15Cl- Shall[ Submit al loll SL°l C,f}3laltlti tU dlll]7l)' filr appl.icsihlc b ilcling 11c 17llils and ally tither appliCathle approvals SVltllill i?I1C Ilttlldi'eCl Clg#sly (ISO) calletldal clu 's al elle Lease LI`lective Datc, ,lilt[ coilstrucliau must be t:omplete WIthhl One year of Ilio pe\o, 1rilvall elate. The City will use its best c fl -Oris to provide alternative locations �vlliNli .Irla#]ly' Nc1nl i�funus ICror tilt' CSpCI`aitl[lil U1, the f'arlllil' Cltll'Lllr' rell[11'altiClil ol- red cNCIop111CIII I'raICCt Ccllnpotletlls. ` 15. 1115UI-1111Ce RTIC[ 111den111ifi1ca ion Prior to execunoll of file Le, tic'. the SUCCessttll Proposer shall lie 1°eClUired to provide certilitatLti ufiilsurallce to tyle C ` y providing insunanc:e during curtstructitln. mainlellarice, and nlanaucnlent of the Project, as , provcd by [lie City*s Risk Department. and ais speci(jed in the Lease. The City shall retain t , riollt to anlcod and add to [lie required policies and cilvera ges to ensure a[!Nt}ualN covcraue 11' the proposed Projct:t and corresllondim, Lease, as determined in the sole discretion of tllc "ty, -1-[t ';elected Proposer sliaill nNo incicinnify. Save, hold llarrllless, and det':nd (al its Own [ st anti exllensc5) the City. its officials, ofI`icers, employees, a1!_enc ics and instrumelntalllies for. I actions, claims, causes ofact ion, liabilities, dlim igen and IiabiIiIies ,Irisitit, or accruiit, by vii is AI die atpprov°all. leasellold, c:onstruclioll. dn—ClOplllt:llt, 1 &A-Ck1llilk:lIt, tlSeS, ll4'tll'ltit S..ICTIO 01'011lisslons ot"thc Proposer, its a+�L'illh_ Servants. represelltaiiicti, consultalnis. and contracio ` relative IO the proposed Project and Correspoi1Ch11 . I.eaisc, as deltrmined by the C"ily INIlltlay er, 0filee oI' Illi' CIty A]Io icy, and the C'ily's Director of Rist: D pa rtnlenl 10 the extent requ 'elf, as ilttcnllined Ery [lie 0fliec [11` div City Alt CIrml and the City's Risk Dellailment, I Ill' [it etllnity'liold I [armlessA)uty to Dt:1end Contained in the Lease filrnisllcd by the City will not e a llep>oliable item and shall survive [lie cancellalio[l of the Lease' ifalppliclible, 16. Payment and Performance Bond Prior to lllti ciinlnlellC.cnit-ni nfnilly Cotlstruetitnl nil lilt Prnllcriy. tit Successful Proposer shall) be required to provide a Payment and PerloI•111MICe 13ond Satisiy�i = the requirements ,rt firol'1h [IV the Citi' as well as those set forth by Section 255,05 ofthe I�lnl' las 5taiateti. ['he Payment nihil Pel'lorlilalnee Bond will he po�lCd Ill x111 alll01-111t reprC`SCtltil ' It lealSt 011e hundred (100"!ii) percent of t}lC sun[ 01' the Gt111slruC6011 COSI csf' the in lrovements. Construed on costs for purposes of this Section shatll Olean the ttrtal cost of the Pr `ect to the Proposer as designed or specified by the. nrthilecl or Desigivbuild fil"Ill IliClttdlng a current -5 SUBSTITUTED li,irket nates a reasonably customary allowance #or overliend and profit, the cost of k1hor toad nlalcritll. and ally equipment designed, specilied. ;elected or specially provided tier by the Architcci.'or Design 131,lild 1'11'111 , bLit not compensation to the Architect or desl.11 Consultants. 01' the d:dl',ts (1# ttcguirins' rights-tj#-w'aiy or cascmetlls or the lilac_ 17. Bid Security Proposers sdtall he required to submit Nvith their proposals a laid Security equal to tw eluy-1i\ c: th(lusand dollars 627,000) by check. letter of eivdil, or otherw ise pro% ide proof Ilse same Ilan been submilled into an esc;mv acLN)urtt. -['lie Bid Security shall be subjcci to the terms spec ifledl in Section 11.1_ above, F-irlit'st Money Deposit `11e Successful Prdlllosel' shall providdd an irrC\ ocatblc; unconditional Casltiei's Check, dralvil nn •t limincial inslitution aL11horized to Litz business ill Horida (or may do [lie same by wfirc trans er or similm- means), providing for,kG o "Million DoNr5 (S2,000 00), which skull be Clue up 11 .seC 11 toil of the Lealsc. Upon completion o the en ire Project, us indicated by the is unli5 c 1'a C'rrtitleate L11 01I11111clioll within the (irlld: period specilied heivin, One. Million Cloil,tr:; {\(5)eIPS ltl) nl' tlld I=arncsl IG1dni y 1hlld'sit shrill bl rLturllei! to the 5uccewslill Proposer, Ill.ining One klillion. Dollars (St.000,000) slltil remain els sectn'ily in llic Lease. 11i%t:S tiller the iS.Alande ofthe iimal Cc tilicate o'Curllpletidlra. an actdIttoti.tl fine hundtend Llnllar,, I.S (li_i.ftil0) shall be rt't tined to llle Successful Proposicr, the rdrttairlin<-l cdl thoLl,aitdl d''llars (s5(1t).i)f)Ct) shall ren'taitl in elle l arilest IvTone- Depclsit aiSed !I'tly I[3I' the l_eatic. 19. Taxes xes '# he SLICCCtial'Lil Pt'oilosd:r' wit ort be responsible tur any ad -valorem taws. oratly other le\ ics. gowninsrlllall impositions, Sail, cines, WXch 01' asscsSmL'nls ussoc•ialcd �v lth Ili: Propcm- chat arc dude or may be owcdi prior li tile. Lease Ffl chi c Dnie. -1 lit Successt'ul Proposer will. lid»►'e4d r'. be respttn;ihle t<ar 1111 lLlr s 111,11 aii'd• Illetn` ed CU111111C11c1t1F.-' on and alld'r the Lease El`iective Date. 20, Impact Fees The '.SLlceesstiil Pft)P lser 111L1S1 pili+ lar all ' 1lpact ices relatcdl to all improvements to the Proilerty. Imimcl fees by Cooe redluirenwili.1Lis1 Ire ilttid prior to issuance o17 abuildlitig perillll. For more tnforninkon, Sec Chapter 13 o be City Code. 21. City's Rall Estate Development Advisor/Broker `I lie C'ily Inas em"Iged (lid scrvices of'Ci3R ', a rail estat clrveldll�nlcllt aLlvisdli"llyd>kerIcer ihiy assi�titllent. C'HRE shall represent the City in all negotiations and the iidhicialry responsibilities dal' 013101 exist only to and tit] behalf of the 'ity. CBRE shall be ewiticdi to a LO111111iSSiS�t1 fLe ("Cunlnliasidua Fee"), which shall he ,r°ui"i�'1 Io Stale d1C Florida Contract. DNIS-1 ''13-007, as approved and adopted by the City of I'u 'ami Commission, ;and tine provisidms of the City Charter and Code. Upon execution of"the Ld sc, the Selected Proposer sliall pay 111e City tan antrsLillt egUal to the Commission f'cc, wilicll .iii ln: dcicrmilled on a CLr111Llldtit c and cdlmpoLlllded bads and shall not vxceed one million lot hundred and sevenlN live llldlusalld dollars (S1,475,I100)l 22. Prc-Proposni Submission Conference & Site Vkit The Cily may conduct one or marc Pre-PrupusaI :SlllTnlissioll Con fcretlees a\v, sits dot dales and little~ ilial sire yet It] 171 dctcrllliiled. In the d�t'e11t dlf'SLle11 d:onterennfille date, time, and locolion shall be potted by Addendum. Attendance : til any oposal 26 SUBSTITUTED Stibmission Conlerence aod Site Visit shall he optional.. however. prospective Proposers ary stron�-ly advised Io attend. R. 771EPROPERTY Y The inkii-matioa in this RFP is believed to lie Correct. but is not warranied in any manner, Proposers should independently verily tactual ileitis they deem rdeva tt prior to response Slibmittal, Parcel Size and Cnmpunents The Properlk is localed in Virginia Key mill includes approxinmiely 26.65 acres of lal,cl_ inelue1111V apIN-OXI natlely 17 atm; ol'which f11 -c submerged laluls. Visible landnlflrks include, 1 the not-thwest, Rusty Pelicaul Rvhla ur"111[ and to the southeast, 1•1ia1mi N-1, 11C Stadiu111. At lilion.11iv. the wile offers views of -the City cif Mionli skylille. The lit oNving addresses and 10141 nunlbLrs Potain lt, Iltc Property: _ iii Ricktnh;tckerCaLiSO\ViIV Folio Ol-x€217-ptltl-Clt 20" 36 - Itickenb;lcker Causer av f=olio O 1 -1218 -000 -OU 10, 3501 tickenbatcker Calusc�t m. Folio 01-4217-000-01 10 (NW Parcel), 3311 It •kenhacker Causrw av Folio 01.4218-00{ -0030, No rlddr Folio 01-1211-000-0031, mid 3511 Ricke locker C ausewiv Folio 0]-14217-000-0030 (MV ['arc;cl): 1.xisting Conditions 1110 PI-Ope"rlY is located In 13r. -aync flay desiriiLacd a aI1 ALILlatlC- PWSCI-Ve. I lie Pro ,I. W Shall cunlclrm [o Ilio prescribed reclu cnleltlsclf"cit+irclnnlenta] re�ulalitlrls �rner11it1�1ltc riisc.lyltc Bay r1Lluafie Preserves. All of •r:iiions of the Project shall also conform to eeistillu c:nvironnlcnlal regulations and pen 'aingf requiremelils. fhr Property, ttnd its impi-mcmctits, i applicable, arc ofiered `AS I5, WIIFRF IS."- No regi esentations or warranties whatsoever, c madc as to Its Condition, slate 01` Cha arca ristics b1' the Cil,, illcllldillr bLI1 M)l linlitCd to all MN il-onlnentall COIlciit cull. LAIIress wtarramics. implied c� arllmtics of lftiless [ilt, at palrtic:ula ,urpu}c or use and habitability are hcreby ciisclainlcd. TCS611Q, auditS. appraisals- inspectic is. etc., desired or necessau`y it, Prepare an RFP 1-esponses11aII be al lite so Ie cost and expense f the Proposers. ?. Envirojimentall I he City has el. uductcd a Phase 1 and Phatsc If l.nviro venial Silt: Asseysmem, amidled hereto as Exhibit. YNek(�rdleless, Proposers may also 1) —form their tm it "clue diligence'. inspections, includill_u. C' llvirifnmenitil site assessments. sail ins, and testing of lire soils, sediments and !'1'OUIl lw"tlte1'. S11hJW 10 SUCll Gatldltions and lim mucins as the: City Manager may impose, illeluclinI-1 Withc.lrlt limitation, require:mcnis fi 1, - 1pervision by the City, inde.ltlnilieation of -,[lie City. disposition ol'repol-ts and e.Cccution of iv 1q, I] doCUI-n:nts, ms: the City AtIoniev maty r'cLlttit'e. TeStin!~. mucid", alppralsalts, ir1Sp1L'eilllltti, or tilher SILI&L'S []ILI[ are fluccssllt•y M' de'ail_Cd to submit a proposal, shall be condlIC'ted ar[ dIC time UXIM)SC iii the N-0 ❑"Lr, and only, \N.iill prior wI-Alen approti`fll by [lie City. -1`110 Succes5Eilt Proposer "11.111 1.0110ve r relliedlal any llaittrclnus IllatC11atl5 tlrtl are recluIrod by law to be removed or remediated lily e Prtgc i. 27 SUBSTITUTED .Additionally, all marine rtlilivaalicln, or other miduatiork el-l'uris reclaired by the applicable agencies, sltall be it (lie Sills dist and expense of the Succesiful Proposer. Additionally, Proposer, should consider the polential impact. ofsea level rise while Preparing developmelit plallti its order to c:llsure increased resilience to the rising soil IQ: el.,. .anal pi-oper maintenance all' llic Property and Prolcct. Utilities VV;iter. Sanitary sewer. electric and IVICI)11t111C llIilillLti are etlr7Y'illly iIViiililbIC Oil the 111-ollcrIV, Proposers may oblain Clel fled plans showiny underground utility installations #rolli 0110 t 'it's Public Work.i Department, 444 'M' 2nd Avenuc. 8Ih I lour, Miami, Florikki 33130. For additional infOrmollon. please Conlatcl (lie respective utilities_ 1 -Successful Proplisvr Shaul hear lite wile Imalllckll respolisibilily liar all Cc}nnectiolt Ices, (IN'1 1L elti}wt1'Liel11111\.L ;lid il1Slalllatiallt L1)Sls;alnd of ally Costs associated with ea}Flipl}alice with arIV i_c1l' City mtlratllriutll reLluil'clltrnts that ttritY be cit tlrec . '1'11e Citi wilt alssi5t cit this prCtceprat idH12 IIIC necessary Utility midor- fac�ilily easemri}ts as lanvlillly appropriate. In 111c the SuCCC,slnl Proposer xishos ts1 relocalc the c.xislin`, ulililles, it shall (Io so m its sot al Cl oxilemse'. J. Zoni The Prty i� ! iO[ `d atS CS C'iVIC SP ICC Zone, I or more tnli niialion, please review Clic llilnlslllltw (_'l1l ', C�� C"I'4 ie 5;]€ICL. %i�tte' i'ieCCl'e11C't' NlallLlall, attall;17L1{ herCe[C7 35 L-llllllil ticrs atrL respi. sil]Ic: filer tC�rifi`in_x111 inl�lrntallinn eoncernin plattitin�� anti zrmin�reC�Llitt, «`ills site 1111 icalhlc Itencies anll liepal`kmellls.1ny ilttal€ls pt'ov€tied hereinrevarhe ronin,± proces. is I'or convenience only and Proposers should not rely CaponIhcnl ut indeltritcicntly vw' lytFtr tilt same. For the purposes ofthis RI�1', tile. C v eriLcalra4rl s lite lttust i11nc}�ati} c;lnll tnnst compclilivc prCtltosall Ilial utilizes hest pratcticcs, mwithstanding, current zoning reguhitions. which can be achieved Elsa 1)a11.1 01'a I'lnul'C° rclriillU nceSs {i.eSpecial ,Area Plan. re -zoning, etc-) and tichich are cnn,islolll wills the principle; �,w', in llaa' 1'irl4iniat Key 14Caslcr Plan. I'rc}poscrti are r'[Slllllttilalli liar' 1lUr-Slant' nilly Zollim" Chan 'e t111J. ll' boaircl or City t Clrltml"Nioll approvals necessary to impleuicill the C011CCIlt Ill-L)P SCC hi their respon-s IC. this RIP tial lone) as they are sulaptlr LA hV IhC C`itY its llrt}lterly OWIICr. P1_0 LISC°I-S ShOLLICi not cousidcr zonin�f approvals ai5 ]ltilltlit c}131]iL11°anti• lila! latter til 1VI1rL'11 Proposel. List C�lttaut 5i'll:ll;lli ly It1F' uacll aspect l}I° the Project_ kVhC11CvCr possible, the C'ily agrees tit SSW 1110 `SUCCeSS1i11 Proposer with its p l-illitlill" proccss, providing 11111 mullicipal pe17»it tet.- wild not be walived or reduced. Any zoning charige or Special Ami flan 111115[ cttlttllly Willie l'equir llicals `et forth In this Rl'P and the Vir�,iitia Kcv Master Plan. Additionally, It hotels or Cltllil' residential Compllilenty Sll 111 be permitted within} this Project. 'flit Proiccl S 11 not iltclude the 1u11mvilliz, etll°Itmereiatl €0r -hire tiL'l`G ices: ( I) Boal paimin�.:; (2) traiusn 1ssi111 re]mirs; (3) lir dry dock repairs. l'nrthel'11101'C, thr ProjcCI -should considci ,md incorptintle Miami 21 p 'nciples titr }sunlit walrr€'ronin and public henelit, tier public spaces to lilt exlent tea, '.)le. Additional ilafilrmation may he 1 mod a1 the lirllowint, links; list al�ct_�ti Gir.ltli.�111i' l .or - Imal. code M,liv2 j 1 6i.as13 hl[p__�}'ks �� .rlliturli? 1.or� Publiel3enclits juni?.t�sp Prlbliel3ellc lit5_l'atlletil'itllliCS .ice.as , 2S SUBSTITUTED h0w., L1'w%' .miami2l .tire_ 21 .Rppetidix 13.11df 6. Flood Zone A preliminary rc%-iek% ul' the Properly shows that [lie entire f roi)crly is classified as falling within Coastal A tone, wilier Fk)od (rule AV. All 1tRICtUre5 constructed at the Property must contomi to the al)Iaroprlate Flood Zone requlrenictlls. Some preliminary estimates of 1.100d risk are illcluded ill the Coastal [tisk Consulting ?015 ILinp 1'iele Report i11c11uleLl herein as Exhibit l -l. As previously noted, the information in tins, RFP is not warranted in any planner and Proposers sllouId ill(ICI lidellily VCZ'iry f lCILMI items they Lll'em relevant priorto response 3ulllnttal. CSEl_N(-'770:VI'I?OC'IiSS.4.1'DCO.VI'1i--1C7°•Afi'.4RI) f. :iL lilnistrati►'e Review i" ilalff shall COlIdUCt an initial adnllnislratiG-e review of the proposals received for Comply ei1C,s arlcI compliance with all content requirements set foilh in the solicitation (":14lniin native ReoView"). administrative. Rctiieo\ may include a lmancial or techitical analysis o\,t" j)nSAs prelml•ed 411' procured by the (11V or its a�uents. f)uciil�� this AdministriC\V, City stalff 111,1V 4ixnact PrnllosCrs to care non -material, non- subsmntiv-is any Proposals or to clarify unclear 1)ortions of the Proposal. 11' notified Of deficieiCst liar Clal-ilication, elle 11rolloser shall provide a response withill tiNc (5) busine4)tlproposals v Pith all reyuiremcnis will bC dt.etllcd rtsp()llsiN e. 2. i'.vahiation Prontlsers slm)l he i'L'mlil:l[PrI nil mnLPrl h-worl nii ttlr- titlin�Vincs 1'valii�lin�i C'rilNria• [3verall Ex ricnce and Qualifications 5 Relevant b1CSllll'�s ailCf Project lea l C 41azTi411L"C 111 similar projects 10 Operational history r'efleenve [)rL;a17c 'ity to nice[ Pl'4jcet goals 10 Availability of ftilancilil business refer ces 5 Financials and Prop . ed Revenues 215 Financial return to the City, including Base It it and Partictpiition Rent iii Financial ca)aabi llt_y 1 {) Reasonableness of Revenue Forecasts Design & Operational Plan 25 improved efficiencies of marina operation and site utiliaait -1n 10 Aesthetics �R-, functionality of prolaosed inlproyenlents 5 i Effective use of'sitc durin, Consti•ttctioll/i-edevelopnlent ! Consistency with the Virginia Key Master Plan prn)clples !� � ReslliencY & EnNironmental Considerations 15 Long term resiliency of the Prniect 7 Commitment to proteclion of environmental assets 1ncorl3oration of `L-rrcon" design and natural nalll'e elements 5 5 29 SUBSTITUTED Public Benefits and Local Participation lit Benefits received by the Ptiblil: $ Participation 111 fia-mti and l'l)11tmetors that maintain a local office 5 Based upon Ilse L-1 aivalion Criteria provided above, as more specifically dkefined in the a(tached DClitiletl I_A,1ltlatian Matrix includcd herein tis ;lppcndlix 11, the Selectitili Cnmmiiltee ("Committee") will evnitiaie. asNigii poitits, slid rack propnsals in accordance with the redltzircm em i of the RFP iisilig, the woring guidchiies provided by the. City. i -he ('0111111MCC. Shaul 1'eVi01v tilt' I.vald1a6011 Crtlerlat, DClailedl Evaluation "vlaij-6, and (lie IYOjec( (jowls specified( ill (Elis RHI, aml rank cacti Propo%al its to Lae)1 c,lleg[11°yr listed ah0,,,C, C011111611Le tray tu1111cr dlclillQ each ul' the CatiLlori4ti C610 -ill stated 011111 c SO long as Nwisilitellt with the intClmiatilali ill this RUP. i nch irnlsosaI wi11 lie mviewed to d}etermllie if the proposal is responsive to the siihnlission NCILI rc 0111~ dmltlimed hercili. Proposals Ilial dleeiaite from the City's "Nildtst"', -'Sh,ill" t,r "ilatulatd �" rticluircnleflts may be finuldl 11110(-respntlsil'c 1�illidiut 1`ullhct° evahltilintt. The Cditlinlille ° members Shall he appoilited by ti1'he City a lager, who reserves the right to appoint votitle Nnilwrs as well as alltemates, At least seven (7) Committee members :(hill be appointed, Ill dl , ler to cliniinate skewill" dlf` 1110 t -mal scores. the highest mid tlic lowest total score for ea It °daposer shall be climinatcdl. 3. Short -List Upon L'omplettaii of (he ev, dlatimi and ranking. the. Committee will recommend the top Hired (3) ranked. respdmsive amf rc lolisihle llroposcrs (" Shorl-lis(ed1 Proposers") who hest niect the criteria d1f" the RFJ1 Iiir lie itilida(ts. The Short-lialcdi Proposers 11 ill each be ilii ilcdl Ida liessntiale a I.Case ill StIbstalltiully ie Ibml its provided in Fxhihit "C". The City reserr-cs lh0 ri, hl 10 lureLm t • short( -listing Immess il`tlic: City receiver three (3) or less proposal f(ar thy 1% 1', wind prciccc 11 ith (hL dither Of the fo11C111`ing, (a) rcdlu S1 u1 -al prctienitllidlus ttllldnl ed by .l iiartli,tl 11'1111411 ILC]lls'tit ttaF brst slot( 1'Itlal offers, ne{�catiatidan", stud( 17rocrcLI Ida CCdinlnlillee cv,.11uati0II and deli Tati+ins; or M regUeSI best and final offers wilhout presellialioils. ne-jdalislle, alld pt'(]4eLC1 l C nliillil(tee i:l tlltla3titill :MCI deliberations. 4. Negotiations Pie, tiations will 1a kc in(o cortsideralllon Wills most - mclicial to the. City (fromia nionctary, ttd !((lies(, and nratlaPcritsl st,uidpnilll ) ult(i} tell a x1-111 it leecptahle ids the City is ,lwrcr-d uI)011. The City reserves the right to r4dgucSt i`rdmi Ill Shot!-I.isted Proposers: wriaetl clarif calioms: mm-matenail revisl()ns to proposals, it(' deemed necessary by the City,, and any supplemewal int'isrmiation, such as alddiiional references, d -erred necessarl for Proper Ln,alt atioll nI prtlptlsals. {. Ot`al Pi-esentations 'Pile Proposers shall be required to provide oral presentations. A three Short -Listed( l'l�lptlsers will be allordled 1lie ,fiIile 111111 1llrtit S IUr}7!'i'SelltaitiC1115 Cllld resp uses to dluesritlns, so as not to phict! 011e Ilroposer al a n tidvawago over aity' ollber 1'rlil' oxer. �)o SUBSTITUTED G. Best and Final Offers At the 01y°'s sole diseretion, [lie City way reyt e t best and lineal offers ("BA170") to be prow ided prirlr to [lie final recommendation frons the Cily fvli►ilager. File Sliort-Listed Proposers shall not lie perniMcd In reinterpret R1.11 r•ea:luirelnents. Che BAF0 shall serve only as a lilechanisni 1,01- the Proposers to provide Iheir best all([ }incl of'furs based on the RI'P rea.luirenlinls. Flic BAI-Os shall 1101 1`educe the alliraunts to be pail! to [he City, w iliell �w crc originally submitted with tllC [lroljt,s,tl . '1°lac W'1J)0nsi%C .11ld r SIVIlsilllt Shisrt-l_istccl Proposer, meeting the technic al regL[irenlents (if the 8111• ind wliose price offer represents the petit {trice file the City (wliicli sliall 1101 reduce thea mounts to lie paid to the City originally tiuhnlilIC(l Will) the }llollosal), wvill be recoliniurtdetl I'or hillier negotiations.'Hic discussions during Ihese final ncuoti€alions ni.ly inc.lucle price Find Conditions :attendant to price. 'eleetiotr CunErn':ttee It+ eorrrttfr rttlattiurt f' \JRF1(3) cc: Will intake its final ranking, and reconimendalicln tel the City Manager, based sialidings of (lie Adminisirative Review (including, as applicablc. any financial or teclysis by' the City or its agents), (2) sticcessf'ul negoli€[tions in aecordanlcc wwith thi} the evalua1io11 Criteria Its dcfitacd in lite RF11; and ( ) applicable laws and i -t001 a'CC011111MICatit111 r5 SUbject tel compli.ince 4w'itll the .ipplicable provisions (it th-r and Code. City 'Manit�er If [lie City 1`lanag ' 'Ievepis Ole 3` ollltllitlee's reconlniendtalion. a linaal contract will be 11Lt01iated tend the fill, I rccornmemkition of award. aapprelwed by rile City i ,inager, \,611 [it: presetated Ito the City C0 nlissiotl lcir their` rCw iew ;incl .11)111'OVal. Tile City M aaia4µer or hisd her de iL,nee rCsmcs the riLd to (I) ;apilrove the C'ommiliee's recommendation, (2) reject the Commit tee's reconimend;l[it 1, (3 ) reject rhe, C onlrllitltl S recommendation and instruct [lie C0111tllitteC 10 rC-CN'a1lLlate1111d ake I'LlrlhCr reconlnleuclanon5. Lv (4) recC7mmend to the City Commission that il1Cy rel(l'i an4 ld:ONill 111.0110S111S. City Comnlission 1'he City Cuannlititiiclia nrry 0 } a1111r1� t114 City dylana�Tcr's awvarcl trconlnlcildauicln anti neuoliated cwllnlct: ('-) rcjcct .all propos. s, ancl,or instruct the City Manager to reissue a solicitation: 131 instnwt tlle. Committee to re �waalulalc land make further recomma:aldatious. ill wrhieh c�Ii,e the consideration at'tlle recnrnnlea a[icln \vitt 11c rclt;rrcci balek to the CanllninCc for f'uilllcr (lei ilies'tt[ions in acCordallcc ww ith auly a ditiQnal points or matters i°ef'errncetl ww liicli are in ttceorclaan4er \1111 lli❑ Solicitation Criteria: or l j in, the City lvlanatger to cori,titerte n new, Conmliltee and [Bake recotmliendations. gill , 1plicable� Charter and Code pro\ isions ww'iIi be 17011 owed, Tlie tipiall decision orIlie. C City Ccanuni. sicm ShaaII be fiTill I alcIion by the C"its'. 111. Estimated Timetable The timetable for Clic: RCI' selection process is summarizedbe o w�. Note that these are. tentative dates and are subject to cllanz e at any tithe by the City Anticipated RFP Schedule Issuance ol'Solicilation 7ttonal Pre -Proposal Submission Cunference and Site Visit Deadline fix Questions _ Proposal Submission Deadline 31 - Dates February 17, 2017 AV 10, 2017 MAI _8, 2017 SUBSTITUTED Adoplion of Lei_islaticnt Authm izing and DireeLing the City FBD Manatg,cr to FACCUIC el l,casc suldjt C1 to RelcrcndLun tll3pr411•al ReCe:retldunl D. LEASE TBD The City requires Ilial a Lease airet"lnem (••Lcalst ), in SLIIISMIltially the attticlled [O1111 aS ill L-'xhibit " C" herewitli, be executed uptlll all)111-t)1 all 01 file SLIC'CCSSfUt Proposer (or "Lessee") by elle City Co1111111ssion . The 1cmis and cclnditiwis within the L ease %ill capture the ilse of the 11relperty ccclydin_s to the I)alralllleters of the proposal and this W -I,. The Cit}' will not consider a sale of :u pilrl nl`tlle Property. The Sllceesstill Proplt)SCr Sh11ll have nn vc lcd ri�lThts, rn1r ilny litpc c7r into 'st in [lieproperty or ill the de\elopmem proposed thereon until a1 Lcalsc is (idly executed, alntf lh `Il Only in elle 1nallnel. Sllpulatcd tllerelll, Tho Leasc shall not cLmtcr oil, or vc-'O ill, [lie 1.cssee al v title, Illter'CSt, 01 -['Stade. ill the I'rtll)CAV 01.1101- 111,111 a IC, SClltlltl illtl'I_e"[. Tilt; Leak` tip' I be l'urnished by. and always under the pol,sessioll, custody_ and control of the Clly: he71Level'. IC iACILlal M -111S t)[ tele Lease shall be Ilcuotlated between the Successful Proposer and City staff, sL'ect to final approval by the Cily Conlnussihm. Once the parties agree to the (ellnti of lite i ealsc. lc executed Leaser shall comply with this Idl--'1'. certain clauses, of the Lease SJhall lie elecinetl nett 1C't1tlalblC. li1L'fllLliltL,, 17414 11411 IlildlltLf tt7, tCllll, 1C1'Oe:ltlLlll. 1t1tiLllall}t 4'. indenlnilication. taxes a d inl)VSi6tl1l5, public records-, cnlrlp)lialnce With RFP retpl.liremeuts. etc. No w'ithstarndlll't', the abov Proposers may request additional teens 1vithin the aforementioned nonticIu,otial)le claluses SO 10 L, as they arc consistent a ith the solicitallion. Revisions to non- ticuotia ale terms shall Ile disty rded. 1"Ile City inav make additional changes to [lie Le'lie pritlr la executitltl to ensure eof)SINI 'r14 WIth till (0,1111 elf this LFI', subject to review and approval by tic. City Attorney. The Lease may be assigned or translcrrt 1 to a third unrelated pally during the lease (crin. subject to and alt elle discretion cif the City. whi 1 Shall !lot be "nrl:molla bly l[ 111ilield conditioned or rlclaye(l. Scroll tratnll`er or a5signlllent nlay Subject 11) t`inalncial and operational ability ol`tht transferee. illc-luelirl" 111,1 t11e proposed tralls -cc shall not be decilled 11011-i-espolisible for the criteria sp�ecilied above in section I[.['.i. shall co lily W1111 the Vill iOLIS 1'CLj11il`L:111ellIS sl)eciiied in this RF1', ,11141 at nn lime sllallI be'II1O Cd 11 idWLI( lc consent ol'the Cit v. Auv such ilssil�nntem or 11-a TISIel• prior to the 14111(.5111 ) a111n1'ersary t1[ tide 1. lse E f e6ve Late, Shall regUll'e it p;lylllCll( tel the City t'.epllal tO fOtlr percent (4t'oj ol-clt�Ss procec 14'411]7 the traP3tifC1; at any tltlle,11`141 the lil'tll (5Ih) vear, a live Percent (?"'.0 p'lYnicill of the eros. vocceds will he due: to tile C'it\' tipon tralrlsfi r (" ral)lfcr f ce"]. 'I llc alhovv-mcntioned 'Tralllller ' 'c will apply even it' [lie tralnsicr or alssiallment is to a related, subsidiary, or affiliated entltY. Not All leasehold improvements shill IlecOille the :toile property o elle City upon the expiration ur' ear ' 1- terminatioii of [lie Lea1sc. Additiomilly, the Lease will provide a review period to coutIr111 C 1pliance with the RFI' and other Lease requirements, includim, the redevelopment schedule. PrcOsir S flilurc to achieve any of the deleloplllcllt milestoncs is a[.case default, unle;a tulle VI'N ralncd a waiver by the t City as specified in section III.A.14. albove. Such delirult entitles the Cit1 o clailrl tilt Deposit anci till SUCCessful 1'rltpdtlser s leasehold interest sliar[l revet-t to the City, alt t • City's discretion. Further, the Lcatsc sfllll provide that the City will be prm'itictl lvttll all cul •spondente alld nlate.rial associated 1111h the permitting process on a re!Llulalr basis, including a V Studies and reports produced for the Project. SUBSTITUTED L r�,�ctccr���t,'.�n erlr'ehrrr�t:erxr:��'rr�.t The ('11) %� il1 Im'k)rnl. ill, cause to Inc perl'Ornted, at compICIc hackgroulxl cllec k .-m l im cstigalti(.tlI (Ilie] uding obtainim, credit reports) l I'[ lie jW0110'sI11L ChtIIV and Its Prilie 1 Is. i'rsIposer's shaII 1)l' required to submit al nein-NI'LIndahle fee ill the 1111111111 nC liti•e (lulusand dollars (S5,OOO.00) in the Conn of'a cashier's ehcck tit- ',honey order to cow- payment ofa1 background check fend credit reports ',',loll" 11'1111 their RI -11 proposal tinhlllltiTHdn. I'lliS Shad) hC ttSed ([1 L100-lllilIC WIICIl1CI' dlCI-Q is any information that Could dcc111 the PrOJIOSi,r 11',111-l-Csporlsive nr tlon-resetlnsihlr per Section Ilki. above. 111 the event the Coot 01• COIlduCting the backuRRIIld ,',tact Credit CIICCk CxCCC(IS fine tturttsand dollau's (S5.000.00), Proposers shall he reyulred to Compelmttc: the City )tar anlouttts Ntid Within teal (10) clay's' notice frolu the Cily. PIc1p ser5 ms!, submIt',dint-, proViding the City e011sent tc1 C011CItict SCrecllillg all (lie I�rt111c)s ttncl Al Proposer%. princ palls using the ronli pi-mided in Appendix 9 along with their proposal 'ubilli cion. For 1110 purposes of this Sohcilntion• a principal shall be clef lied a5 ally person, lilt :W1.101 ur rntily Ila', ill,7',illy (1%V11C1'ship or im jor operational role in tilt Propllscr's Project. Projx ,crs 111,11 illCllttll; a1s part crl'Illeil. tc.1111 kit-eign LlIW11a11 ter lcrreign entme-, must filly. Comply wi(11',t1 )1`1.110 rCtfLIJi,c 1 eats oI the Pat not Act. 1 hose Proposers who do ntlt comp Iy shrill he mitomatically a 'squ iii l-c:cl from Cumhc•r emisir.lcrallion ill this RIT process. SUBSTITUTED IN. TF(-'EINIC',LL Sl'l:C'11•'I['A'r]ONS PLEASE NUPE: THF PROPOSER SHALL LL DEVI LOP TFIF PRO.iFC'I' IIROPOSj J. IN A MANNER _T1I AI_ C ONSIDI'12S AND CO.MPLIES WITi [ SIJ. OF ` 11F Iii Q1JIRT mF-7NTS SPEC IF1I-.D T1IROU GFIOUTTI-IIS R I -T. Prol3osers s11t111 submit responses in a bound f{}rnlM NL -1111 Mb Clikid i•s cacti sectimt, A Nlininllltlr font Size of 10 point. I inch margirls, sulci single splicing shall be utilized On all tCXJ Clc 'trtilL.. -i :i1ibmitted, Tllcl'e SIM11 he submitted one ( l ) ori_-illal, ejuliteen ( l 4) hound Collies with till , 1111 (I) ul11 ((fid copy w ilhouI labs I'Or poissibie dupIic,uin,, needs and one (1) electronic copy suhnli c1 cs11 C"U, I]L'I7, L1r ! lash !)rive, Ail require drawinus Shilll 110 s4113n1itted ill the scale 11urein specified, I -11w Proposer must 3Llhlllrl Copies til' a1 C(lLlired dr.nvinvs rcdLlCCd propcsrtionately tc) an 11- x 17" t'onmL The reduced drawings shall iso be SLrhllliltCd c1CCtf011iCc111y a111d Ill.ly be nsCd OR the City's WChSite lel 1111161-111tic i:t milllltlit'v' Ek f L1t the pr(gl sals.'in htt.trds shall be ace pted JS INW1 01'11)c Pre}l1OSA SLIh11liSSip11, Inst nim, lie used at later dale 1,61, 17res�.Iaatioll purposes. Prosllac:tive Proposes shall Utilize the fn11n�4'lrli t]ut1111e t41 11 ylate their pr4tlnt.tials, nclilirt�4 tabs arlcl sul3-t1113S as Herded, 1. COVER PAGE - The cover pa, -e, Shall it 'ludo the Propose) -'N 11 mlci ' t_'tnllact 1'crson,' Firm's Liaison li7r the Contract; I'rir7ilrE (]Ffiee l)Catli+ll: 1.[}l tl ItlrSiilL'.3ti ;`11111"L'SS, it allplicallle; Phone alld l=1t.�t ':�ii1111bers, as;applk:a llc=; 1-I11i � addtc"Ies. RFP title and IFI' liulllber. ?. TAHLV C}F. C O\i V.N FS Fable listint, ill SCclLIC111 of t RIO', location o ,ill coMenls, ineludim_, recluirccl rCwpollse forms, charts, illustrations, unci addt, OT1111 CIICIOARVs. X111 pages of llle Proposal. including cticlosures, shall be clearly and co lISCUi ctly IM111bC1•ed, CMIS1StCIlt W ilh the l Able of C onteas. 3, E XIECL'TiNT St.'MMARY SLLlllnru�irC ilio prt71147saf p1't1v'ielillg call L7i-l:l'1°i4r tsl-tlrC prnpc7s4ll strhillission. 4. VI',1ON GO I[.S %Nn O[3.IEC" 1'11 ES OFP1tOPC1`il-'I] 'RO.lEC'I' Summarize [lie vision, mals and ohjectiNe of 1110 pl•cl_ zsed Project, 7, CCININIL'N'I'll 13EAETAT'S Sullillim-irz the railte and clualil}= of anv programs to kir zf ered as a benelit to the local 4l}t1 Mulllty, including the i1LIIl117LT' of piltenlial.jolls to he Greet 'd alld 111e cousideratioils imide to protect the unvirolimen[, G. ItEnI?ti'I_[.OP11I N;T SC'IIFDUI.F Pr0]3osci.s Skill 111CIudL schedules lin• the l aschorld improvemerlls which take into account the currulleuecn1c171 d.tleS i'CLILlired icy tltr Ci and delineates [lie renovcltioil ur retic) cItIIItlle[it of each Compment. File Proposal sluill i elude a nall-alive accompanied by a -rallhic linlclillC nr SCI1Cdulc L10811irlt* :111 phases oI' e development including developer duc diligence. p1a1111ing and desit!l1, per171ilting, Cow ructioll, and ,permion, "The schedule nlllst illrludC a13 cspicln.ltic7n ell' hent• the llhasiug of lite 'rojcct ivcls determined azul a projection of,the Project Completl0ri [role rcguiI.Cd f rllowill" [lie de dopitlent team receiving; control orf'the sils:. 14 SUBSTITUTED 7. PROJrC'r PLAN '1'lle Prnjs:Ct Pkill shall iakc irltn IICCOL011 all Of the princaplcs, guldelilles, and requirenaclltw Specs ictl ill this RI -11, as well as [lit: priaaciplcti stated in the V -rginitl key Masier Plan, A t mil Of Specialized. rugislered designs proles�,ilYmik shall prepare the Project plan. I ddit1omilly. Please land that "Illy material cll:an�wes to the oripinal Project plan made aitur c[ammis5lnla aj)lnnvtll of the lease and developmem "agreement shall he subject to ialptll Il -OM the Vil-gillikl kc� Advisory Board and limn approval from Ills: linmi City {'ommissioll. 111': proic'Ct Plan Shall include: tiarralive DescripLinaa of the proposed Proiccl plan: I'r[}ptiese r 111LIS1 include a detailcd dcvelopme:nt plan for the marina and holltyeard, csa.Itaraut. ship's sl[ rc -and all other cnmponeout of the Project. Proposcrs must also sl- ,cilj? how thev plan to man. me 1114 SitC alltl mrarinli/c 1,CV01uc throu"ll optimised slit) nim ,c111int, re;latircant 1.)MI-olln-ge, and "lll oll1Ct' liarilitirs [)al the prope AkIditimitllly, Proposers must identify how 11)cy plan to address the various Cnralpon its required ill Illi-; R1=P, inCllaclitag, Ilu1 alE+t lialaileCl to. tuvironnrrall"ll considcr at lnj )rad r esilieniV; M Site Provi- mt nly-sis, il)Cludi?%!; • OVC11111 -silt Ve111171I'leilt illCkldlall' iillprovemeii(s, and surrounding modifications to the 111-opeI1y- • Nua111)ir .1116 LISC caf`huildiil",(a), and 1-esl)ectiVe SCILIM—e 1bOWItVIes (bOtll gl'ONS turd relatable). + Number, IyI)C, Siae, CL Strtictiaal and dcscription 01'Pr0posetl operations by catepory. • Number C)i'%vci and dry . ips (includin� t[ltal linear feet of e"10 type 511CO 1ICLI), • Archilectural femures. • PCI1111E1l11 a!a[l [ [1V Il'nlllll['altta issues. + Fcatures mcc)1-porated in hLilll eliV'ld'o111ncrttal concerns, including protcetitms Oor £adjacent critical Iiahitnta and sca N-cl rise- ■ Parking, soILit iorlr; or "agurcemenls. ■ `traffic Plan. • Scwa+-c Plan, • Poiltltioll Control Plan. • Slnrna W"ller Manarcallent alld I Itill-ic'me I'l"1 . (c) R enclerl rigs nt-nvcrall site as welI as from s% it lain the oject. illustrating: • Context. • nuildill�,, Height. • Architectural Fc chess,. • Sigpliage. (CI) Proposed Project .SltG Platt The Site Pitts) should lllustrrtw 1110 I—ekttiotlShlll Mid COMM CLiVlty' tat Ille ropo cd Pro ec-1 Ill adjacent roadways, residential or c(1ninicrcl"al nllghborhoods, Vinl',ln a Key. and the general arca. Fhe :Site flan should also identify the location oCall] the RFP rrcluil-enlerlts s 'Cil led in section 111..A.3. aho\i:, as applictthle, as well as the lullo HILI..: 35 SUBSTITUTED • Land1space Gest--,. • Building 1.0c,111L1n. • Pcdestrian Access, ■ Pmukiiu areats. • l..Indscaping • l.i lllilleU. (e) Construction P1:111: I'i', 1p-wr shall coustnlCl :Ind operate clic Project ill the Ilroposer i own risk without benclil t' 111MIlCial 111uai-11111i 11'0111 (lie City. Nevertheless. the ('itY hats d111 obligalion to its residolits to ensure Thal lllc Project is a:campicled, or failing. limit, that ilio Protect 11n1 be \tbandoncd .11tcr cclnlniencenlcm. Aecordim-11%, elle Proposer shrill describe tile, term. -s and eOilditiolls it propose" to enSLll`C constrLiCt1a11 and operation of the Project. 8. OPI:RANIL]NAL PI..11 Tlic Prole el- Sh ell provide a brief narrative oil 1110 Proposer'> plans liar elle nlalla_.1clticill .end operlttion oIle- proposed Project d0ring tele Lease I enli. 1ncludin ilS applicable, it ilescriptitxl of'services to ° providcd, number and type oremplow" lo be hire:d.. lumr, ol-opertllioll. etc. Proposals Shall illcll . the l011ow-l1L lI1fL]l'lll;ttlalll, piLl� lCllIlt' all Uiula:riitallltling 4jl tlleli' likely Irlarkel all([ economic I asibllily: ■ A market analyst. sutliciellt to establikh the .rtal'kvI sLipport Icer this tti'pe of I'llcili(y /111d other proposed usu baSeel upian analvsk ardenland L�ellenitol'7, Competitive;apply- markei pl'1[ in- l'C1Ii11) 111. e I](lsilion, and anticipated nmrkel Sllal-e-iMJMLll`L'- ■ A projccled devel[lprlte sehcclLtle. ■ An analysis ol'projected -venues tend operating expemies broken L]ut #'or each im-tior Component coverin- at a 1111 multi the first lltteen ( 1 $) ya:ttls U1 operation. ■ A wrlllcil statelllent indicatli a the 101',11 dellIal- 1111OL1111 to be simit on permanum physical improvements to the III )erty, iI'any, including, huildiiig improvements. Site improN ements and e(JUilMlellt pair lases associated lvlth the Project, as well as that rC(jLLirCd IM- alt S1.11 -1 -up coli - rand initial operating expenscs. The cicvelnpntenl�relu �.11l4]tl cosi estimate. shall be ItelliMcd to include si-111ficallt iine items within 111e major allegories cal' mix Soft Onclutdimu pre -development reel), and II11411CiIII' CLlst . and tdlocale:d by Pre}�Ccl cot ]olletll, builcliil,, and phase, as apphcablc. 10, l''INA CI %i. Fl- 15Ii RAT1 Proposals shall i11CILicle a detailed financial feasibility 7111 cash Hoanalysis. `Cele. finmcial l'Im il)ihly ol-Ilie Project shall t]c presenicd in a Iashion to e able a (clear Undersiandin4g,r of elle financial inflows and oulflrn+��s 01'111C IWOjcClccl YCVCmICs and �l ul M' financial returns overa projeetcd 11ACC11 I15j Year' prriod. Th: an}llysiS shilellci include I rajeelcd profit tend loss rums, inclutdlnLrt\ enues, opcmtimI cxpcnses, develolanleiit casts, debt sc1 ice., etc., and an inll;gtrllcd filialicial cash llow projection showili, the phased renovalioll, l] 'lcling, tnld Completion sehCciLlle. Proposcrs must include a fifieen t1 aj year pro -film in excel spreadshee ic]rnllll illtludinV lOrMUlas. The pro-rorma shMild include iudividiml lisle items the stlppori tell proposvd'17rntccIed r[.`VC11LIU% and expenses, ilicIusive []Peine items 161. gross SI11) venue, prOSS iutu-inzi 01)Cral ion revenue Lather them slip rcvenue, gross ship Stare re\ enuc, grass I I revellule. l`[]4; r'e1'i11U4 lrlSill any []{111'1' i]1'C1p[Ytia'l1 lues}Il ie S1ltatlli, 111L1]'1'1dUal ltllt lte'nYS i1ssL} riled lilt' I (1 SUBSTITUTED each oCIlie correspolIding percellta fe rekell Lie ell Icula Iiotis I11,11 ,l Jillly to llt['w reve.11ue sourcc,' and arc to he paid to the City. and ,ell expenses. Please note thalt, lilt the pu1175 SC ui' the pro - Comm and other financial projections, NI'V steal! be discowited at 11ve percent 0, o_ Gross revenue shad! be dofiIwd as the tot ,II o C a II revenues. rents. incornc and receipts, received by Proposer from any person whomsoc-er (les ally, refunds) oCcwcry kind dc^ri%cd directly or indirectly from operation of the Property, includiriYg w~, ithoul Iii]iiiall 1n, illcolne t'roill both c,►sh and credit traiisactioris. FINANCIAL PLAN a) Financing Plait Prt7l7osals "}1,111 include a description Lit' the lot,al estimaled cost or collstructulll and CC11"1"CSl7UndinP ilimmeiil�; pull for the Pi-clject, illcludinP at description and estimaltc of all sUr-ceti (it' cwjsiruction alr3[I pvIllimient debt and equity fund~ 1st lie used in Ilse Project. I S 'melte([ total construction costs should not be nialteriall[y different 111!111 I1roposcd unless as it '-still Ll I' uuknowii on-site comlillows. Proposers Shall ensure Ihall tairgout rourns and other i ancim, rtlmi&raltioll� all -c 17rescnled. Thc° City reserves the rig==lit to lurther evalttalle 17 for Ice 'Cl finallciw3, �'tlnllllltlllelits 4w�holl the term, the idelitity ol'lhc Illmllcinis So[lrce or 11111-1' I1SI7CL S]! ISLIC1i f lllanclll�.. is deLmcd tio[ 141 the best II3IL I-Csl L1i 1110 City or the Project. b) IIiCrastrue IiIre CSt [Stiate m Proposer., shall I '. p,lre and suhnlil LSlllllaleti Lit 1110 lnitl,ll Illf-,Istl'tldl_lre COSts 01 Ille Project, -1`hc CStlrllal 'Still,)!! b5: cillilplete ill !hall 1151 cost eleilmems are excluded. realistic iii 111,11 quan itics ,end prig 'ti ti,t_d in Lie'v el[:il]i110 the CSI illl,�te reflect aetu,il illM-kCt level cit best Cstilll,ttes Or t'LlturC Priee le\cls and credible in that the estimaiin!{ methntloloPy usc:(l is [consistent with alpplicablindustry siaudtlyds acid practices. For the purposes tl[` this req tiircrilent. "inlir,lSIructure ( lsts" shall nwan alll costs a ssociawd with rt IdS, Lllilitics such as water, sc.`wur Arid el5'ctricity. C) 011 -Going Crlpital 111 I'mst I -tic itre CO1S This Section shall include all eleille, s (11' com\Lt oneiiLs (if' the capilcll assets that require future CXI nditures beyond normal ciiance, or replacement at the end of their Ccononlic lite Iha t are expected to OCClin the Lease "Perm, including for ex-Iuiiple .lny, and all costs assciciatetl with ctly[trin�� s y' Lit ell[ 4i1'161L1S c[1111IIt7ilt.iltti 01-01C 1�rL7jL'Cl. Please ]l[_1tN elle I)E'L'ltl'CI1tiC Ili ]ItcCll'llCire !lent tletil!°I] with L'C7[lSiClCI"alIt}17S 1lia1d5 1571' scat level rise ill order to l7rclti'icle strtlew ith s lonzler a]tlticipated ec[�nnilllc life. nll7iiL with each clement of nn -mill., c,lpila, 1111—ol 5crs Shalll estillulle the eorr`espolldin�, coritiii.'Crliv allilwmil'e with flic esiilii+r cacil ei •I element. Th SuccessFul Proposwr shall be required to C01[Iribtite Linccent (1"oj it gross revenues tel a C ilpilari Illyalstructure l.scroww' =iccot[It1 (perdCSCFO reLl(lit '111en1s) 10 flllld Ull- (7111 c'apitall i i i rni sl ri ic I u res cusis. d) 0iieration and Maintenance i'rnp[isers shall describe in detail arllnurcr s til (lplerati(111ti tlncl nl, ntclltllice fitncis fL7r elle Project. No g(ivernm tit I'(IElds, subsidies, g(wertimcni.11 credit enhal cements, loads, loans ttarantcCS, (lr oIIIC1" {?1eI-]I111eIitally sp011S01C(I fiIW11 MI t) leeIIatlis111 s . Il be 1)roposCd tilt the olm—align or mainteomice of"the Pro Ica Z. FiN.at. Rr•.•r IRN TO THE CITY 'File Prol7n1,cl- Shall INMide a Irtse rent to the C'ily' eclu,il Io oi- grcalcr Ilia I wo - I i on 1 hree Iluildr<d and I.iftyt'I liotis Ind Dol Iairs (52,350,006) anmialIy, PLUS percerita�t: rent cc ,tl to 1st' 37 SUBSTITUTED greater than six percent (fai.',') ral'�vct slip altcl dry �toa'tl��c aper,ltirakls, six perc:ciit (1,��„) of fuel sales, and filar percent (4%) sublease 1ncUmc or (inlet° income received by Proposcr Ivorn Ow use 01'111e PI'upCt-Ly alld peric)tlic esctalauws. "Cllr city expects Lair [Market value to be acllin cd from (lie escalating mminium glue mle d base rent, with percentage o(gross revullues alld illi] Alditional proposed rents prmidillu the City with a shm of [he Project's. financial up,s'rdc. Proposals shill detail other financial berrefils Io he Cily such as cslimalcd 111'i perry taxes, Ili([ other dull -financial bc1lefifs st►ch ,r rleati' jr31), crc,ated- )'lease itlso 11o1c additional details rcf*rarding, rem specil-icd in Section I11..A. above. EXPFRIF.\C'F AND QUALIFICATIONS The 1)roposer shall provide dclails on the patten reeord rlCaccomplishme i, qualifications and \subsections enc:e asf the key persons invoked in (he man�atgcnient and operations til' the propose() ss f” Rusisless TeaIIi ") and dic key persons to be involved ill lllc rcrllodclln�, rellovmion d -milt Or ally prs�sllose(j imps-4)Vellicilk ("T7evelopment l ul. ,°gyre rerl1.lircd t1. .assemble [he requisite expertise, experience, financial Ind einc capallility to liject lllr 1111' ,11[YILlC1ll;lllfle4l[lcllas specified ~%Rhin this Ill P. As suc h. alpplic, lie, Illc,c Llualification requirements sli all he applied to till Proposer's learn gas a ill a 111,11 let" that is Co mMellsl. l -We 11'1111 east, llletullers' allocation ol'responsibilily° ty. flus identi d the {i111c1«-ill- ftactors that shtall serve Is thre�hilld rluali 1-1callolls 1,61'this RWCSs. The capo,er must meet 11ae threshold clLW1i f1CJtions outlined below in tions a) [111.01.11'1 C and include as e 'iticklce o!' i[s gtlalifi4atotlns the illf nnaliun required sections d) 111MUr.11 ): a) Experience: • At the 111114 Of° su\�,, ign, P1'oposcr anti. or its principals steal l possesti ;Inti Ilaa\ e experience direct1'wi11cYt rand.ol° ollerlllillg a prtajecl or this scrips: anti sire ',within the hist fifiI � vcilrs; t Ili • Proposcr and'or` icip: s shall Possess and have a Illinitllum elf atly five (5') V4a1'S 1.l{ cxperrcllL'i--1.11' r Vi)Il'cll kn illi illwilca',hll3 allcl day -[o -clay operation Ora prefect of thise and ,i . within tiro hast ten { 10) years. h} f!1. ille tialac c�f'stabnlisProposer aalc or its printiplls. mull haye ptuyctl 1.l letldirlsrrot oI' 171uwt h.Ive flrrci ipal respon5iha'[yr)I'tllllCl"c€ealli7lrii,ited exl7rl'iellee 1111I1e iticccssful design, rernns-7_ I-ClIO�'ati4111 as f build -01.11 of'tr projects) of similar si c stud C0lIIl)lcxity as 1110 ct incl uses PIr0pos C) Proposer -t1ld,'01' its principals must have had expel, °IK it11 the suceesstul (illancing of al least one [ 1) proi,eel ol'sinidar site or greater. d) Proposcl' must prior iclr 1-�sun16s as well tis a sLrnlnl Iry of 11\1credclalizils and experience ❑f the I1VI'sculs tis be used ler qualify the Proposer rot. this IP, including wvch of [lie Propuscr's principals as well as each member ill* the Prop( 's Business Team and Development team. e) Proposer, must prm ide suff lclen[ funds M COMIL1Ct 0 1XiL1+<<!I'4llirad C11- . aN required by Seclirtrl 111[1) ill)OVC, alae] [Ile f'ailpilser"s rntisl be cleemed by the. 1.rltl he both .,responsiNv—and "respanlsillle"pursuant ala SVCliMl H(G) rabcavc, 38 SUBSTITUTED 1) Proposers must })rovlcle coillact intro 11malion ]ilr (firce (3) business 1-cfercuces for catch principal. and at least cme (1l final1ci11 reference., includin�i conlact nanlcs, company and or pr(llcct M1,I)cs Mid contact telephone numbers of Imli idiiak Who call attest til the 111.0jects tic ilh which the inc[ividtltil has worked. v) Proposers SIL111 also prop isle evidellcc of iirl:ulcia) whc_•rcn ilhal or [illalncinla from a filUll:c:ial iMSOt416011 either can 2 relcrenee lelter or Leltcr of Commitment, either ()I' which must be 1MIC11ecl 1s ))art of Appendix 37 showing the Proposers c,ip.icity tri develop, maintain avid olicraic illc lirciposcd husinctis operations. the tinantial refi;rence Ictler 01' i ell t" of C61111milment Must lie on the fill.incial ii1S111 6011's letterhead slatiaincry. 1) Proposers must Comply with the back�:,'round check recluirkmients in Stvtiutl III (F) heIM% blvd tiLlbmi1 executcd consent Ioi-1115 101' 111e PRII)OSCI',Ii1LI COCA )II.111 iprll 1111 1110 applienble clllily and indiv idtlal C011Sci11 tiirins attached kcretu is App ndx {J, -f. Plf4ll°rrti:+ tt1 1-'r-~,c'tttit l:rti (A) RFP Rc gXifi-aticin 1.01-11:, S Fee: Comp1L1e Rcgistration Form alt ached hereto as Appendix 111d payi e applicable tees associated with this R11), inCILldirl<: (i) A non- •fundable Registration Fee equal to one hundred and fifty dollars ($150),, (ii) A back t- iod check Cee eyuall tci ti1'e 111OUS1111c1 c1n1111's t ?,il�i!]y: (lli] A I3td Secu ty "ILI'Lll ill t14'C11ty het 111(111 Ild dollars. (`5?5.000), 011(1 (iv) other fees Ill. 1 be duc alierScthmission, oil dates specilietl thrirll! hOLIt this RIT a. I�'cicrcitcfl ll Deposit Due upon request after C ilei C`OMMissiml a pprl)cA, h. l:.iMCS1 M01 •y Deposit — Duc. upon 1_clse execution; c. Parking, Gam Contributicnl, is may be apphc:ahle Duc. upoll Lease execution. (13) RFP Subinissiou Form: Coal}) to to its entirety the RIA, Proposal Sulinlissiclll 1'clrm. aittalchcll lierew as Appendix 1, P. `ISC 11010 that a--responsilite prt111osal is olle that Ims 1110 Calla hiIity ill ,ill respects to hilly )) 'torm the. rutluilVillents set fill-in iia the I)rrlpt)sal tulcl the prollosed Lease. A "respollsI v e prt_ll sal" is one that con ornls ilt all ntatcriavl respects to the RFP. Any imssin. intiwmatiou Illi be deemed not responsibic or non^1-Ltil7onsive and limy therel1we lie disqualified fi-olll the 'P process. (C) Rosiness Team Quatlificatiolm C0111pletC the I silletis l ra111 form illcfuciccl Its Appendix 4_ Rc-mimcs should be pi-ovide(I til' Rill mcnibers of le Business Ceam. (n) Development Teal, Qllalificatiotls: Cnn11)IetL tllc D-clupment `I >..aill tiirti) inclucicci .15 Aril�endix j, Resumes should be pro id%d fiir all member.. ol'the Dn clop mellt -1 C1111. (1) C et-tificalions; CLlmplctt; elle approprini C'elliiil:ation c1f-Aut rily attached in Composite Appelidix 6. (F) Disclosure/Disclainier: Complete the. Proposer's Di:scl()surc I)iscl. 'leer altalched hercio .is Appendix 7. (G) Consent l arms: Compictc the consent Form tlttiiclled hereto as Appendix (11)Ncin-Collusion M141.ivit: the Non-C'clllusioil Af'fidnvii imaeltcr icrc(n ars Appendix 10, 39 SUBSTITUTED (1) Proposer's Organizational 111storY/Str'idettrre and. Chart: lir a narrel iv in -in, pleasc deti[:rihc Ilse Proposer's organiraltii,nal a11ldi bUsirless his1[)1-Y aand explatin why the Proposer-', iltt k rrrlt111�1 rllAes it ideal im this oppollurliay. 111casc'11.4o provide ,1 s istral 1-cpi-esemattion in the form of an organizaliomaal chart. (.1) ltedlirltd lease Agreement: Incorporate p1'sal owd revisions to the Form Lease Agi-ccincut pro. Ocd as 1.:+:hihil C. (K) Adldlitiomil Information: Proposer r111iv Provide any additional intbrmattion to dcscrihc ilie Proposer's pr{-lpr sui Prgject Ur' capphility to impleallelll t}ac 11111jec't. 7>t. I al. f � f:1 L' f°'DR f1`L'CEIt'7' �F` I_�'1•'OI�.bJ.-l'f I�1'4� / C'L.�[RII'IC.-I TtO.'k' Pursualit 1\111c C011e OCSile,lee, any request filr additional inl`arrlintion or clarification nium lie received in vrilirlg no litter than 2:00p.m. on 51r 1-A 21, 2017. 1111 ITSICd individutais t {"Prpc a -mail tar fa.e 11161' requcstti 10 Ih[: attenHoti. of. Jalcquelillr I.1,renri,_ I'�-operty Nlanalgement Sp c •iaalist ('.Project 111 mages' ") lit tl,l Cily OCK1411111, f7cltarl1r1cr11 of E ell 1�Sj; j(e .111tj _'� sct rtlalttargcmerrt t I . mail; j1ol-chis �r raliarlli��[ls ,ud,nf and l l.� Irl[+,: (3t};} �}C1f}-j 1117. C: I?Li'(L1P7' Ot-' RIL--,5'P(A'S'L•'S Prop tela mic ( 1 ) oilgirtatl tin[ i l'teua I I S] boW)d COPies will, tal"s of the sig-ned an([ daled proposal, 011c I 1 1 1-1111)OLMLI c[apy Witllua halls 1[rr 1}{,,,lhi cluplic atioit needs, as well ars one [ l y electronic copy-ullrltitted on C'U-IZO*\,1 01 'iastl 17rive alecompimied by the required ([}cume111.ltirin to the ( FACe of' the City Clerk, -1tin: "!'cl ci 13. Hannon, 3.500 Pan American Drl�e, First Floor', Miami, Florida 33133 no biter t11 in 7:tH3PNI . l f41 y 18, 20) 7. Responses must be clearly marked aAq labeled! on the outside of the envelope/pack age as "Virginia Key Marina RF1' 1? No. 1G-17- " falilul'e tea submit as Responsc by the due dlatr alld tirlle, and al the location specified ab{lie', shat result ill mitdlanatic disqualifrcatil,n. l JRRTITI ITFn