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HomeMy WebLinkAboutRFP No. 10-10-01 ~ CITY OF SUNNY ISLES BEACH ~!s riJJwtV Of SU~ CITY OF SUNNY ISLES BEACH MIAMI-DADE COUNTY, FLORIDA Request for Proposals Design/Build an Upscale Lifestyle Center consisting of a Park, Parking Garage, and an Aquarium and High End Retail Shops. Release Date: October 6, 2010 Submission Deadline: November 8, 2010 SOLICITATION SCHEDULE PARK, PARKING GARAGE, AN AQUARIUM AND HIGH END RETAIL SHOPS CITY OF SUNNY ISLES BEACH SUNNY ISLES BEACH, FLORIDA Issue RFP to Qualified Proposers October 6, 2010 Proposers Fax RFP Acknowledgement Immediately upon Receipt Mandatory Pre-Proposal Conference October 15,2010 @ 10:00 AM Last Day for RFP Questions to the City November 1,2010 Proposals Submission Deadline November 8, 2010 Oral Presentations to the City Commission November 18,2010 Anticipated Award November 18,2010 PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the City of Sunny Isles Beach (the "City") is soliciting proposals to design and build an upscale lifestyle center consisting of a park, parking garage, and an aquarium and high end retail shops ("Aquatic Entertainment Complex") located in Sunny Isles Beach off Sunny Isles Boulevard adjacent to State Highway A-1-A also known as Collins Avenue. The site consists of approximately 3.5 acres. Interested firm/individuals ("Proposer (s)") may pick-up a copy of Request for Proposals ("RFP") No. 10-10-01 to be issued on Wednesday, October 6, 2010 at Sunny Isles Beach Government Center, 18070 Collins Avenue, City Clerk's Office, Fourth Floor, Sunny Isles Beach, Florida, 33160. RFP No. 10-10-01 is also available from DemandStar by calling (800) 711-1712 or by accessing their website at www.demandstar.com. The RFP contains detailed and specific information about the scope of services, submission requirements and selection procedures. One (1) original, nine (9) copies of the completed and executed Submissions must be delivered to the following address no later than Monday, November 8, 2010 at 12:00 p.m.: Sunny Isles Beach Government Center 18070 Collins A venue, City Clerk First Floor Meeting Room Sunny Isles Beach, Florida, 33160 The City reserves the right to accept or not accept late submitted bids in the sole discretion of the City Manager or his designee. The envelope containing the sealed Proposal must be clearly marked as follows: "SEALED PROPOSAL" RFP NO. 10-10-01 DESIGN/BUILD AN UPSCALE LIFESTYLE CENTER CONSISTING OF A PARK, PARKING GARAGE, AND AN AQUARIUM AND HIGH END RETAIL SHOPS OPENING DATE AND TIME: Monday, November 8, 2010 at 12:00 p.m. A mandatory Pre-RFP Submission Conference is scheduled for Friday, October 15,2010 at 10:00 a.m. at the Sunny Isles Beach Government Center, 18070 Collins Avenue, First Floor Meeting Room, Sunny Isles Beach, Florida. All Proposers planning to submit Submissions shall be required to attend this meeting. Proposers should allow sufficient time to ensure arrival prior to the indicated time. Those who do not attend this mandatory pre- RFP submission conference will not be authorized to submit a proposal. Factors that the City will use in judging the proposals include, but are not limited to, the proposer's experience and financing capabilities, the number of new jobs being created by the Project, the quality of planning, urban design, and architecture, the ability to minimize risk to the City, the effect the project will have on the City's recreational and parking needs, and the 3 proposal's consistency with the City's Master Plan. Selection criteria are discussed in greater detail within this RFP. The selection and approval of a proposal shall be contingent upon the successful negotiation of and execution by the proposer of documents which shall include but not be limited to a ninety- nine (99) year ground lease, a Parking Garage, and Park Construction Agreement, a Development Agreement relating to the Garage, Park, Aquatic Entertainment Complex and other documents intended to set forth the rights and obligation of the City and the successful proposer. The proposer may submit a proposal for a Ground Lease. The contract will be awarded by the City to the Proposer whose proposal best serves the interests of, and represents the best value to, the City in accordance with the criteria set forth in the RFP and Section 62-8 of the City Code. The City reserves the right to reject any or all proposals, with or without cause, to waive technical errors and informalities, and to accept the proposal which best serves the interest of and represents the best value to the City. Any questions regarding RFP No. 10-10-01 are to be directed in writing to Jane A. Hines, CMC, City Clerk, or Rick Conner, City Manager, at the following address: 18070 Collins Ave., 4th Floor, Sunny Isles Beach, Florida 33160. Alternatively, any questions may be sent via email to: jhines@sibfl.net or rconner@sibfl.net. Any questions or clarifications concerning the proposal specifications must be received by Jane A. Hines, CMC, City Clerk, or Rick Conner, City Manager, at least seven (7) business days prior to the date of the proposal opening. For further information, please contract Jane A. Hines, CMC, City Clerk, at (305) 792-1703, facsimile (305) 792-1563 or Rick Conner, City Manager, at (305) 792-1701, facsimile (305) 792- 1563. Jane A. Hines, CMC, City Clerk City of Sunny Isles Beach 4 INVITATION The City of Sunny Isles Beach, (City) hereby issues this Request for Proposals (RFP) requesting proposals from interested parties for the leasing and redevelopment of property owned by the City. The entire site is located in Sunny Isles Beach on Sunny Isles Boulevard adjacent to State Highway A-1-A also known as Collins Avenue. The site consists of approximately 3.5 acres. The City intends to select a qualified development team to design and construct a public park, public garage and a privately financed Aquarium with high end retail shops ("Aquatic Entertainment Complex"). The site configurations for which proposals are being solicited are attached (see map). Factors that the City will use in judging the proposals include, but are not limited to, the proposer's experience and financing capabilities, the number of new jobs being created by the Project, the quality of planning, urban design, and architecture, the ability to minimize risk to the City, the effect the project will have on the City's recreational and parking needs, and the proposal's consistency with the City's Master Plan. Selection criteria are discussed in greater detail within this RFP. The selection and approval of a proposal shall be contingent upon the successful negotiation of and execution by the proposer of documents which shall include but not be limited to a ninety-nine (99) year ground lease, a Parking Garage, and Park Construction Agreement, a Development Agreement relating to the Garage, Park, Aquatic Entertainment Complex and other documents intended to set forth the rights and obligation of the City and the successful proposer. The proposer may submit a proposal for a Ground Lease. Proposers should submit one (1) unbound original and nine (9) copies, sealed and marked on the outside of the package "Design/Build Proposal for an Upscale Lifestyle Center, Garage, Park, and High End Retail Shops delivered to the City Clerk's office located at 18070 Collins Avenue, Sunny Isles Beach, FL 33160 on or before Noon (12:00 PM.) on November 8, 2010. A. Project Description The City of Sunny Isles Beach is a medium density community located on a barrier island in Miami-Dade County, Florida. As a vibrant and multi-cultural community it has been experiencing a major redevelopment and related increase in property values. Incorporated in 1997, the City has enjoyed steady growth over the course ofthe past thirteen years. The City Commission has a clear vision of creating a destination place in Sunny Isles Beach where residents and visitors can enjoy leisure activities, shopping, and entertainment in a lush park in the Town Center District. RFP Aquatic Entertainment Center 5 In 2008, the City Commission requested a feasibility study to assess the park and open space needs of the City. The City Commission also requested a feasibility study to assess the public parking needs of the City in the south corridor. Based on a report prepared by Luft Consulting, Inc., the City determined a great need for a community gathering or destination place on Sunny Isles Boulevard. Similarly, the City determined a strong need for public parking in the south corridor of the City for public uses like the Historic Newport Pier based on a report prepared by traffic consultant, Keith & Schnars, P.A., It is recommended that all proposers obtain a copy of the reports prepared by the aforementioned consultants. The proposed project to be provided by the design-build approach as contemplated by this Request for Proposal is intended to be a focus of multi-cultural experiences and general civic activities. Major overall goals for the new park and aquarium include: · The creation of a modern facility that with an entertainment component that is representative of the City including one of civic importance, a destination point for residents as well as visitors. · Maximize the City's limited funds through creative, functional and practical design. B. Development Objectives and Finance The City's preference for development of the site is for a three hundred fifty (350) car parking garage, a park and an Aquatic Entertainment Complex. The retail component in the parking garage should not be less than 19, 000 square feet of retail space. The retail component in the Aquatic Entertainment Complex should not be less than 30,000 square feet of retail space including ballrooms. This site is intended to play an important role in the City's efforts to stimulate the economic activity in the City as well as develop an upscale lifestyle center for residents and visitors. It is desirable that the development proposal include an Aquarium, restaurants, outdoor cafe, meeting spaces, a cultural center, and exhibit spaces for artists and outdoor performance stage and seating area. The City is financing the Park and Parking Garage. The successful proposer shall be responsible for financing the Aquatic Entertainment Complex. It is important to note that the City will not provide financing to any part of the development of the Aquatic Entertainment Complex. RFP Aquatic Entertainment Center 6 C. Location and Legal Description of the Properties Parcel 1 Folio No. 31-2214-007-0030 Lots 2, 3, 4, less Right of Way of SECOND REVISED PLAT BELLA VISTA SUBDIVISION, according to the plat thereof, as recorded in Plat Book 50, Page 76, of the Public Records of Miami-Dade County, Florida. . Parcel 2 Folio No. 31-2214-007-0040 Lots 5, 6, and 6-A of the Second REVISED PLAT OF BELLA VISTA SUBDIVISION, according to the Plat thereof, recorded in Plat Book 50, at Page 76 of the Public Records of Miami-Dade County, Florida, situated at 215-255 Sunny Isles Boulevard, Sunny Isles Beach, Miami-Dade County, Florida 33160. Parcel 3 Folio No. 31-2214-007-0050 Lot 7, of SECOND REVISED PLAT OF BELLA VISTA SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 50, at Page 76, of the Public Records of Miami- Dade County, Florida. Parcel 4 Folio No. 31-2214-07-0060 Lot 8 of the SECOND REVISED PLAT OF BELLA VISTA, according to the Plat thereof, as recorded in Plat Book 50, at Page 76, of the Public Records of Miami-Dade County, Florida D. Land Use Regulations All proposals shall be subject to City of Sunny Isles Beach approval processes as well as any and all applicable Miami-Dade County Regulations and State and Federal Laws. The property and is located within the Town Center District, which permits recreational uses and commercial uses For a list of Permitted, Conditional, and Accessory uses RFP Aquatic Entertainment Center 7 allowed in the Town Center District, see www.sibfl.net. Planning and Zoning Department, Land Development Regulations Section 265-37 of the Land Development Regulations. The Zoning Designation allows a maximum height of fifty (50) feet. The design of the Aquatic Entertainment Complex, park and parking structure will be further regulated by the City's Land Development Regulations. Proposers should confer with the Sunny Isles Beach Planning and Zoning Department for information on any changes or contemplated proposed changes to the Land Development Regulations. E. Survey The City will provide copies of existing surveys for the identified property. The successful proposer will be responsible for obtaining a survey of the entire tract of property subject to the ground lease. The survey shall be certified to the City as well as all interested parties. The City shall be provided ten (10) signed surveys of the property subject to the ground lease within thirty (30) days of the acceptance of the proposal by the City. F. Miami -Dade County Impact Fees Development of the property will be subject to any and all Miami-Dade County Impact Fees. Please contact the Miami-Dade County for specific information regarding impact fees. G. Environmental Study Several Phase I Environmental Assessments of the property was conducted by the City prior to acquisition of the property and are available for review at the City Clerk Office. H. Bid Bond The proposer must submit with its proposal, a certified check, cashier's check or a Bid Bond from an acceptable surety in favor of the City of Sunny Isles Beach in an amount equal to five (5) percent of the amount of the proposed project's estimated construction cost. In no case shall the bid bond be less than Three Million Five Hundred Dollars ($3, 500,000.00). The initial bid bond will be returned after one hundred twenty (120) days from the date of delivery (submission deadline) to any proposer who has not been selected to negotiate a ground lease and associated agreements with the City during that period or with any proposer with who any negotiations have been terminated. For the successful proposer, funds or the bid bond will be returned at the time of execution of the ground lease and all other related documents. RFP Aquatic Entertainment Center 8 I. Deposits A non-refundable application fee of one thousand dollars ($1,000.00) will be required to cover processing costs. Checks should be made out to the City of Sunny Isles Beach. J. General Content and Format Instructions Utilizing the format and organization prescribed below, proposers are to provide the requested information in a brief and succinct manner making every effort to present information clearly and concisely. Information must be current and accurate for the firm, or joint venture, including all proposed key consultants/associates and subcontractors for the specific office(s) identified which will have responsibility for performing the work. Proposers should address the requirements of the project consistent with the evaluation criteria described in this RFP. Lengthy narratives containing extraneous information are discouraged. Proposals that do not follow these instructions, or otherwise include documentation that is difficult to read, may result in disqualification or a lower evaluation rating. The overall quality of the written proposal and interview will bear considerable weight in the selection process. All proposal preparation costs shall be borne by the proposers without reimbursement from the City. The following describes certain information that the City will require for the proposal. The proposer shall submit one (1) original (unbound) and nine (9) copies of the proposal which describes entire project consisting of a park, an Aquatic Entertainment Complex, and a three hundred fifty (350) car parking garage. 1. The proposer must state with specificity the anticipated uses within the project. The uses must be currently permissible under the City of Sunny Isles Beach Land Development Regulations. Specify the total square footage of the project and the breakdown of each proposed use. 2. In order to demonstrate that the project is feasible the proposer must submit documentation regarding the economic feasibility of the Project. If the proposal is selected by the City the proposer must submit upon request, prior to the signing of the ninety-nine (99) year ground lease, a market study justifying the feasibility of the project. The study must be performed by a professional engaged in the business of real estate market research and/or commercial real estate appraising. If an appraiser is utilized, then he or she must be licensed in the State of Florida. The obligation of the City to execute the ground lease may be contingent upon the City's acception and approval of the market RFP Aquatic Entertainment Center 9 study. The City shall have the sole discretion to accept or reject the market study submitted or in the alternative it shall have the right to seek on its own accord and at its own cost a second market study. 3. The proposer must submit an illustrative site plan and one or two elevations on a sheet or sheets measuring 24" by 36" at a scale of one inch equals twenty feet (I" = 20'). The site plan should include, as a minimum, the location of the proposed parking garage, the park, the Aquatic Entertainment Complex and the public streets surrounding the site. Parking, sidewalks, and major landscaping features should be illustrated. In addition the proposer should reduce the site plan to a format measuring 8 1/2" by II" or II" by 17" for ease of review. 4. The proposer must submit floor plans of the proposed parking garage, and the Aquatic Entertainment Complex, on a sheet or sheets measuring 24" by 36". The proposer may choose an architectural scale appropriate to communicate the concept of the proposed project. In addition the proposer should reduce the floor plans to a format measuring 8 1/2" by II" or II" by 17" for ease of review. 5. The proposer must submit a time schedule for the completion of the project including the three hundred fifty (350) car parking garage, park, and the Aquatic Entertainment Complex, as well as all off-site improvements. If the project is to be redeveloped in phases, then the time schedule should reflect the phases. 6. The proposer must submit a total project cost analysis stating, by category, the major elements of the project. The major cost items shall include, at a minimum, land costs, design costs, building costs, parking costs, landscaping costs, architectural and engineering costs, marketing costs, financing costs, and any other significant costs. 7. The proposer must submit a financing plan which may include a preliminary financing commitment letter from a lending institution or other primary source of investment financing for the total construction of the project. The financing plan must account for all debt and equity investment required to fund the project. A firm financing commitment from a lending institution or other source of investment financing must be provided at a minimum sixty (60) days prior to the execution ofthe ground lease K. Minimum Qualification Requirements Proposers must be registered with the State of Florida Secretary of State as a domestic corporation or partnership, or a foreign corporation or partnership doing business in the State. Proposers must be a firm or joint venture with experience, individually or as a member of a team, successfully and satisfactorily completing a minimum of one project of similar size and scope (not necessarily design-build experience). RFP Aquatic Entertainment Center 10 The design of the architectural and engineering features of the project shall be accomplished by, or reviewed and approved by, architects and engineers licensed to practice in their particular field within the State of Florida. Proposers, individually or as a team, must have the capacity to obtain performance and payment bonds for 110% of the design-build contract. A proposer's team, or firms and key personnel proposed in response to this RFP, must remain fixed for the duration of this design-builder selection process and contract performance period unless a change is submitted in writing to the City, whom, in its sole discretion, accepts and provides written authorization of the change. Unauthorized changes to the proposer's team at anytime during the selection process can result in the elimination of the proposer from further consideration. Participation by small, small-disadvantaged and minority owned businesses are also encouraged. Other Past Performance History. Proposers must identify all projects for the past five (5) years wherein the proposer, or any subcontractor, teaming partner or other principal member or firm of the proposed team, received a cure notice, was assessed liquidated damages or was default terminated. For each such instance, identify the contract, owner's contract number, owner name, the point of contact for the owner including telephone number, and provide an explanation of the circumstances including disposition. Proposers must also provide a description (including contact, owner's contract number, owner name, owner point of contact, parties involved, amount and disposition) relative to any claims or litigation in the past five years in connection with changes, schedule or subcontractor/consultant disputes. If none, state as such. L. Key Personnel, Consultants and Subcontractors 1. Organizational Chart. The proposer is to prepare an organizational chart identifying individuals and their associated firms responsible for major functions to be performed relative to designing and building all aspects of the project. The chart shall identify a single point of contact for the City during the Proposal and Design-Build process and shall indicate the functional structure of the organization down to the design discipline leader and construction superintendent level, and shall identify key personnel by name. Charts must indicate the anticipated percent of each individual's time that will be committed to the project and the percent of time committed to other projects. All proposed key consultants/associates and major trade subcontractors shall be identified in the chart. The critical support elements of project management, project administration, design management, construction management, quality control/quality assurance, and subcontractor administration shall be identified. A brief description of significant functional relationships among participants shall accompany each chart. RFP Aquatic Entertainment Center 11 2. Additional Organizational Charts. If significant changes to the proposer's organization are planned for different project phases, separate organizational charts shall be provided for each phase identifying key personnel and indicating their respective anticipated percent of time commitments for each phase. The rationale for selecting the proposed functional organization(s) for each phase of the project shall be identified and explained in this section. 3. Summary of Personnel by Discipline. The proposer is to identify the number of personnel by discipline being proposed to work on the project; list only those personnel who the proposer anticipates will be utilized on this project and do not include field labor. List each person only once by primary function. List proposed in-house personnel, proposed key consultant/major subcontractor personnel, and total anticipated personnel (in-house, submitting office; in-house, other offices; and consultant/subcontractor for submitting offices only) in the appropriate columns. 4. Key Personnel. Individuals considered critical to the accomplishment of design-build services shall be identified by the proposer as key personnel. For each such person, the proposer is to provide a resume in the hereinafter prescribed format and a statement defining the extent of availability and corporate commitment of that key person for the proposed position. If the proposer intends to hire additional staff which would include key personnel, state a timetable for doing so. At a minimum, the proposer is to provide resumes and the above information for each of the following in the following order: - Project Executive/Principal-in-Charge - Project Manager - Design Team Leader - Design Phase Project Manager (if different than proposer Project Manager) - Lead Designers (Civil, Architectural, Mechanical, Electrical and Structural) - Cost Estimator - Scheduler - Construction Phase Project Manager (if different than Project Manager) - Construction Superintendent - QAlQC - Design and Construction - Fire Protection and Geotechnical Engineer - Mechanical Subcontractor Project Manager - Plumbing Subcontractor Project Manager (if different from Mechanical Subcontractor) - Electrical Subcontractor Project Manager - Inspections and Testing Firm Project Manager - Any other relevant Specialty Personnel or Consultants (acoustical, lighting, vibration, etc.) The required resume format for the Key Personnel (including numbering and headings) is as follows: RFP Aquatic Entertainment Center 12 - Name and Title - Project Assignment and Responsibilities - Current Employer and Years with Employer - Years Experience with Other Employers (including past responsibilities) - Education and Specialized Training (including: degree(s), graduation date(s), field/ specialization) - Active Registration (year first registered, discipline, and state) or NCARB registered - Summary listing of relevant projects (type, size to include square meters and construction cost, position/responsibility, and federal project experience) - Narrative Summary of most relevant experience and strengths (including, but not limited to: design-build; local experience within proximity of one hundred (100) miles; and additional relevant experience). 5. Team Member Information. Unless the services are provided by an employee of the proposer, provide information with respect to the team members listed below (entities as opposed to individuals): - Architect - Engineers (civil, mechanical, electrical and structural) - Cost Estimator - Scheduler - Fire Safety Engineer - Fire Protection - Geotechnical Engineer - Mechanical Subcontractor - Plumbing Subcontractor (if different from Mechanical Subcontractor) - Electrical Subcontractor - Inspections and Testing Firm - Any other relevant Specialty Personnel or Consultants For these team members, the proposer shall provide the following information: - Firm's name and business address - Year the firm was established - Whether the firm is a small business, small disadvantaged business, or woman-owned business - Name and address of parent company (if any) - If previously owned, identify the former parent company (if any) - Identify a number of present operating offices and provide address, telephone number and number of personnel by discipline in each operating office - Identify total number of personnel within the firm (excluding parent companies) - Provide a summary of professional services fees received for the past five years. M. Management Approach This section shall address the proposer's management approach to design-build, project management philosophy, plan for executing the project and related contract administration, and how the proposer plans to achieve the project requirements. The proposer may reference the Organization Chart(s) from Section L as appropriate. RFP Aquatic Entertainment Center 13 1. Understanding of Project. A statement of the proposer's understanding of the project, relating relevant experience to the proposed project and design/build methodology as well as any initial thoughts regarding the information provided in this RFP. Identify any unique or special qualifications the proposer's organization can provide in support of the project including expertise with accelerated design and construction. 2. General Approach. An overview description for implementing and completing the project using a design/build methodology, including work location(s), support tools (computers, software, equipment, etc.), a general description of the proposed design, preconstruction/construction management methods to be utilized and the proposed safety plan. 3. Coordination of Team Members/Subcontractors. Detail how the team members will work together to provide a unified design/build approach to all elements of the work. Provide a staffing chart which delineates line and staff functions. Address the proposer's present/projected workload and ability to commit the team resources to the assignment within the time frame of this project. Address the team decision making process and how internal disputes between team members will be resolved (e.g., between the general construction entity and the AlE of Record). 4. Subcontracting Plan. Participation by small, small-disadvantaged, and minority-owned businesses is encouraged and Proposers are required to submit a subcontracting plan with their proposal. The subcontracting plan shall address proposer goals, expressed in terms of percentages of total planned subcontracting dollars, for the use of small business concerns, small disadvantaged business concerns and women- owned small business concerns as subcontractors. 5. Estimating and Cost Control. Explain the proposer's approach to cost estimating and how costs will be controlled. Indicate how the proposer will maintain quality at the lowest overall cost to the City and how price adjustments for City directed changes will be minimized. Discuss approach to developing alternate design concepts and how any building elements that appear out of line with costs on comparable projects, City Requirements necessitating excessive construction costs, or qualified substitute materials/different methods of construction that may provide equal or superior performance at an equal or lower cost will be identified and handled. 6. Scheduling and Schedule Control. Describe the means and methods by which the proposer will plan and control the scheduling of work to meet the contractual completion date (including any plans which address the possibility of early completion). Submit a graphical schedule in Gantt chart format with no less than twenty-five (25) activities and no more than one hundred (100) activities. The schedule submission should clearly indicate major milestones included substantial completion date, punch list period and final completion date. Discuss major design/build milestone activities that allow for the most expeditious, economical and practicable execution of the design and construction. Address how any apparent long lead items where advance fabrication or RFP Aquatic Entertainment Center 14 procurement prior to the commencement of construction, may be beneficial to the City will be accomplished. Discuss proposer's procedure for identifying potential delays and how the occurrence of an event giving rise to a delay or potential delay will be handled including the use of recovery plans and schedules. 7. Design and Construction Quality Control/Assurance Plan. (See Section Quality Control of the City Requirements). Include a narrative describing general approach to quality control during design and construction. Address how the proposer will accomplish single discipline technical (peer), interdisciplinary coordination, and constructability reviews to evaluate appropriateness of design and overall completeness of the documents on a discipline by discipline basis; assess compliance with City minimum design and submission requirements prior to submission to the City; maximize coordination between trades and sequencing of construction elements and to ensure that all design documents are clear in intention, adequate in information and sufficient for construction. For the construction phase(s) discuss how inspections and tests of all major building systems and features supported by a preliminary outline of building components will impact or demonstrate attainment of performance requirements. 8. Substantiation. It is often difficult to prove that the final design and construction comply with the owner's criteria. Discuss, in general, the approach to, and use of, "substantiation" to identify misinterpretations and errors of the owner's Technical & Performance Criteria before they become expensive to correct. Your substantiation approach should address how you will evidence that that the proposed design or construction will comply with the performance requirements and/or how you intend to verify that actual design or construction does meet the requirements (e.g., design presentations, tests, inspections, certifications, etc.) of the actual construction represent a statement of intentions or a prediction, both of which are used. 9. Construction Site Utilization Plan. Prepare a Construction Site Utilization Plan drawing (Scale: 1 "-20') depicting the proposed construction utilization of site, including locations of temporary office and storage facilities, parking, construction entrances, staging and storage areas, stockpile, trailers, construction employees' parking and welfare facilities (toilets, lunch room, etc.) and the like, tower cranes (if needed), erosion/sediment control, tree save areas (if needed) and construction fencing as required. In narrative form to accompany the Construction Site Utilization Plan drawing, outline the proposer's proposed construction utilization of site, including locations of temporary facilities, construction entrances, staging and storage areas, stockpile areas, tower cranes (if needed), erosion/sediment control, tree save areas and construction fencing as required. 10. Permits. The proposer shall identify all permits required for construction of the project, and operation of the completed facility. The Design-Builder shall prepare the necessary documentation and forms required for the permits, and shall apply for, pay for and obtain all such permits. Proposer is advised that compliance with the requirements of other environmental regulatory documents and procedures may be required. For each permit required, the proposer shall evaluate all Federal, State and/or RFP Aquatic Entertainment Center 15 local regulations to determine if monitoring devices are required. Where required, monitoring devices shall be identified and in the Proposal. Permit information and data shall be provided by the Design- Builder as part of the proposer's Proposal and shall include: - Type of permit required (construction, demolition, hazardous materials removal, operation, etc.). - Permitting Authority (Federal, State, local, etc.). . - Procedure and time necessary to complete the permit application. - A statement that the project is covered by variances or that a permit is not required. If a variance is required, describe procedures on how it may be obtained. If a permit is not required, furnish reasons and supporting justification (cite state or local regulations). -Fees required (City of Sunny Isles will not charge a fee for the Building Permit required, but will charge all other fees, particularly re-inspection fees). Legal Structure Information. If the proposer's organization legally exists or has been formed for this RFP, identify the nature of the entity or other arrangement. If the proposer's organization has not yet been formed, provide a brief description of the proposed legal structure. State whether major participants will have joint and several liability and/or identify any limitations of liability between the organization's principal members. In cases where principal participants on different Proposers' organizations belong to the same parent company, each proposer shall describe how potential conflicts of interest will be managed throughout the Proposal phases of the project. N. Questions, Inquiries, Clarifications, and Mandatory Pre-RFP Conference The point of contact for questions, inquiries and clarifications is Jane A. Hines, CMC, City Clerk, who can be reached at (305) 792-1703, fax at (305) 792-1563 and email at ihines@sibfl.net or Rick Conner, City Manager, at (305) 792-1701, fax at (305) 792-1563, and rconner@sibfl.net. You are asked not to call anyone else at the City, if you have any questions. To the extent Proposers have questions regarding this RFP, they are to be submitted in writing (fax and email are acceptable) on or before 12:00PM local time, November 1,2010. Questions received after this date may not be answered. At the City's discretion, interpretations or clarifications considered necessary by the City in response to any questions or clarification requests will be issued by addenda faxed or mailed to all parties recorded by the City as having received the RFP. Proposers may arrange for courier delivery of any addenda at their own expense. Only questions answered by formal written Addenda will be binding; oral and other interpretations or clarifications will be without legal effect. A mandatory pre-RFP Conference is scheduled for Friday, October 15,2010, 10:00 am, at the Sunny Isles Beach Government Center, 18070 Collins Avenue, First Floor Meeting Room, Sunny Isles Beach, Florida. All proposers planning to submit RFP Aquatic Entertainment Center 16 proposals are required to attend this meeting. Proposals from those who have failed to attend will not be accepted. o. Examination of RFP Documents and Site It is the responsibility of each proposer, before submitting a proposal, to: - Examine thoroughly the RFP Documents; - Visit the site to become familiar with and satisfy the proposer as to the general, local, and site conditions that may affect cost, progress, or performance of the work. - Consider federal, state, and local laws and regulations that may affect cost, progress, and performance of the work and the operation of the aquarium facility; - Study and carefully correlate the proposer's knowledge and observations with the RFP Documents and other related data; - Promptly notify the City of all conflicts, errors, ambiguities, and discrepancies which the proposer has discovered in the RFP Documents. P. The ground lease will require a termination provision to be negotiated as part of the ground lease in the event the successful proposer fails to complete its obligations for the commencement ofthe project within an agreed upon time. Q. The proposer will be required to pay ad valorem tax for the ground lease unless an exemption is provided by taxing authorities. R. The proposer must submit a site plan of the proposed redevelopment project at a scale of one inch equals twenty feet (1" = 20'). The site plan should include, as a minimum, the location of proposed buildings. Parking, walkways and major landscaping features should be illustrated. Ifthe project is to be built in phases, then a site plan should be submitted for each phase. The site plan should include any proposed improvements to the park. S. The proposer must submit a total project cost analysis stating, by category, the major elements of the redevelopment and their respective costs. The major cost items shall include, as a minimum, land costs, building costs, parking garage construction costs, landscaping costs, reconstruction costs, other site costs, architectural and engineering costs, and any other significant costs. T. Registration and Addenda All interested parties must register their name, address and telephone number at the City Clerk's office in order to receive any changes, additions, addendums or other notices concerning the request for proposals. A registration form will be supplied at the mandatory pre-bid conference. RFP Aquatic Entertainment Center 17 u. Site Visits Any interested party may visit the site. v. Selection Criteria Factors the City will use in evaluating proposals include, but will not be limited to are as follows: 1. The qualifications (experience and capabilities) and financial capacities of the proposer as they would indicate ability to complete the project. 2. The prospects for market and financial feasibility and financibility of the proposed project. 3. The level of commitment and financial strength of proposed pre lease tenants, if any. 4. The level of commitment of financing sources. 5. The potential tax revenues generated by the project. 6. The economic impact on other businesses located in the Town Center District. 7. The number and character of new jobs created in the Town Center District. 8. The extent to which the mix of the proposed land uses supports the other land uses and planning goals of the Town Center District. 9. The quality of site planning, landscaping and building design proposed for the project and the quality of proposed improvements, if applicable. 10. The Risk to the City. 11. Design and construction expertise of the proposer. w. Proposals and Disposition Process Sealed proposals must be filed with the City Clerk at her office located at City Hall which is located at 18070 Collins Avenue, Sunny Isles Beach, Florida, 33160, no later than 12:00 PM. (noon) on November 8, 2010. City staff will open the proposals after that time and review them for compliance with submission requirements The City will select the proposer, the City determines to be the most qualified and responsive proposer based on the City's evaluation of the Statement of Qualification -in accordance with Paragraph V of this RFP and interviews, if conducted. The City will act, at its sole secretion in what it considers to be in the best interest of the City. The City will evaluate the comparable experience, capability, project management, workload, financial strength and other factors the City deems pertinent and will select the proposer that it deems to be the most qualified. The City will be the sole judge in determining the most qualified firm in accordance with the criteria set forth in Section 62-8 of the City Code and the criteria set forth herein. Any protests or objections to the RFP selection of the successful proposer must be submitted in writing in accordance with Section 62-15 of the City Code. RFP Aquatic Entertainment Center 18 Up to three (3) ranked proposers may be invited to make a presentation at a public meeting to the City Commission. The City Commission will ultimately select the successful proposal at a public meeting based on the recommendation of the City Manager. The City reserves the right to negotiate such terms and conditions with the successful proposer as it deems in the public interest. In the event a contract and ground lease is not negotiated to the City's satisfaction, the City may abandon such negotiation, and if it determines it appropriate, to then commence negotiations with the next proposer. Negotiations of the public aspect of the project will be in accordance with Section 287.055, Florida Statutes. Proposals will be accepted under the provisions of Section 255.20, Florida Statutes, and shall be subject to competitive negotiation. Proposals entered into this RFP process shall be considered irrevocable until after a bidder is selected to enter into contract with the City. Withdrawal during this period or a failure to participate in the requirements of the bid process shall result in a forfeiture of the bid deposit. x. Right to Reject and Withdraw The City Commission reserves the right to reject any or all Proposals, to waive any informalities or irregularities in any Proposals received, to re-advertise for Proposals, to award in whole or in part to one or more offeror's, or take any other such actions that may be deemed to be in the best interests of the City. Upon the City's acceptance of a proposal, the proposer's failure to execute the ninety-nine (99) ground lease and all related documents including but not limited to a Parking Garage and Park Construction Agreement, a Development Agreement relating to the Aquatic Entertainment Complex and a Operating Agreement within one hundred twenty (120) calendar days from the determination by the City Commission to accept the proposal shall be a basis for the City Commission to reject the proposal. The City specifically reserves the right to refrain from accepting a proposal for the design/build of the project and entering into a ninety-nine (99) year ground lease to any person and to withdraw from the process and/or negotiations at any time at its sole discretion. The City reserves the right to enter into a ground lease and related documents with any of the proposers on the basis of the impact on redevelopment by the proposed project at the City's sole discretion. The City expressly reserves the right to obtain economic feasibility studies and parking studies with regard to any or all of the subject proposals. RFP Aquatic Entertainment Center 19 Y. Interpretations Questions and inquiries concerning the proposal and specification of the solicitation shall be submitted in writing and directed to the City Manager, Rick Conner or designee, for receipt no later than ten (10) calendar days prior to the date set for receiving proposals. Oral explanations, information and instructions shall not be considered binding on the City. All prospective proposers are encouraged to independently verify the accuracy of any information provided. Neither the City nor any of its agents or employees shall be responsibleJor the accuracy of any oral information provided to any proposer. z. Sunny Isles Beach Offices and Contact Information The City of Sunny Isles Beach Offices is located at 18070 Collins Avenue, Sunny Isles Beach, FL 33160. The telephone number is 305-792-1703. The contact person for this RFP is Rick Conner, City Manager, email address:rconner@sibfl.net. The web site is http://www.sibfl.net. The fax number is 305-792-1563. AA. Public Entity Crimes The 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 bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may no 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, Florida Statutes, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. BB. Drug-Free Workplace Every Proposer shall provide a certification on the form to be provided indicating whether the Proposer has implemented a drug-free workplace program pursuant to the requirements of Florida Statute Section 287.087. Preference in the award process shall be given, according to the statutory requirements, to a business that certifies it has implemented a drug-free workplace program. RFP Aquatic Entertainment Center 20 AUTHORIZATION FOR RELEASE OF INFORMATION To whom it may concern: The undersigned hereby authorizes you to release to the City any information in your possession regarding the undersigned either of a professional credit or personal nature including the statement of your opinions with regard to the undersigned's professional credit and personal character. By: STATE OF FLORIDA COUNTY OF THE FOREGOING INSTRUMENT was acknowledged before me this _day of 2010, by who is personally known to me or who has respectively produced as identification and did not take an oath. Notary Public: Print Name: Commission No.: (SEAL) My Commission Expires: Name: Home Address: Home Telephone Number: Business Telephone Number: Fax Number: Date of Birth: Professional License Number: RFP Aquatic Entertainment Center 21 PROPOSAL FORM - GROUND LEASE FOR AQUA TIC ENTERTAINMENT CENTER Aquatic Entertainment Center - 151 Sunny Isles Boulevard By signature below, the Proposer submitting this Proposal Form understands that either party will have the right to negotiate additional terms and conditions that do not materially differ from or change the essential elements of the Request for Proposal or of the Proposer's proposal. A. Ground Lease Term: 99 years B. Estimated Land Value: $10 Million Dollars C. Ground Lease Rent: Rent shall be payable monthly, in advance. The City expects fair market rent for the ground based on appraisal of the value of the land, length or term, and periodic increases in rent. DEVELOPER PROPOSAL FOR SITE: Ground Lease term: 99 Years Annual Ground Lease Rent Amount: Dollars Ground Lease increase: 1. () % increase every ( ) years; Conditions: Name of Company: Company Address: Contact Phone: Name of Representative authorized to submit proposals: Signature: Date: RFP Aquatic Entertainment Center 22 MAPS RFP Aquatic Entertainment Center 23 ~~l . I . ~ .,~ ~: ::1/' " ~~:: .1-., ~ i 't~1';: ~~.I .. .)-.. '~l . ~. :~..r...i\ .~u," :~ - - .-- ~ 'til'; ..~~ ;r -, ~ 24 ~~j ~:Ii . I "~ " 25 Property Information Map My Home Miami-Dade County, Florida ~ Property Information Map Page 1 ..D Aerial Photography - 2009 o _ 131 ft This map was created on 9/28/2010 3:16:59 PM for reference purposes only. Web Site@2002 Miami-Dade County. All rights reserved. .. .. 18070 COLLINS AVE SUNNY ISLES BEACH FL 3160- Property Infonnatlon: Primary 110 COMMERCIALJRESIDENTIAL 17one: ~SIGN DISTRICT IcLuc: 40 MUNICIPAL BedslBaths: 0 loars: 1 Uving Units: ~jSq 19.064 Footaae: Lot Size: ilO 000 sa FT lY8ar Buill: 1951 NO REV BELLA VISTA PB 50-76 LOTS 2 & 3 & 4 LESS !:&gal RIW LOT SIZE 300.000 X 200 IAIU 30-2214-007-0030 Description: DR16729-2662-64/184a9-0473 1994 OR 26968 2607 07 009 18 Assessment Infonnatlon: Vear: 2010 2009 Land Value: $3000.000 3 600 00 BulldlnoValue: 1$1 067.873 1 10002 Martet Value: $4 067.873 4.700 02 IA.SSessed Value: $4 067.873 ~ 700 02 Taxable Value Infonnatlon: !Year: 2010 2009 Applied Applied axing Authority: exemption! Exemptionl Taxable Taxable Value: Value: Regional: $01 $01 $4 067 873 $4 700 023 ~ounty: SOl $01 $4 067 873 $4,700 023 City: SOl $01 $4 067 873 $4 700 023 School Board: $01 $01 S4067 873 14,700023 Deeds to or axecuted by federal. stata, or local ovemment agency ndudlng trustees (or http://gisims2.miamidade.gov/myhome/printmap.asp?mapurl=http://gisims2.miamidade.Qo ... 9/2&12010 26 Property Information Map My Home Miami-Dade County, Florida - Page 1 of 1 .."D Property Information Map Aerial Photography - 2009 o -130ft This map was created on 9/28/2010 3:19:58 PM for reference purposes only. Web Site @ 2002 Miami-Dade County. All rights reserved. ~ CD 1843 ales which are Isquallfled as a resu~ of xarn/nallon of the deed 27 httn'/Ioi"im"? mi~miil:uip. onv/mvhnmp/nrintm~n ~c:n?m~nl1rl=httn.llaicdmc:? mi~mi{hllip an o/?sV?nlO Property Information Map My Home Miami-Dade County, Florida - Property Information Map Aertal Photography - 2009 o -130ft This map was created on 9/28/2010 3:27:36 PM for reference purposes only. Web Site @ 2002 Miami-Dade County. All rights reserved. 8. cD Page 1 of 1 .... NO REV BElLA VISTA PB 0-76 LOT 7 LESS ANI OR gal 13890-2521188 2 F/AIU 30- escrlptlon: 214-007-0050 COC 26383- 721 0520083 OR 26383- 721 0508 01 Assessment Information: ear: 2010 2009 and Value: $1 000000 Sl 200 DOC uildino Value: $0 SO arket Value: $1.000 000 Sl 200 DOC .!lsessed Value: $1 000 000 Sl 200 DOC Taxable Value Information: ear: 2010 2009 Applied Applied Exemption! Exemption! Taxable Taxable Value: Value: $1,000,0001 $1,200,0001 $0 $1,000,0001 $1,200.0001 $0 $1,000,0001 $1,200,0001 eglonaJ: ounty: Ity: chool Board: Sale Information: ale Date: 008 ale Amount: ale O/R: ales ualiflcallon Desert lion: 28 httn'lIa;~itTI~? tTI;lltTIttillti... O'n"/tTI"hntTI.../nrinhTl<ln <l~n?1TI<lnl1rl-httn.II"';";1TI"') 1TI''''1TI;,l",,l,. tyro 0/')1l/')(\1(\ Property Information Map My Home Miami-Dade County, Florida - Page 1 of 1 .."D Property Informatlo,", Map Aerial Photography. 2009 o -130ft This map was created on 9/28/2010 3:28:22 PM for reference purposes only. Web Site@2002 Miami-Dade County. All rights reserved. Ii WID Year: 2010 2009 Applied Applied axing Authority: Exemption! Exemption! Taxable Taxable Value: Value: !Regional: $01 SOl I $1 257 175 $1.462 339 County: $01 SOl $1257175 S1 462 339 CIty: $01 SOl $1257175 $1 462 339 School Board: $01 SOl I $1 257 175 S1 462 339 29 'httn. J Itr1~1",~? 1"n;'2!T'r\;rI QrI~ nn"/rn"hn""~/n..;nt",,f1t"\ ':t"'n?.,....,l:anl1rl-),ttn./ln; ""n-\"'') "",;"~;,.J,,,.JA t'9^ o I'l 0 I'lfl 1 fl Fax Acknowledgement of RFP Receipt Upscale Lifestyle Center Park, an Aquarium, Parking Garage, and High End Retail Shops City of Sunny Isles Beach Sunny Isles Beach, Florida We hereby acknowledge receipt of Request for Proposals (RFP) for design-build services for the proposed upscale lifestyle center consisting of a Park, an Aquarium, Parking Garage and High End Retail Shops dated, October 6, 2010. We also hereby acknowledge our firm will be submitting a Proposal and that the individual listed below is our single point of contract. Signature: Printed Name: Date: Title: Representing: Address: Phone Number: Fax Number: Email Address/ www.: Please fax immediately upon receipt to City Clerk at 305-792-1563. RFP Aquatic Entertainment Center 30