ADDENDUM NO. 4 RFLI FEBRUARY 21, 2014

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1 ENRIQUE (HENRY) TORRE Public Facilities Director JOHNNY MARTINEZ, P.E. City Manager ADDENDUM NO. 4 RFLI FEBRUARY 21, 2014 Request for Letters of Interest (RFLI) for the Development and Implementation of a Recreational Support Facility to be located at 3801 Rickenbacker Causeway (on Arthur Lamb Jr. Road) TO: ALL PROSPECTIVE RESPONDENTS: The following changes, additions, deletions and clarifications amend the RFLI Documents for the above captioned RFLI, and shall become an integral part of the Contract Documents. Any words and/or figures stricken through shall be deleted. Any underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and reflect same on the documents you have on hand. ANSWERS TO QUESTIONS SUBMITTED BY PROSPECTIVE RESPONDENTS: Q. 1 What are the visitor numbers and demographics for the park? Are the figures available in detail by day? A. 1 The City s Parks department has a report showing the number of cars entering the park on a monthly basis. The report shall be provided as Addendum 5. Q. 2 What are the current and long term plan with the bicycle trails? Is there a concessionaire in place for the bicycle trails? What access to the trails is permitted? A. 2 The City s Parks department has a good working relationship with the Bike Club, a volunteer group of cycling enthusiasts, and both entities work together to improve the trails. The mountain bike trails are self-sustained. In the future, the trail may be expanding, but it will take time and resources. There are some restoration projects of the nature areas also near the trail and all of that has an effect on the growth of the trail. In terms of access to the trails, they are open for public use; however they have different levels of difficulty and require a helmet to be worn. The City s Parks department is finalizing the details to a Request For Proposals (RFP) that will identify a bike/kayak/paddleboard concessionaire to operate rentals and tours. Q. 3 Are additional structures limited as per the plans provided? Will anything other than the two vendors provided containers be considered? A. 3 The City has provided plans of the recreational support facility it intends to build and subsequently lease to the Successful Respondent. At this time, the City has decided not to break ground on the recreational support facility until the Successful Respondent is selected and approved to operate the facility. This shall allow for the Successful Respondent to recommend minor design improvements or reasonable modifications to the recreational support facility, if any. Page 1

2 Q. 4 May additional mobile structures be brought onsite for day use? A. 4 Additional mobile structures that provide ancillary or complimentary services to the Successful Respondent s services may be brought within the lease area for the recreational support facility. Q. 5 Please confirm the park will supply and maintain the bathrooms, plumbing and electrical. A. 5 The maintenance of the plumbing and electrical within the lease area for the recreational support facility shall be the responsibility of the Successful Respondent. The maintenance of the bathrooms within the lease area for the recreational support facility shall be the responsibility of the Successful Respondent. Q. 6 Who is responsible for maintenance and repairs of the City provided structure, including restrooms? A. 6 Minor repairs and maintenance shall be the responsibility of the Successful Respondent. Q. 7 Will the containers have A/C installed? A. 7 The plans for the recreational support facility show pre-fabricated buildings/trailers (the restrooms and the vendor trailer), which will have air conditioning (A/C). The plans also show two areas labeled Future Storage/Container Area. This area shall be for the Successful Respondent to place its own storage containers. Q. 8 The dock by Shrimpers Lagoon is in disrepair, portions are falling into the lagoon. This is outside the project area. Are repairs or replacement possible by either the City or the winning bidder? A. 8 Correct, the dock by the Shrimper s Lagoon is outside of the lease area being offered through this RFLI. There are no official plans currently in place to change or repair it; however, the City s Capital Improvements department intends to repair the seawall, the dock and the ramp. Once repair plans are finalized by the Capital Improvements department and/or Parks department implement plans for improvements to the dock, then these plans shall be disseminated to the public as part of this RFLI. As a note, the City s Parks department was awarded a Florida Inland Navigation District (FIND) grant and is in the process of identifying the necessary matching dollars required of the City in order to repair the seawall and subsequently allow for a dock, or floating dock, to be placed at the site. Any Respondent to this RFLI offering to repair and replace the dock outside of the lease area shall not receive any additional points or consideration. The Successful Respondent to this RFLI may, at its sole expense, undertake the repair or replacement of the dock so long as such work is properly permitted by state and local regulatory agencies. No rent credit or abatement shall be provided to the Successful Respondent for any repair or replacement work performed outside of the lease area. Q. 9 Boat Ramp It too is in disrepair, steep, and slippery. The incline is greater than optimal for safe launching. Will this be addressed by City? Are repairs or replacement possible by either the City or the winning bidder? A. 9 The boat ramp is outside of the lease area being offered through this RFLI. (Note: Q. 4 in Addendum 3 is similar in nature to this question. This answer shall replace and supersede A. 4 in Addendum 3) There are no official plans currently in place to change or repair it; however, the City s Capital Improvements department intends to repair the seawall, the dock and the ramp. Once repair plans are finalized by the Capital Improvements department and/or Parks department implement plans for improvements to the ramp, then these plans shall be disseminated to the public as part of this RFLI. Page 2

3 As a note, the City s Parks department was awarded a Florida Inland Navigation District (FIND) grant and is in the process of identifying the necessary matching dollars required of the City in order to repair the seawall and subsequently allow for a dock, or floating dock, to be placed at the site. Any Respondent to this RFLI offering to repair and replace the dock outside of the lease area shall not receive any additional points or consideration. The Successful Respondent to this RFLI may, at its sole expense, undertake the repair or replacement of the dock so long as such work is properly permitted by state and local regulatory agencies. No rent credit or abatement shall be provided to the Successful Respondent for any repair or replacement work performed outside of the lease area. Q. 10 How deep is the lagoon? Is topography/sounding available for review? A. 10 The City does not have topography/sounding information at this time. Generally speaking, the average depth in the center of the lagoon is between feet. As one approaches the shore, the depth is about 3 feet at approximately 10 feet away from the shoreline. Then, it gradually slopes up to zero. Q. 11 Are grills permitted onsite? If so, what type and what limitations exist for concession use? A. 11 Grills are not permitted inside the recreational support facility lease area or outside of the lease area by patrons as it poses a safety issue. The City s Parks department has tentative, long-term plans, to populate some of the green space outside of the lease area with picnic tables and the allowed per Code grills (using charcoal only) for enhanced use of the open space. Q. 12 Are pollution studies available regarding the adjacent treatment plant? A. 12 Miami-Dade County has information available for online review. Information for the treatment plant is available under File #8038/UT Follow this link for instructions and to view files: Q. 13 Are or have any of the adjacent areas, or the site area, been evaluated for environmental hazards? If so, are the findings available for review? A. 13 The former landfill on Virginia Key is currently undergoing a full scale environmental assessment by the City. A report that describes the findings is not available yet since the assessment is still ongoing. If the report is published before the close of this RFLI, then this report shall be made available to the public as part of this RFLI. In the meantime, Miami-Dade County has information for the treatment plant is available for online review under File #8038/UT Information for the former Virginia Key Landfill is available under File#10613/SW Follow this link for instructions and to view files: Q. 14 How bad is the smell from the water treatment plant? Are odor levels recorded and are reports available for review? A. 14 The Miami-Dade County Water and Sewer Department (WASD) is the agency best qualified to address this question. Mr. Robert Fergen, Division Chief, Wastewater Treatment & Maintenance at WASD, is Miami-Dade County s Waste Water Treatment Plant contact person. He may be able to provide copies of reports, if any, for review. His address is RFERGEN@miamidade.gov Q. 15 What are the allowed methods for animal control? A. 15 The City prefers that professional or government sponsored trappings services be used to ensure the humane treatment of wildlife in the area. Page 3

4 Q. 16 What are the current ad valorem taxes for the subject site? A. 16 The recreational support facility shall be located at 3801 Rickenbacker Causeway, which is part of Folio of the Miami-Dade County property records. It is currently exempt from ad valorem taxes. The Applied Exemption was $3,284,800. Q. 17 Will the winning bidder be able to appeal tax valuations? A. 17 In the event the lease area is subject to taxation, the Successful Respondent may appeal the tax by immediately notifying the City of its intention to appeal said tax and shall furnish and keep in effect a surety bond of a responsible and substantial surety company reasonably acceptable to the City in an amount sufficient to pay one hundred percent of the contested tax, with all interest on it and costs and expenses, including reasonable attorneys fees, to be incurred in connection with it. Q. 18 Please provide a sample copy of the proposed lease. A. 18 A draft sample shall be provided on the RFLI s website as Addendum 6. Q. 19 In the event of flood or adverse weather, exactly what will the concessionaire be required to remove, in terms of containers/trailers? A. 19 The Successful Respondent shall be responsible for monitoring flooding or adverse weather conditions through the local news media as well as any reports issued by the Emergency Management System. The Successful Respondent shall be responsible for following preparedness guidelines and taking prudent measures to minimize damage to the recreational support facility, to any person, or to life. Q. 20 What flood conditions will determine whether containers are to be removed? A. 20 The Successful Respondent shall be responsible for monitoring flooding or adverse weather conditions through the local news media as well as any reports issued by the Emergency Management System. The Successful Respondent shall be responsible for following preparedness guidelines and taking prudent measures to minimize damage to the recreational support facility to any person, or to life. As such, if a flood advisory is issued for the Miami-Dade County area, then the Successful Respondent shall need to immediately remove the containers. Q. 21 At what stage of a hurricane will containers need to be removed? A. 21 The National Weather Center issues information and warnings for South Florida throughout the hurricane season. The Successful Respondent shall be responsible for monitoring conditions through the local news media. The Successful Respondent shall be responsible for following preparedness guidelines and taking prudent measures to minimize damage to the recreational support facility, to any person, or to life. As such, containers will need to be removed as soon as a Tropical Storm warning is issued for the Miami area. Q. 22 Will containers require removal with each hurricane, or only under specific conditions? A. 22 Yes. Page 4

5 Q. 23 Will the areas outside the subject site be made available for rental by the city? If so, what areas, under what general circumstances, and who will coordinate the rentals? A. 23 As per City Code, the City s Parks department is in charge of overseeing the rental of space at the park. Any special events at the park shall need to be properly permitted through the Park department and/or Special Events department. Q. 24 Is a list of interested parties available (those at the pre-bid meeting and registered participants)? A. 24 A copy of the sign-in sheet from the Optional Pre-proposal Conference and Site Visit held on Friday, January 31, 2014 is available on the RFLI s website as Addendum 2. As of today, there are no registered participants. Q. 25 Are mobile food carts allowed? A. 25 The Successful Respondent approved by the City of Miami City Commission to operate and lease the recreational support facility shall be the only authorized entity to operate at the facility. The Successful Respondent may have the option to enter into subleases, with prior written authorization from the City Manager or his/her authorized designee, with commercial operators interested in providing approved commercial services at the facility. The areas outside of the lease area are not part of this RFLI. Please refer to City Code Chapter 38, Article II, Section titled, Peddling, vending and merchandising, for more information on regulations governing park areas. The comprehensive and exact legislative language may be found at the following web address: Q. 26 Subject to proper licensing, are beer and wine sales permitted? A. 26 No, the City wants to ensure that patrons visiting the recreational support facility, as well as other parks visitors, are safe; therefore, the City is not allowing the sale of beer and/or wine at the recreational support facility. Furthermore, possession or consumption of alcoholic beverages within park limits is prohibited, with a few exceptions as outlined in the City Code Chapter 38, Article II, Section titled, Alcoholic beverages; intoxicated persons, and Chapter 38, Article II, Section titled, Sale or dispensing of beer and/or wine for special events or programs in city parks. The comprehensive and exact legislative language may be found at the following web address: Q. 27 Will any insect control be provided by the park? A. 27 No. ALL OTHER TERMS AND CONDITIONS OF THE RFLI REMAIN THE SAME. Sincerely, ET/oz Enrique ( Henry ) Torre Director C: Todd B. Hannon, City Clerk Veronica A. Xiques, Assistant City Attorney RFLI File Page 5