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HomeMy WebLinkAboutR-95-0083J-94-991 2/9/95 RESOLUTION NO. 9 5 - 83 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE ISSUANCE OF A REQUEST FOR PROPOSALS ("RFP") ON MARCH 7, 1995, IN SUBSTANTIALLY THE ATTACHED FORM, FOR A UNIFIED DEVELOPMENT PROJECT ("UDP") CONSISTING OF THE DEVELOPMENT OF THE VIRGINIA KEY CAMPGROUND AND ANCILLARY RECREATIONAL FACILITIES ON APPROXIMATELY 165 ACRES OF CITY -OWNED WATERFRONT PROPERTY LOCATED AT VIRGINIA KEY BEACH, MIAMI, FLORIDA. WHEREAS, City of Miami Charter Section 29A(o) allows for "Unified Development Projects" where an interest in real property is owned or is to be acquired by the City and is to be used for development of improvements; and WHEREAS, on July 26, 1994, pursuant to Resolution No. 94-448, the City Commission determined that the development of the Virginia Key Campground and ancillary recreational facilities on approximately 165 acres of City -owned waterfront property, located at Virginia Key Beach, Miami, Florida, would best be accomplished using the UDP process; and WHEREAS, pursuant to the aforementioned Resolution, it was determined that said UDP for the Virginia Key Campground and ancillary recreational facilities, shall consist of an integrated package from the private sector that includes planning, design, construction, leasing and management of the proposed improvements; and ES%INDED C0"YJTAUiMrAD CITY COM_MISSIOPT MEETING OF Resolution No. 95- 83 WHEREAS, Resolution No. 94-448 further authorized the City Manager to prepare a Request for Proposals "("RFP") and scheduled a public hearing for October 13, 1994, at 10:00 A.M. to consider the contents of the RFP; and WHEREAS, said scheduled public hearing was delayed until this date; and WHEREAS, City Charter Section 29A(c) authorizes, at the conclusion of the public hearing, if the City Commission is disposed to proceed, the issuance of an RFP, selection of a certified public accounting firm, and appointment of members to a review committee from persons recommended by the City Manager; WHEREAS. the City Commission will appoint members to a review committee, to include two students from Mast Academy, and select a certified public accounting firm to evaluate proposals in connection with said UDP at the Commission Meeting of March 9, 1995. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorized to issue a RFP on March 7, 1995, in substantially the attached form, for the Unified Development of the Virginia Key Campground and ancillary recreational facilities on approximately 165 acres of City -owned waterfront property located at Virginia Key Beach, Miami, Florida. 95- 83 -2- Section 3. Said UDP shall consist of the following integrated package: -Planning and Design, Construction, Leasing and Management-. Section 4. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 9th day of February , 1995. i i S PHEN P. CLA , MAYOR ATT T• MA Y HIRAI CITY CLERK PREPARED AND APPROVED BY: LINDA K. KEARSON i ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: i, "'.2 , `' 95- 83 -3- 1/23/95 REQUEST FOR UNIFIED DEVELOPMENT PROPOSALS FOR THE VIRGINIA KEY CAMPGROUND VIRGINIA KEY BEACH MIAMI, FLORIDA TO BE ISSUED: MARCH 7, 1995 CITY OF MIAMI Stephen P. Clark, Mayor J.L. Plummer, Jr., Vice -Mayor Miller J. Dawkins, Commissioner Victor H. De Yurre, Commissioner Wifredo (Willy) Gort, Commissioner Cesar H. Odlo, City Manager A. Quinn Jones IIL, City Attorney Prepared by: Department of Development & Housing Conservation Development Division 300 Biscayne Boulevard Way Suite 400 Miami, Florida 33131 Tel. (305) 579-3366 Proposals Dee: 2:00 p.m. FRIDAY, JUNF 16,1995 95— 83 March 7, 1995 Ladies and Gentlemen: x x A. Thank you1for your interest in the i 46h Development of a campground facility, and ancillary campground -related services on approximately 153.82 acres of City -owned, waterfront property located at Virginia Key Beach, Miami, Florida. •r- ,Enclosed is the City of Miami's Request: for Proposals (RFP) which conts detailed and specific information regarding the parcel of land contemplated for development, the uses the City is seeking, the submission requirements and selection procedure pertinent to this Unified Development+oject. , T Responses to this RFP are due no later than 2:00 p.m. pday, June 16, • 1995. The City ketains the option to require a more extensive and detailed mission prior to final selection of a developer should the selection pros s warrant a second_ stage review, as well as the right to reject all proposals at any time prior to entering ina lease agreement as contemplated by the RFP. . Please carefully review all of the enclosed documents. Proposals .gust comply with all requirements of the submission detailed in the RFP to be eligible i6i consideration. All information and material subiritted will be carefully analyzed and independently verified. In accordance with the City Charter and Code sections for Unified Development Projects, any proposal- deemed to be non- responsive or not responsible by not substantiating1tthe financial capability of a selected proposer, or not meeting the minimum requirements of this RFP at any time prior to the completion of the Unified Development Project process and the signing of a lease agreement, may be rejected. In making such determination, the City's consideration shall include, but not be limited to the proposer's experience, capability of the development entity and its consultant(s), the dollar amount return offered to the City, the proposer's financial qualifications, the overall design of the proposed development, the extent of minority participation, and the evaluation by the City of all information submitted in support or explanation of the proposed development of the property. Furthermore, until such time as a lease agreement is executed, the selected proposer shall not have any vested rights, .nor title, or interest in the property or in the development proposed thereon. Proposals must present a definitive development program, completion schedule, financial strategy, and management plan respecting all requirements of this Request for Proposals to form the basis for selection by the City. 95- 83 No additions or modifications may be made to the proposals and the entities they represent subsequent to the submi ion deadline. tew and/or c4ent personnel who are not identified in the proposal may not be introduced as part of the proposal entitiy or its consultants subsequent to the submission deadline. Contact vv� City, ex with the Ci tl?- ublic hearings and presentations, regarding this RFP or any cep P aspect of a proposal by a proposer or any representative of a proposer shall be limited io the City Manager or his designee, Herbert J. Bailey, Assistant City Manager, until ch time as the selected proposer is detgmined by the City Commission. All questions or req sts for additional information should be addressed in writing to Herbert J. Bailey, Assistant. City Manager, City of Miami, Department of De, epment & Ho si g Conservation, 300 Biscayne Boulevard Way, Suit' 40Q, Miami, Florid'�3313i. _Aay, `� _ nse to such questions or requests that could pot 'ally impact pro_ sals will be furnishedo, proposers in the form of an addendum. The City will conduct a Proposal P bmission Conference oti Tuesday, April 4, 1995, 10:00 a.m., at the Department of Development =offices to explain the requirements of this RFP andl provide an opportunity for prospective proposers to raise questions and/or issues pertaining to this RFP. attendance at the submission Conference is not a condition for offering proposals, all proposers are invited to attend. Proposals must be delivered to„-MatVHirai, City Clerk, (First Floor Counter), City Hall, 3500� Pan American Drive, Miami, Tiorida 33133 by 2:00 p.m. Friday, June 16, 1995. A list ofo proposers will be made public on that day. _ Sincerely, a." .. Cesar H. Odio City Manager 95— 83 ABLE OF CONTENTS I. PUBLIC NOTICE ... :........................................ ....... ..... ».................»...»........$........... ».................... .:...».........1 II. OVERVIEW ........ »........... »....... »...... ».... .».».»..».«............«.»....».......»..»....».....»....»........... »... «.....................2 A. INTRODUCTION........................................................................................................................................................ B. LOCATION AND CHARACTERISTICS.............................::.............................................................................................3 C. SITE DES F&N ......................................................................................... Figure1. Regional Location Map..............:............................................................................................................... 4 Figure2. Area Location Map.................................................................................................................................... S Figure3. Site Location Map......................................................................................................................................6 Figure 4. Site Conditions ............... :....... ..:;.............................................................................................................. 8 FigureS. Environmental Conditioiis................................................. jis........ ............................. ........................... 9,! Figure6. Flood Insurance Rate Map .............................. .............................................................. :........................... 10 Figure 7. Existing ........................................UtiW s... .. .......................:........................................................................................... :.12- D. APPRAISED VALUE :.............................. _�;�,:............. �;...................................................................................13 E. LEASE TERM ` ....................................... »..»......................................... .................. .13 F. FINANCIAL ETURN TO THE CITY........................:........................................................................................................ 13 G. TAXES.....ft .............................................................................................. ...................14 H. ZONING .................................. ................... . Figure 8. Property Annexation ....................... -�p................................... .............,................................ ....::......1 S I. UNIFIED DEVELOPMENT PROPOSAL SELECTION PROCESS ....................................... .................................................. 16 12. EXECUTION OF LEASE AGREEMENT BETWEEN THE CITY AND THE SELECTED PROPOSER .................... Ai,� ..............16 J. UNIFIB EVELOPMENT SCHEDULE (TENTATIVE):....................................................................................... .17 HL REQUEST FOR PROPOSALS - GENERAL REQUIREMENTS k.»..»............. »............... ........ »... .......... 18 A. DECLARATION AS A UDP............ ....................................... ...................................................................................18 B. Commn ME'N'T OF FUNDS........................................................................................................................................18 C. COMMITMENT OF PROPERTY...................................................................................................................................19 D. COMMITMENT OF SERVICES AND MATERIALS.........................................................................................................19 E. EXECUTION OF CONTRACTS................................................................................................*,...................................19 IV. REQUIRED ELEMENTS OF DEVELOPMENT PROPOSAL(S).... »... ...... »»........ » ......... »..... »»..... »...»..20 A. DEVELOPMENT OBJECTIVE........................................................................................................................ 20 ................ B. USE..........................................................................................................................................................................20 C. PROPOSED SITE IMPROVEMENTS..............................................................................................................................24 D. PROPOSED CUSTOMER AND PUBLIC SERVICES........................................................................................................26 E. PERMITITNG AND LICENSING...................................................................................................................................26 Figure& Property A nnexation ................................................................................................................................28 FigureS. Environmental Conditions.......................................................................................................................29 F. ESTIMATED CONSTRUCTION COST...........................................................................................................................30 G. FINANCING STRATEGY.............................................................................................................................................30 H. DEVELOPMENT SCHEDULE.................................................................................................:....................................30 I. COMPOSITION AND QUALIFICATIONS OF THE DEVELOPMENT (PROPOSING) ENTITY & CONSULTANTS .....................31 J. DEVELOPMENT PROPOSAL CONTENTS......................................................................................................................32 K. METHOD OF OPERATION..........................................................................................................................................34 L. MINORITY PARTICIPATION........................................................................................................:..............................34 V. PROPOSAL SUBMISSION REQUIREMENTS .».».....».».»»............».» .............. »... .................... ..... ............ 35 ASUBMISSION PROCEDURES.......................................................................................................................................35 95- - - 83 VI. EVALUATION CRITERIA..N.N... N....... N... N... N..... N.N.................N.... N.T......... N..MO.......................... .... NN......36 A. INMAL REVIEW OF PROPOSALS FOR COMPLIANCE WITH THE RFP.............................. V?......................................... 36 B. REVIEW COMMITTEE EVALUATION CRITERIA.............................................................::4.....................................36 C. CPA FIRM EVALUATION CRIrERIA......................... ....................... ........................................................................... 40 VII. TERMS AND CONDITIONS OF PROPOSED LEASE AGREEMENT..N.N.N.NNN.N..N.NNNNIN.NN.N.N.N..141 A. AUTHORI7.AMON................................................................................................................................................. '..4 B. TERMS AND CONDITIONS-..................................................................................................................................... 4 L APPENDIX A. City of Miami Charter and Code Sections; Pertinent Legislation APPENDIX B. City of Miami Minority and Women Ausin4ss Affairs and Procurement Program Article IV.5., Sections 18-67-18-77of the Code of the City of Miami) APPENDIX C. Virginia Key Master Plan (selected excerpts) APPENDIX D. Coastal Construction Regulations (selected excerpts) EXHIBIT I. Sketch of Survey (includes Lega[Description) EXHIBIT II. Declaration, Professional Information, and Financial Disclosure Forms EXHIBIT III. Minority Participation Forms EXHIBIT IV. Letter from Water & Sewer Authority EXHIBIT V. Letter from Development Impact Committee Office EXHIBIT VI. Source List 95- 83 ,:"::SJ:l e.:c.1; b.:hn... n-�sw Ff'1 >n t .. .. .. � �. • • - i. 1 • J.t"- .''Y.. _ _ •.•�.. T" �ef_��.a.�rTF oi i .+^1' .. i- •iwt .1 _,y Ali"'^'' ` t „�1 s ,t E I. PUBLIC NOTICE The City of Miami is seeking Unified Development Project Proposals for the development of a commercial campground facility, and ancillary campground -related retail use on approximately 154 acres of City -owned, waterfront property located at Virginia Key Beach, Miami, Florida. The City through this offering is procuring from the private sector an integrated package of services consisting of planning and design,* construction, leasing and management of the proposed commercial development. The property being offered for development includes 149 acres of upland contiguous to the Atlantic Ocean. and 5 acres of submerged lands in Lamar Lake (a.k.a. "Shrimpers Lagoon"). All proposals shall be submitted in accordance with the Request for Proposals document (RFP) whi #, may be obtained from the City of Miami 6epartment of Development and Housing Conservation, 300 Biscayne Boulevard Way, Suite 400, Miami, Florida 33131, (305) 579-3366. This document contains detailed and specific infogmation regarding the parcel of land contemplated' for development, the uses the City is Arcing, the submission requirements and selection procedures pertinent to this Unified Development Project. The City of Miami reserves the right to accept any proposals deemed to be in the best interest of the* City, to waive any irregularities in any proposals, or to reject any or all proposals and to re - for new proposals, in accordance with the City Charter and Code sections regarding Unified Development Projects. Furthermore, until such tithe as a lease agreement is executed, the selected proposer shall not have any vested rights, nor title or interest in the subject property or in the development proposed thereon. Cesar H. Odio City Manager Adv. No. 0274 95_ 83 II. OVERVIEW The City of Miami (the "City") is seeking Unified Development Project Proposals from qualified and experienced developers for the development of a commercial campground facility. Proposals may include ancillary campground related services and an optional waterpark facility. The property located at Virginia Key Beach, Miami (the "Property"), is comprised of a total area of 153.82 acres (148.32 upland acres and 5 submerged acres). On July 26, 1994 the City Commission adopted Resolution No. 94-571 declaring that the most advantageous method to develop certain improvements at the Property is thf6ugh the Unified Development Project (the "UDP") process that seeks „to procure an integrated development package from the private sector including planning*nd design, construction, leasing and management of the Property. On February 9, 1995, 'the City Commission adopted Resolution No. 95-XXX authorizing the issuance of this Request for Proposals (the "RFP") op. March 7, 1995, appointing a seven (7) member Review Committee and selecting a certified public accounting firm to evaluate proposal submissions and report findings to the City Manager as required by the City Charter and Code sections regarding UDPs. `Pertinent legislation referenced herein is included in Appendix A. Proposals submitted in response to this RFP shall include planning and design, financing, and construction of proposed improvements appropriate to the character of the site and the Virginia Key waterfront. The Property, owned by the City, is to be developed, leased, operated, managed, and maintained, at no cost to the City, by the selected proposer who is chosen by the G�ty Commission to develop the Property under a property lease agreement with the City. Any lease agreement entered into for the development of the Property must comply with the requirements of Section 3 (f) (iii) of the City Charter included herein for reference in Appendix A. The City will conduct a Proposal Pre -Submission Conference on Tuesday, April 4,1995, 10:00 a.m. at the Department of Development offices for the purpose of providing an opportunity for prospective proposers to personally raise questions or issues to City Staff pertaining to this RFP. While attendance at the Pre -Submission Conference is not a condition for offering proposals, all prospective proposers are invited and encouraged to attend. Proposals must be delivered to the Office of the City Clerk, (First Floor Counter) City Hall, 3500 Pan American Drive, Miami, Florida 33133 by 2:00 p.m., Friday, June 16, 1995. A list of proposers will be made public on that day. The City of Miami reserves the right to accept any proposals deemed to be in the best interest of the City, to waive any irregularities in any proposals, or to reject any or all proposals and to re - advertise for new proposals, in accordance with the City Charter and Code sections regarding Unified Development Projects. Any proposal deemed to be non- responsive or not responsible 2 95- 83 by not substantiating the financial capability of a prospective proposer, or not meeting the minimum requirements of this RFP at any time prior to the completion of the Unified Development Project evaluation process and the signing of a lease agreement, may be rejected. In making such determination, the City's consideration shall include, but not be limited to, the proposer's experience, capability of the development entity a6d its consultant(s), the dollar amount return offered to the City, the proposer's financial qualifications, the overall design of the proposed development, the extent of minority participation, and the evaluation by the City of all information submitted in support or explanation of the proposed development of the property. Furthermore, until such time as a lease agreement is executed, the selected proposer shall not have any vested rights, nor title or interest in the subject property or in the development proposed thereon. Right To Reiect all Proposals Pursuant to City Charter Section 29-A, sub -section (c)(6), the City reserves the right to reject all proposals and the right to terminate the UDP process and/or contract after a public hearing in the event of any substantial increase in the City's commitment of funds, property, or services, or any material alteration of any contract awarded under subsectionc) Unified Development Projects, of Charter Section 29-A. Reservation The information contained in this RFP is published solely for the purpose of inviting prospective proposers to consider the development opportunity described herein. Prospective proposers should make their own investigations, projections, and conclusions without reliance upon the material contained herein. B. Location and Characteristics The Property to be developed is located on Virginia Key, a 1,000 acre island, one and one half miles east of the City's mainland, as shown in Figure 1. Regional Location Map and Figure 2. Area Location Man. Virginia Key is entirely publicly owned and consists of diverse natural and man-made environments ranging from open meadows and mangrove forests to regional tourist marine attractions, a public high school, rowing clubs and public beaches. The island is directly accessed from Interstate 95 and U.S. Highway 1 on the mainland four miles to the west by Rickenbacker Causeway, a four lane, median divided toll roadway. Along Rickenbacker Causeway one mile to the southeast of the Property is Key Biscayne, an island known for its large regional public recreational beaches, parks and the community of Key Biscayne. As shown in Figure 3. Site Location Man, the Property is bordered on the south by the National Marine Fisheries Institute, on the west by the Miami Dade Water and Sewer Treatment Plant access road, on the east by the Atlantic Ocean ("Bear Cut") and on the north by Norris Cut, which separates Virginia Key from Fisher Island. The total acreage of the Property is 153.82 95- 83 Figure Z. AREA LC -ITIONMAP ti Critical rliffiffe Area Marina Miami 1 15, and campground Site VIRGIlviA KEY Key Biscayne • Figuy'e 2. . A-REA LOUAI WIN 95--- 83 CTTF, LOCA acres, the boundaries of which are shown on the Sketch of Survey included as Exhibit 1 in the Appendix. 1 Existing Facilities: • A public beach approximately 8,630 lineal feet in length with elevated lifeguard stations, • Entrance guard house (approximately 100 sq. R of enclosed floor area). • A public bathroom and food service concession facility of approximately 400 square feet of enclosed floor area with kitchen space and serving area in the southern park area • A second public bathroom facility with public phones at the northern beach area. • Two covered outdoor picnic shelters (open grills) with bench seating in southern section of park. • Carousel building with side door flaps to open to outside, with approximately 1500 square feet of enclosed floor area 2 " Environmental Conditions: The natural environment of Virginia Key includes diverse ecosystems that support large numbers and types of wildlife. A Critical Wildlife Area established by the. State of Florida on the west side of the island supports migratory birds and waterfowl that are comparable in diversity to those found in Everglades National Park. Turtle nesting areas on ocean beaches and upland habitats for West Indian Hardwood and subtropical flora add to the unique natural character of the island. The island is flat with little more than six (6) feet of natural variation in elevation above sea level. Within the Property, a small pond exists approximately 2 acres in area in the southern end of the site (see aerial photo, Figure 4, Site Conditions). Open meadows occupy approximately 40 acres with the remaining 109 acres of the Property heavily wooded. The accompanying Figure 5, Environmental Conditions, describes several areas within the property that are considered sensitive or protected habitats including wetland, coastal strand and mangrove areas and beachfront dune areas. In total, these areas cover approximately 60 acres of the Property reducing the developable site area to approximately 95 acres. Conditions within developable areas vary in suitability for development of campground facilities. 3 Post Hurricane Andrew Conditions: Although impacted by Hurricane force winds in August of 1992, (see Figure 6, Flood Insurance $R) little beach erosion occurred due to the existing protective groins. Substantial loss of Australian Pine trees (considered an undesirable exotic) however resulted from the storm. The City is currently engaged in a major rehabilitation of the property. utilizing $340,000 in FEMA funds to clear and remove fallen trees and debris. In addition, the State of Florida has. funded an estimated $950,000 tree replanting and exotic pest plant removal program for the property as well as a $150,000 beach renourishment program that will place additional beach grade sand along 3,000 lineal feet of shoreline. All work under these programs is scheduled to be completed by January 1, 1996 with follow-up exotic plant removal programs in subsequent years. 95- 83 14 6 Areas of Restricted or Prohibited Development Wetlands or Mangrove 0 No Development High Quality Hammock No Development Disturbed Hammock No R.V. sites 11mited Campsites Coastal Dune O No Development Coastal Construction Control Line Environmental Conditl®ns Figure 5 9 5-- - 83 4 xi && and Historical_ Uses The northeastern portion of the Property with its sandy beach front and granite erosion control groins has been operated as a supervised (lifeguarded) public beach continuously since 1985 by the City of Miami Parks and Recreation. Department, except for a brief interruption after Hurricane Andrew in 1992. The facility is used as swimming and wind surfing beach, with picnicking, nature walks/observation as ancillary recreational activities in the adjacent densely wooded hammock. An entrance fee is presently charged for access to the beach on a "per vehicle" basis. It should be noted that the northeasternmost edge of the Property is nationally regarded as a top quality wind surfing beach, d&to its strong winds and calm waters. Proposers are encouraged to not only continue but enhance this recreational use through added amenities and support facilities. The southern portion of the Property, characterized by open meadows and scattered park structures, as well as a sandy beach with wooden groins, was originally operated as a public beach by Dade County. Since 1985, this portion of the site has been available to the public on a permit basis, primarily as a festival, large groupPicnic and group camping un� with an estimated 45 events of this type held annually. The ball diamond is also available by permit, and is used regularly by local schools. In historical terms, the southern portion of the site is holds keen interest in the community as a mile marker in local civil rights struggles. After considerable pressure from the black community, the southern beach was opened by Dade County in the 1940's as the first and only designated black beach. The 1960's desegregation rulings ultimately opened the site to the entire community, but decreasing use and less than optimal swimming condition's led to the eventual decline of this public recreational facility. The County later deeded the site to the City of Miami as part of a land exchange in 1981. From 1981 to 1985, the northern site was open for unsupervised public use, while the southern portion remained closed and used primarily for police training activities. Reognition of this site as a former segregated beach is an important communty concern. 5. Existing Utilities: As shown on Figure 7, Existing, Utilities, bordering the westerly edge of the site are two water mains, 20" and 8" mains, with extensions of the 8" main into the site to the northern and southern sections of beach. A new 102" sanitary sewer force main has recently been installed adjacent to 24" and 12" force mains along the southwesterly edge of the property. Full electric and telephone service from the southwestern corner of the site currently exists. 6. Adjacent Uses & Conditions: The subject Property is bordered to the immediate west by the Central Sewage Treatment Plant operated by Metropolitan Dade County. While past conditions within the plant have created odor problems that occasionally affected surrounding properties, recent and continuing improvements to the facility have substantially reduced these problems (see Appendix Exhibit Id - Letter from Water & Sewer Authority, dated June 14, 1994) and will resolve the problems completely by 1996. Truck traffic to and from the plant will be rerouted to a new access road thereby removing traffic from the roadway abutting the campground site. 11 95-- .83 A municipal landfill, closed in 1976, occupies 100 acres of land immediately west of the campground site and cannot be developed. The only landfill impact on the campground site will be the prohibition of ground water wells. Immediately south of the Property is a complex of Marine Research facilities including the National Marine Fisheries, the National Oceanographic and Atmospheric Administration, and theUniversity of Miami Rosensteil Marine Science Institute. Two major public marine attractions share Virginia Key southwest of the campground site, including the Seaquarium, a marine entertainment park, and the Miami Marine Stadium. Marine Stadium is now closed due to structural damage but is the subject of a Request for Proposals by the City of Miami, (due mid 1995) for refurbishment as a spectator facility for marine events. The Property and facilities will be open for inspection to prospective proposers by appointment only. Contact Eduardo Rodriguez, Director of Asset and Capital Projects, at telephone (305) 372-4640 for an appointment. City Charter Section 29-B prohibits the City Commission from favorably considering any sale or lease of property owned by the City unless there is a return to the City of fair market value under such proposed sale or lease. For the purposes of this RFP, the City obtained two (2) appraisals of the subject Property for the. The appraisal dated December 1, 1994 yielded the following results: an estimated market value of $9,300,000, and a recommended annual market rent of a guaranteed minimum annual base rent of $300,000 or 7% of gross annual income, whichever is greater. The appraisal dated October 5, 1994 yielded the following results: an estimated market value of $1,700,000, and a recommended annual market rent of a guaranteed minimum annual base rent of $d 62,000 or 7% of gross annual income (assuming real estate taxes on both land and improvements), whichever is greater. The appraisals are available for public inspection by appointment only. Contact Eduardo Rodriguez, Director of Asset Management for an appointment at (305) 372- 4640. The City will enter into a lease agreement with the selected proposer for the development of the Property described herein for a maximum term of thirty (30) years with up to two five (5) year renewal options, subject to renegotiated terms. Proposals for shorter lease terms are preferable. Annual lease payments to the City shall be not less than $300, 000 as a minimum annual guarantee (which may be adjusted annually subject to Consumer Price Index increases over the lease term) or 7% whichever is Qr ater. The City is seeking an offering of 10% of gross revenues ('including all commercial sublease revenues) as the preferred return Proposers are advised that the above listed amounts are the minimum required for proposal submissions, and will be subject to negotiated increases in the final lease terms, depending on the extent and 13 95— 83 quality of improvements proposed. Proposals offering less than the stated minumum shall not be considered. G. Taxes All entities contracting with the City under the UDP process shall be obligated to pay whichever is the greatest of the following: (1) all applicable ad valorem taxes that are lawfully assessed against the Property, or (2) an amount equal to what the ad valorem taxes would be if the Property were provately owned and used for a profit -making purpose. Such taxes shall not be credited against any revenue accruing to the City under any contract that may be awarded under the UDP process. H. Zoninn Pursuant to City of Miami Zoning Code, approximately 140 acres of the Property is zoned PR - Parks and Recreation. The balance of approximately 13 acres, located in the vicinity of Shrimpers' Lagoon, is zoned CS - Conservation. It is the City's intent to amend the Zoning Atlas to change portions of this particular CS -zoned site to PR - Parks and Recreation so as to conform with the adopted Citywide Comprehensive Land Use Plan Map, thereby permitting limited marina and recreational uses and improvements as called for in the Plan. As described in the official City of Miami Zoning Code Regulations and as delineated on the official Zoning Atlas of the City of Miami, allowable uses in Parks and Recreation zoned areas include: a) public or private parks. b) living quarters for caretakers, watchmen or other necessary personnel. c) recreational facilities with Commission approval at a public hearing: c) boat rental and charters. d) supporting entertainment services such as restaurant and retail e) recreational marinas f) retail sales of boating, diving and recreational equipment. On November 1, 1994 the southernmost 40 acres of the site was annexed to the City of Miami (see Figure 8 - Prapga Annexation). As of the publication of this document there is no official zoning classification yet applied to these newly annexed 40 acres. It is, however, the intention of the City to apply the PR District to the annexed site in conformance with the existing zoning for the balance of the site. All prospective proposers must ensure that their proposed development ,complies with all applicable zoning laws. For details of allowable uses and applicable requirements of the PR. zoning district, refer to the City of Miami Planning, Building and Zoning Department at 275 N.W. 2nd Street, 579-6086. 95- 83 14 1. Unified Development Proposal Selection Process The proposal selection process is set forth in Section 29-A(c) of the Charter of the City and Section 18-52.9 of the Code of the City and provides as follows: 1. Solicitation of development proposals from qualified developers. 2. Initial review of proposals received in response to the RFP by City staff, -to determine compliance with RFP minimum submission requirements in accordance with the guidelines set forth in Section VI.A. 3. Evaluation of responsive proposals by a Certified Public Accounting firm in accordance with criteria specified in Section VI.C. 4. Evaluation of responsive proposals by Review Committee appointed by the City Commission in accordance with criteria specified herein in Section VI.B. 5. Independent report of findings and recommendations submitted to City Manager by CPA firm and Review Committee. 6. City ' Manager recommendation *to the City Commission of one or more of the proposals, based on the.findings of the CPA firm and recommendations of the Review Committee, or alternatively, the City Manager's recommendation that all proposals be .rejected. 7. City Commission acceptancetrejection of City Manager's recommendation. 8. City Commission authorization to negotiate lease agreement with the selected proposer whose proposal is determined most advantageous to the City by the City Commission. 9. Negotiation of lease agreement between the City and the selected proposer. 10. City Commission authorization to execute the negotiated lease agreement with the selected proposer. (The selected proposer shall have no vested rights, nor title or interest in the Property or in the development proposed thereon until such time as a lease agreement is executed.) Scheduling of the proposed lease agreement on the ballot of the next available referendum for approval of the voters if less than three (3) proposals were received. 11. Approval of the lease agreement by a majority of the municipal electorate at a referendum, if less than three (3) proposals are received by the City in response to this RFP. 12. Execution of lease agreement between the City and the,, selected proposer. 95 83 16 Issuance of the RFP Tuesday, March 7, 1995 Proposal Pre -Submission Conference Tuesday, April 4,* 1995 Location: Department of Development 10:00 a.m. 300 Biscayne Blvd. Way, Suite 400 Miami, Florida 33131 Proposal Submission Deadline Friday, June 16,1995 Location: Office of the City Clerk 2:00 p.m. Miami City Hall - First Floor Counter 3500 Pan American Drive Dinner Key Miami, Florida 33133 Initial Review of Proposals (by staff) June 1995 Review Committee Meeting for Instruction June 1995 CPA Firm's initial evaluation of Proposals made available to July 1995 Committee Review Committee Meeting(s): CPA Firm presents its Findings to July 1995 Committee, Committee Interviews Qualified Proposers Recommendations from the Review Committee and CPA Firm to July 1995 the City Manager Recommendation from the City Manager to the City Commission September 1995 for Selection of One or More Proposals and Authorization to Negotiate Lease - or - Rejection of all Proposals Begin Lease Negotiations with. Selected Proposer September 1995 City Commission Authorization to Execute Negotiated Lease and, November 1995 if necessary, Scheduling of Referendum Ballot Item Referendum of Voters (if necessary) February 1996 Execution of Lease March 1996 95- 83 17 III. REQUEST FOR PROPOSALS - GENERAL REQUIREMENTS This RFP is being issued in accordance with City of Miami Charter Section 29 and City Code Section 18-52.9, which are incorporated herein by reference and included as Appendix A. The following information highlights certain requirements for UDPs include: A Declaration as a UDP_ The City Commission determined and declared by Resolution that for the development of improvements on City -owned property or property to be acquired by the City, it is most advantageous to the City to procure from the private sector one or more of the following integrated packages: (1) planning and design, construction and leasing; or (2) planning and design, leasing, and management; or (3) planning and design, construction, and management; or (4) planning and design, construction, leasing and management from a private entity. On July 26, 1994, the City Comi mssion adopted Resolution No. 94-571 declaring that the most advantageous method to develop certain improvements on the Property is by a UDP process that seeks to procure an integrated development package from the private sector including planning and design, construction, leasing and management of the Property. B. Commitment of Funds 1. City The City shall not provide funds or financing for the development contemplated by this RFP. 2. Selected proposer The selected proposer is required to provide adequate equity and debt capital to finance all aspects of the proposed Unified Development of the Property. The selected proposer is required to provide the City with a minimum guaranteed annual rent as specified in Section II. F. Financial Return to the City. Upon execution of the lease agreement, the selected proposer shall reimburse the City for any and all direct costs incurred in evaluating all proposal submissions, including but not limited to: appraisal fees, the professional services of the certified public accounting firm selected by the City Commission, and all advertising and printing related to this UDP as well as any costs incurred by the City in relation to the permitting process. (Refer to Section IV.D.). The City shall deposit in local banking institutions all monies collected as a result of this UDP/RFP. Upon execution of the lease agreement, the selected proposer shall be required to furnish the City with a Performance and Payment Bond in the amount equal to the total estimated cost of the PROJECT improvements, but not less than $2,000,000 as stated in Section IV.E. of this RFP. In. addition, upon execution of the lease agreement the selected proposer shall be required to furnish the City a security deposit equal to the one half (50%) of the first year's negotiated minimum rent. Submission of the proposal shall include either a letter of credit or a bid bond in a minimum amount of $500,000 for development of the campground facilities plus the amount necessary to 18 - 95-- 83 guarantee all other aspects of the proposer's commitment including its financial performance and the performance of all work required to complete the proposed development. The letter of credit shall be subject to the review of the City's Finance Director and the Director of the Office of Asset Management and Capital Improvements. C. Commitment of Property The Property and its improvements are offered "as is" by the City for development and long term management. No representations or warranties whatsoever are made as to its condition, state or characteristics. Express warranties and implied warranties of fitness for a particular purpose or use and habitability are hereby disclaimed. Testing, audits, appraisals, inspections, etc., desired or necessary to submit a proposal shall be at the sole expense of the prospective proposer. Reports regarding the Property, including appraisal reports, that the City may have in its possession are available as public records. The City intends to enter into a lease agreement for the Property with the selected proposer. (Refer to Section II.E.) The term of the lease agreement to be entered into between the selected proposer and the City shall be a maximum of thirty (30) years with two (2) five (5) year renewals. The lease agreement shall be structured to provide the City with a minimum guaranteed annual rent or a percentage of gross revenues, whichever is greater. City -owned property is held in public trust and cannot be mortgaged, pledged, liened or subordinated in any way as a part of the lease agreement. All leasehold improvements shall become the sole property of the City upon the expiration of the lease agreement. D. Commitment of Services and Materials All City services such as police and fire protection, which are routinely provided to any private development within the City, shall be provided to the selected proposer by the City. The City possesses a substantial amount of clean fill material suitable for elevating proposed site improvements that is available on Virginia Key within one mile of the Property. Subject to the design and development requirements of the selected proposal and negotiation of the terms and conditions of the lease, the City will make available, subject to the negotiated lease terms, such fill as may be reasonably needed to accomplish the Project improvements. E. Execution of Contracts Upon the conclusion of the UDP process as required by applicable City Charter and Code provisions, including any required voter approval, the lease agreement for the property shall be signed by the City Manager or his duly authorized designee after approval thereof by the City Commission. The selected proposer shall not have any vested right, title or interest in the property until such time as the leasehold agreement is executed. 95- 83 19 IV. REQUIRED ELEMENTS OF DEVELOPMENT PROPOSAL(S) Respondents to this RFP are advised that the following factors must be addressed in the proposals and will be critically evaluated. Additionally, proposals shall include a market analysis of all development components to assess the economic feasibility of the proposed development. A Development Objective Proposals must provide and maintain a full -service destination recreation campground, including the operation and maintenance of a public oceanfront beach, and ancillary recreational services and amenities. The Campground is intended to serve all segments of the local resident and tourist population including youth groups, environmental associations, educational groups, novice and serious campers, disadvantaged and inner-city residents, and touring campers following extended itineraries through North America. Given the unique and diverse environmental attributes within the Campground site and the surrounding lands and waters of Virginia Key, the City believes that an extraordinary opportunity exists to develop a camping facility that responds especially to the environmental or "Eco- Tourism" market. As such, the overall objective of the campground is to provide a traditional recreational camping experience that is enriched by on -site educational and programmatic linkages to the island's unique resources. Aesthetics of the development will be an important consideration in the evaluation of proposals. The City expects the improvements to respect and enhance the local environment and be responsive to the waterfront setting. Proposals must meet the City's development objective of compatible public/private utilization of the Property. The principal use of the Property shall be a commercial campground. Ancillary uses of the facility include campground -related services for the use of the campers and general public. All uses prpvided for shall be non-exclusive uses. Note that the City reserves the right to review and approve any subleases that may arise from this RFP and a clause to that effect may be included in the lease agreement. 1. Principal Use (a) Campground Facility A campground facility as a destination attraction which offers varied types of camping experiences including primitive (soft tent), recreational vehicle, trailer, fixed platform tent, fixed cabin, general group camping area and resident group camping facilities. The total number oiindividual camp sites. exclusive of primitive sites, shall not exceed 500. A group camp site shall count as one site. 95-- 83 20 $,creationaLVehicle and Traii_er Camping may comprise the majority of the total camp sites and shall be suitable for individual and/or family occupancy. Certain environmentally designated areas of the Property may not be used for RV and trailer sites. The primitive Camping area shall be a minimum of three (3) acres in size suitable for individual and family tent, tarp or open air camping, with dedicated communal bathroom and shower facilities. The General Croarea will serve several groups of 20 or more individuals per group and shall be a minimum of three (3) acres in area with dedicated communal bathroom and shower facilities. The Resident Group camping area will serve special programs that provide programmed length -of -stay activities for educational, environmental, youth and service organizations. The resident group camping area shall be a minimum of three (3) acres and shall include enclosed facilities for food preparation, open-air dormitories, a classroom and restrooms/showers. The Fixed Cabin facilities (pre-fab or custom built) shall be limited in occupancy to six (6) persons and shall comprise not more than 25% of all individual campsites. The Fixed Platform Tent facilities, envisioned as raised platforms with non -air conditioned tent structures permanently affixed and installed water and electric outlets, if provided, shall not comprise more than 20% of all individual campsites. Both Primitive and Resident Group Camping areas should be separated from high activity centers, concessions and RV sites to minimize noise and use conflicts. The campground shall limit individual tenants length -of -stay to short term seasonal visits and shall nQJ permit "quasi -residential", extended stay occupancy. A maximum stay of 120 calendar days is recommended. (b) Public Swimming Beach - The Selected Proposer (Lessee) shall be required to manage and maintain the ocean beach for public and campground tenant use. Public vehicular access shall be provided at the northerly entrance to the beach (see Exhibit 3, Site Location Map). An entrance fee may be charged, consistent with fees charged at Crandon Park -or Bill Baggs (Cape Florida) State Park on Key Biscayne. Due to hazardous swimming conditions created by tidal currents along the southerly (Bear Cut) portion of the beachfront, it is recommended that beach swimming be confined to the existing swimming beach area (see Exhibit 3, Site Conditions) that constitutes the northernmost 6,000 lineal feet of the Property's ocean shoreline. Due to the unique water and wind conditions near the north 95- 83 21 end of the beach, continuation and enhancement of wind surfing as a recreational use by the public is also encouraged. 2. Ancillary Uses (a) mnerou_n_d-Related Services and Recreational_ Amenities - As a Destination Campground, it is highly desirable and expected that a full program of activities and recreational facilities will be available to campground tenants and the general public, as applicable.. 1) SWIMMING (fresh water facilities)- Proposals may include as an optional ancillary use, fresh water recreational pools and / or water park which shall not exceed 10 acres in size, including parking. This facility is intended to principally serve the campground as an extension of recreation and activity programs for tenants. The design of the facility shall complement and blend with the visual character and natural qualities of Virginia Key and aesthetically enhance the campground through extensive use of landscaping and natural materials. Artificial "themed/fantasy entertainment" designs are not permitted. An overall height limitation of thirty five (35) feet will apply to all improvements. 2) GAME COURTS & PLAYGROUNDS- Game court facilities such as basketball, tennis, volleyball, shuffleboard, and children's playground equipment shall be located within 1,000 feet of all camping sites. 3) PICNIC FACILITIES - Picnic tables, barbecue grills or fixed concrete pits shall be provided in conjunction with the swimming beach and may be provided with all other amenities. 4) RECREATION BUILDING / ACTIVITY CENTER / DAY CARE - A general purpose structure suitable for indoor games and programmed leisure activities, inclement weather activities, child care (babysitting) services or children's shows is recommended. 5) HIKING & BIKE TRAILS - Paths suitable for hiking, jogging/fitness trail, interpretive nature trails, biking or skating shall be incorporated to link all areas of the campground. Use of motorized all -terrain vehicles anywhere on Virginia Key, including the campground, is prohibited. 6) CAMPFIRE TREATER - An open amphitheater with a stage and fixed seating for conducting camp programs such as lectures, sing -a -longs, films, and entertainment shall be provided. 7) TRAM TOURS and SHUTTLES- Proposers are encouraged to include tram type services for transporting groups to area attractions including the Seagarium and Marine Stadium & adjacent marinas and to include an internal shuttle to interconnect facilities within the 1.5 mile length of the campground. 95- 83 22 8) BOAT TOURS, DIVE & FISHING TRIPS - Marine related concessions located adjacent to Lamar Lake ("Shrimpers Lagoon") may be provided and can include charter fishing and dive boats, boat rentals and related services operating from floating docks accommodating up. to eight vessels. No public dockage, fueling services or Jet Ski rentals will be permitted. Construction of such docking facilities is subject to lessee obtaining all required permits including those issued by Metropolitan Dade County Department of Environmental Resources. While the City will support and assist in efforts to secure such permits, no assurances are made herein that required permits for docking facilities will be approved. 9) WIND SURFING - Due to the unique water and wind conditions near the north end of the beach, continuation and enhancement of wind surfing as a recreational use is encouraged. Rental of sailboards and sailboard training as a recreational concession is recommended. 9) OTHER RECREATIONAL CONCESSIONS - Rental of sailboats and catamarans, bicycles, diving equipment, etc. that enhance public recreational activities are permitted and encouraged. A mini -golf facility is especially attractive to elderly tenants. Rental golf -type electric carts for use by occupants of individual camp sites to facilitate tenant access to activities and services within the campground and to reduce internal circulation of automobiles is permitted. 10) RETAIL SERVICES - The campground may include a general provisioning retail store up to a maximum of 3,000 sq.ft. of enclosed floor area. This establishment will be for the general needs of the campers including packaged and fresh foods, camping equipment, sundry goods, gift shop/souvenir merchandise, convenience supplies and household goods. 11) PREPARED FOOD SERVICES - Prepared food and beverage concessions are permitted up to a maximum of 5,000 sq. ft. of combined total enclosed floor area for all establishments within the campground, all inclusive. One (1) "table service" restaurant not to exceed 3,500 square feet in gross floor area may be provided. Snack Bars and similar such "open air" convenience food and beverage concessions for campground tenants and public beach visitors are permitted and encouraged. Sales of beer/wine are currently permitted within snack bar and/or restaurant concessions, and alcoholic beverages may be permitted within licensed restaurant facilities upon adoption of required legislation by the City Commission. Food and beverage concessions within the water recreational facility, if provided, shall be limited to 2,000 square feet. 12) CONVENIENCE SERVICES - Campground comfort station elements are required and shall include full service public restrooms, laundry machines and pay telephones. 23 95-- 83 (h) Trailer Storage Up to two (2) acres of the leasehold Property may be utilized for storage of privately owned camping trailers and recreational vehicles. Display of new trailers or RVs for sale is prohibited. The City is currently seeking clearance from County and State agencies for the use of additional City owned lands within the adjacent land fill site (see Exhibit 4, Site Conditions) for up to five (5) acres of parking for storage of trailers and RVs. to be operated by the Campground Operator. At the time of this RFP issuance, it has not been determined if approval for such a use and parking improvements will be granted by such regulatory agencies. Proposals should anticipate the possibility for future inclusion of the additional five acres for storage use and address whether or not the additional acreage, if available would be utilized. C. Proposed Site Improvements The proposal shall schematically describe all proposed improvements to the Property including site improvements, structures and the general uses pertaining thereto. All improvements, including those to existing structures, must comply with all applicable local, state and federal codes and ordinances. The Selected Proposer will be responsible to obtain all required permits and approvals from all agencies with jurisdiction. The design of new structures and/or refurbishing of existing structures shall be aesthetically harmonious with the subtropical climate of South Florida and natural environment of Virginia Key and will be critically evaluated in the selection process. Overall height of new structures shall be limited to thirty-five (35) feet above grade, including flood criteria. A schematic landscape plan shall be submitted identifying areas of proposed tree canopy - existing (to be retained) and new plantings - accompanied by a typical landscape materials list. A prototype detailed landscape plan for a typical camping site shall be provided. (g) Design Standards and Guidelines for Campground Improvements - 1) The development should comply with all provisions of ANSI Al 19.4 (National Standard for RV Parks and campgrounds). 2) All trailer and RV sites shall have full utility connections including sewer, water (double hose bibs) and electric. All Group and RV sites should have 50 amp service. Cable TV connection is highly desirable for trailer and RV sites.. Electrical hookups at tent and primitive areas should be 20 amp service. 3) All utilities shall be underground or suspended below raised boardwalks.. 4) Electric service shall be principally through a primary meter. Individual site meters, if utilized, shall be limited to fewer than 20% of all sites. 95- 83 24 5) Bath house/toilet facilities of not less than 1 per 75 campsites shall be located within 500' maximum walking distance from any camp site (300' desirable). South Florida building code (used by State of Florida Health Department) requirements for bathrooms are 1 men's and 1 women's water closet/lavatory/shower per 100 trailer/RV sites and 1 men's and 1 women's water closet/shower for each 12,500 square feet of tent camping area (25 tents @ 500 SF. / tent). 6) All vehicular circulation roads shall be paved. 7) Street lighting shall be limited to intersections. Each camper/RV site shall have a low entry marker light and location number. 8) Individual campsites shall include a raised pad of crushed aggregate rock for pitching tents,. a charcoal grill (ground level tilt -back grills set in a concrete base to accommodate campfires are preferred), and a picnic table. Free standing lantern hangers are desirable. Defining the site limits of individual campsites with cross -ties or similar physical edge treatment is desirable. 9) Individual trailer and RV campsites should be separated by a side landscaped area an average of 20 feet in width. Landscaping shall include overstory trees to shade living areas and understory shrubs to provide visual screening and separation of campsites. 10) Landscaping generally shall meet "Xeriscape" design standards incorporating native plant species with drought / salt tolerant characteristics. 11) Two (2%) percent of all campsites shall be barrier -free by incorporation of a compacted limestone base throughout the site to facilitate wheelchair movements. 12) In general, back -in parking is the preferred scheme for campsites. Pull through parking design, although attractive for some segments of the RV/trailer market, is less desirable as is pull -off (roadside) parking. Pull -in parking is unacceptable. 13) Ground water wells are prohibited. 14) Required on -site group parking and utility/service areas shall be organized, appropriately landscaped, and screened from surrounding streets and adjacent property. Proposals shall also include a compatible, safe and effective pedestrian and vehicular circulation system to service the proposed development. 15) Unified design for all components of campground signage will be required. 16) Use of environmentally "friendly" systems including recycled building materials, solar power, passive solar concepts (shading, solar glass, etc.), waste and water recycling, composting, low energy use systems including climate control & natural ventilation systems, and raised walkways to minimize ground disturbance in ecologically sensitive areas are especially encouraged. OR The Proposal shall describe levels of customer service to be provided by the campground operator, including, but not limited to : (a) Security - Policies, procedures and proposed staffing for providing 24 hour security to the campground and visitor facilities including the swimming beach. City policy permits closing the beach to general public use (non -campground tenants) from sunset to sunrise. W Affiliations - Proposed campground operator should be affiliated with the National Association of RV Parks and Campgrounds, subsequent affiliation with the Florida Association of RV Parks and Campgrounds is recommended. The operator should have a licensed affiliation with camping networks including: Best Holiday Trav-L-Parks, the Good Sam Club, American Automobile Association Campbook Listing, Woodall's Camping Directory, Trailer Life Campground Guide, Adventure Outdoor Resorts, Coast to Coast Resorts, The Florida Association of RV parks and Campgrounds, and the Florida RV Trade Association. (c) Customer Service Programs - Detailed information should be provided on developer/operator experience in the hospitality industry and plans to implement customer service programs to assure high levels of consumer satisfaction for campers and day use visitors. (d) Recreation and Environmental Education Programs - Detailed information should be provided on developer/operator experience and plans to implement programs of a social, cultural arts, recreational, and/or environmental education nature to augment day use and the camping experience. (e) Employee Guidelines - Provisions for training employees and maintaining standards of conduct to ensure quality delivery of visitor services including proposed guidelines for employee appearance and uniforms. (f) Lifeguard_ and Emergency Medical Services - Provisions for providing emergency medical response and minor injury treatment. The Selected Proposer, at his or her sole cost and expense, shall be responsible for acquiring all required permits, licenses and approvals from all agencies with jurisdiction, including but not limited to, the City, Metropolitan Dade County, the State of Florida and public utilities. All site improvements must comply with all applicable building, fire, zoning, health and other code requirements. The Selected Proposer shall be responsible for acquiring all required permits and approvals. The City will assist through expedited review procedures, if applicable. City Annexation of Property - On November 1, 1994, the Dade County Commission adopted Ordinance 208-94 annexing certain lands on Virginia Key to the City of Miami by changing the municipal boundaries of the City to include the entire southerly portion of the campground site, 26 95-- 83 heretofore outside the City's municipal limits (see previous Figure 8 - Property Annexation). suet to bliwing anif zaaing.permitting by the City of Miami. The City is amending the Citywide Miami Comprehensive Master Land Use Plan and accompanying Zoning. Map to reflect the historical and proposed recreational use of the site as Parks and Open Space Use and P-R (Parks and Recreation) zoning as listed under Ordinance No. 11106 adopted November 23, 1993. Dcvr,lgpmr.nts of Regional Impac - The City makes no representations and has no analysis or information as to whether the development contemplated by this RFP is a Development of Regional Impact (DRI) as defined by Florida Statutes Section 380.06. If a governmental agency determines that the proposed development is subject to Development of Regional Impact review and procedures (or a successor law or similar law), the selected proposer shall be solely responsible for applying for all authorizations and applications required by law, at the proposer's sole cost and expense. According to DRI regulations, the DRI threshold requirements for a campground is 500 RV spaces and for a water recreation park is 1,000 parking spaces. It should be noted, however, that these two components will be evaluated by the Florida Department of Community Affairs as an single multi -use development subject to aggregation of threshold percentages. For more information on this process please contact Ms. Julia Trevarthan at the South Florida Regional Planning Council, 1-800-9854416. tat ConstruQtia !Control Lind - Appendix Exhibit A is a survey sketch of the Property that includes a description of the Coastal Construction Control Line. Attached in Appendix D are the Slate of Florida Regulations concerning development within and adjacent to the Coastal Construction Control Zone. Compliance thereto is mandatory for any development within and adjacent to said Zone. Approval of the Florida Department of Environmental Protection will be required for all development within the Coastal Construction zone. I.',,0vironmcntnlly Sensitive L.amia - A Class I Coastal Construction Permit from Dade County is also required for any work in, on, over or upon any wetlands, tidal waters or affecting mangroves on the subject site. Permits from state and federal agencies will be required for work in all jurisdictional wetlands - see Figure 5, Environmental Conditions. Sandy beaches along Virginia Key arc: turtle nesting habitats that must be protected and preserved. Artificial lighting in the vicinity of these beaches may not affect the beach nesting areas. Coastal Hammock areas will require site plan review by Dade County Department of Environmental Resources Management (DERM) to determine appropriate locations for tent campsites (no trailer or RV sites will be allowed in hammock areas.) All landscaping within the hammock area must be native plant material subject to approval by Dade County DERM. The Selected Proposer (Lessee) will be expected to manage the natural areas to assure the current exotic and pest plant removal program. conducted by the City and County is sustained. F=S_ - Current City of Miami impact fee regulations mandate that the proposed development of this Property is not subject to the imposition or payment of City developmental impact fees. Metropolitan Dade County has preliminarily determined an impart free of $2362 per developed acre (approximately S425/campsite for 500 sites, less a credit 27 95-:- 83 .• . OA as 1 Restricted 1 1 1 1Development Wetlands or Mangrove / 1 Development mot,High Quality Hammock No Development ,ter •\::' � . •, ifJ � Disturbed Hammock 1 R.V. sites LimitedCampsites; •� ;;'} Coastal 1 No Development . Coastal1 1 1 IControl Line t •� IT • � V t a ht.. 7Y for prior use impacts of approximately $67,574 or a deduction per campsite of $135.). The net impact fee per campsite would, subject to verification of prior impacts by Dade County, be $290 per campsite for 500 sites. (see Appendix Exhibit V Letter from Development Impact Office). The Metro Dade Water and Sewer Authority will assess sewer hook-up charges of $5.40 per gallon of water estimated to be used daily with an estimate of 50 gallons per day per campsite. It is the responsibility of the proposer to determine, based upon the full proposed development scheme and all uses for the property, the full extent of all impact fees to be assessed. The City will assist the selected proposer in securing the most equitable assessment of impact fees for the final approved project, taking into full account any and all credits available for historical use of the site. The proposal must include a detailed construction cost estimate for the entire proposed development. The total cost of all improvements shall be not less than two million dollars ($2,000,000). The proposer shall provide, as part of the proposal, a description of the financing strategy for all building and site improvements including public spaces and amenities associated with the development. Prior to the execution of a lease agreement the City will require written evidence of a firm and irrevocable commitment of all funds necessary to construct, equip and initiate operation of the proposed Project. The City will require the development of proposed improvements to commence within three months from the transfer of the leasehold Property to the selected proposer. The proposal must include a development schedule which takes into account the commencement date required by the City and which delineates the development of each significant improvement. A termination clause will be included within the lease agreement to insure reasonable compliance with the proposed development schedule. In evaluation of proposals, the timetable for completion of the proposed construction shall be considered along with the proposer's plans and commitment to minimizing the impact of construction on the use of the site. All proposed development must be completed within the time period specified in the schedule given in the proposal. Any and all, proposed physical improvements to the property for a first phase (if built in phases) must be completed within 18- months from the date of transfer of the leasehold Property to the selected Proposer. All subsequent phases must be completed within 48 months from the date of transfer of the leasehold Property to the selected Proposer. 95- 83 30 I !pmposition a d Qualifications of the Development roposingEnd & Consultants Proposals shall include the professional qualifications and credentials that demonstrate the development entity's ability to successfully undertake and complete development of the Property. The proposal must contain information sufficient to demonstrate the ability of the development entity and its consultant(s), if any, to plan, design, construct, lease and manage a campground facility with any and all related services and amenities proposed in accordance with the development program outlined herein in this Section. The Development Entity is hereby defined as the proposing entity (the legal entity: corporation, joint venture, partnership, one or more individuals) with whom the City will contract for the leasehold agreement. The Development Entity, itself or through its consultant(s), if any, shall substantiate its experience in all aspects of development and management of the campground facilities proposed,. subject to compliance with the qualifying criteria specified in Section V.B.1. The consultant(s) to the Development Entity, if any, may be one firm possessing all the required expertise or may be several firms which combined possess all the required expertise. Consultants may include professional planning and design consultants and sub -consultants, general contractor and/or construction manager, and operational and management consultant(s). Consultants and subconsultants may submit with more than one Development Entity. However, the Development Entity (including individual members thereof) shall only submit as part of one submission and shall not be part of any other submission in any capacity. The Development Entity and/or its consultant(s) assembled in response to this RFP shall, at minimum, demonstrate professional expertise in each of the below listed disciplines. Copies of currently effective licenses (for both individuals and businesses, as applicable) shall be included in the proposal. Architectural: shall be registered to practice architecture in the State of Florida as required by Chapter 481, Part I of the Florida Statutes, Architecture, and shall have substantiated experience in the design and development of campgrounds; Engineering: shall be registered to practice engineering in the State of Florida as required by Chapter 471 of the Florida Statutes, Professional Engineers. and shall have substantiated experience in the design and development of campgrounds; Landscape Architectural: shall be registered to practice landscape architecture in the State of Florida as required by Chapter 481, Part II, Landscape Architecture, of the Florida Statutes; 95- 83 31 General Contracting or Construction Management: shall be licensed as a general contractor in the State of Florida and shall have substantiated experience in the management of campground constructions; Operations and Management: shall have substantiated experience in the operations and management of campgrounds or camp facilities, RV parks, and relevant food service and hospitality industry experience. If ancillary services are proposed as part of the development, the Development Entity and/or its consultant(s) shall document measurable relevant experience in each field(s) or area(s) of such ancillary services, i.e., environmental education, commercial leasing, retail operation. No additions or modifications may be made to the proposals and the entities and/or consultants they represent subsequent to the submission deadline. New and/or current personnel who are not identified in the proposal may not be introduced as part of the proposal entity subsequent to the submission deadline. Respondents must notify the City in writing immediately of any firm or individual presented in its original submission, either as part of the Development Entity or its consultants, that becomes unavailable to continue. Any such change may result in the removal of the proposal from consideration. All principals of the development entity may be subject to a background check by the Miami Police Department. (For the purposes of this RFP, "principal" shall be defined as the general partners, stockholders owning 5% or more of the corporate stock, and all corporate officers.) Respondents are encouraged to include in the composition of the Development Entity, businesses or firms whose primary offices are located in the City of Miami. City occupational licenses shall be provided as proof of location for businesses located in the City. For proposal evaluation purposes, the Review Committee shall award points for local firm participation based on the criteria established herein. (Refer to Section VI.B.). Exhibit II includes forms soliciting detail information which must be completed and submitted with the proposal. Prospective proposers shall address and include, as part of their proposals the following items: 1. Development Plan: Description of all aspects of the plan Overall site development Number of new buildings, if any, and use; square footage, height of each Description of disposition, renovation and/or reuse of existing facilities Number, type, size and construction of camping facilities Number, size, type and description of recreational, educational, and/or other ancillary amenities Retail entity square footage and type, if any 32 95- 83 Food and Beverage entity square footage, if any Architectural features Methods of construction On site parking requirements 2. Illustrative Drawings: (Prepared by a registered architect licensed to practice in Florida and board - mounted, size not to exceed 30" x 40") Site Plan - Schematic site plan showing use areas by type, vehicular access and circulation roads, pedestrian paths and schematic planting plan, elevations, sections and floor plans of existing buildings to be renovated and all proposed new structures. Perspective isometric illustrations are not required but will be accepted for review. Models will not he accepted -for review. 3. Schedule of Amenities 4. Management Plan (including such elements as: mission statement, operating parameters and budget, revenue projections and cash flow analysis, employment plan) 5. Marketing Plan - Identification of primary and secondary user markets for types of facilities and services proposed and a description of the strategies to be utilized for attracting and strengthening those markets. 6. Completed Declaration, Finandial Disclosure and Professional Information forms as detailed and included herein as Exhibit II. 7. A stated commitment of annual minimum guaranteed rental payment to the City and percentages of gross revenues collected. 8. A written statement indicating the dollar amount to be spent on permanent physical improvements to the Property, and an inventory or schedule of said improvements. 9. A schedule including all phases of the development including planning and design, construction, and operations. 10. Letters from financial institutions documenting the proposer's ability to finance all aspects of the proposed development. 11. Audited Financial Statements for each principal of the proposing entity. (For the purposes of this RFP, "principal" shall be defined as the general partners, stockholders owning 5% or more of the corporate stock, and all corporate officers.) 12. All required bonds or letters of credit. 13. Documentation of the proposer's (Development Entity's) and consultants' past experience in related development and management. 14. Resumes of key individuals to be involved in the proposed development. 9a- 83 33 15. Individual Engineers, Architects and Landscape Architects must submit current Certificates of Registration or Licenses, and corporations or partnerships in those fields must submit current Certificates of Authorization. 16. The organizational structure presented in graphic form depicting the proposing entity and its professional consultants, including the names, affiliation and addresses of all principals. This includes any and all general partners, stockholders owning 5% or more of the corporate stock, corporate officers, and executives and top management of the Development Entity. 17. Completed Minority Participation Documentation forms (Exhibit III), as evidence of minority participation pursuant to the goals set forth in the City's Minority and Women Business Affairs and Procurement Program. 18. City occupational license(s) demonstrating the participation of local firm(s), if any, in the Development Entity or its consultants. K. Method of Operation The proposal must include a narrative describing the operation of the entire proposed development. The description shall include, at minimum, an organizational chart, job descriptions of key positions, brief outline of operating procedures, how and where the development will be advertised, indication of which businesses are intended to be operated by proposer and which businesses are intended to be subleased or to be operated under a management contract. If independent management services are to be involved, then the applicable forms included herein as Exhibit II. to this document must be completed by management contractors. Respondents will be required to comply with all applicable federal, state and local affirmative action legislation and regulations, including the City's Minority and Women Business Affairs and Procurement Program included herein in Appendix C. Minorities are expected to be an integral part of the development entity and its consultants, to participate substantially in construction contracts and jobs, and to comprise a significant part of the permanent management team, ancillary businesses and work force created by the development. For the purpose of proposal evaluation, "significant" minority participation in the Development shall be defined as not less than 30% of the proposing entity with each minority group (black, Hispanic, and female) having not less than 5% each. As evidence of minority compliance, proposers are required to complete the applicable forms included in Exhibit III. 95- 83 34 V. PROPOSAL SUBMISSION REQUIREMENTS Submissions received in response to the RFP shall meet all requirements specified herein in this Section. Submissions deficient in providing the required information shall be determined non- responsive by the City and ineligible from any further consideration. A complete proposal submission package shall be delivered to the City as follows: 1. One (1) original and fourteen (14) copies of bound proposals in an 8-1/2"x I V format and one set of board- mounted illustrative drawings not to exceed 30" x 40". 2. Proposal submissions must be marked "Unified Development Project Proposal for Virginia Key Campground, Virginia Key Beach, Miami, Florida" and addressed to: Herbert J. Bailey Assistant City Manager City of Miami 3. Proposals must be received at: Office of the City Clerk City of Miami, City Hall (First Floor Counter) 3500 Pan American Drive Dinner Key Miami, Florida 33133 4. The submission package shall be submitted by: 2:00 P.M. Friday, June 16,1995 The time deadline and proposal receipt location will be strictly adhered to by the City. No proposals shall be received or accepted after 2:00 p.m., June 16, 1995 or at any other City office location, other than the City Clerk's Office (First Floor Counter). 5. Proposal submissions must be accompanied by: A non-refundable cashier's check in the amount of $2,000 made payable to the City of Miami. Funds accompanying the proposal submission will be used by the City to cover - actual expenses for advertising, printing, and mailing incurred by the City in preparing and issuing the RFP. Expenses incurred in evaluating proposal submissions, in excess of the total amount collected shall be reimbursed to the City by the selected proposer upon execution of a lease agreement. 95- 83 35 VI. EVALUATION CRITERIA Review procedures and the selection processes are set by the City Charter and Code of which applicable excerpts are included in Appendix A. of this document. At a public hearing held February 9, 1995 the City Commission authorized the City Manager to issue the RFP, appointed a review committee from recommendations submitted by the City Manager and further selected a certified public accounting (CPA) firm, both to evaluate submitted proposals. The review committee established by the City Commission at the public hearing, will render a written report of its evaluation of all responsive and responsible proposals to the City Manager. The review committee shall evaluate each proposal based on the criteria established herein. The committee has the authority to recommend one or more, or none, of the proposals as it deems to be in the best interest of the City. In any event, the recommendation of the committee shall be accompanied by written justification of its decision. The certified public accounting firm selected by the City Commission will render an independent report of its analysis of proposals to the City Manager. The accounting firm shall analyze each proposal based on the criteria established herein. The accounting firm shall present its preliminary findings regarding each proposal to the review committee prior to the review committee completing its deliberations. Proposals shall be reviewed initially by City staff for compliance with all requirements set forth in the RFP. Each proposal shall be checked to ensure that: 1. All development proposal elements and documentation listed in Section IV. and V. have been included in the proposal submission. 2. The required number of copies and one original of the proposal, the board -mounted illustrative drawings, and a $2,000 non-refundable cashier's check have been received by the deadline date and time and at the correct location. During this initial review, and prior to official review by the Selection Committee, Proposing Entities may be contacted to cure proposals which contain non -material, non -substantive defects as determined by solely staff, such as an out of date certification. If notified of such deficiency, proposer shall correct such deficiency within ten (10) working days of receipt of notification. The following specific evaluation criteria and its respective assigned values shall be used by the review committee for purposes of rating and ranking the proposal submissions: 36 95 83 Value C&ria (pints) Experience of the proposing entity...............................................15 Capability of the Development Entity & Consultants ...................15 Financial capability of the proposing entity...................................15 Management & Operating Plan .....................................................15 Overall design of the proposed development.................................10 Environmental Design & Enhancement.........................................10 Financial return to the City............................................................10 Extent of minority participation.....................................................10 Local firm(s) participation...............................................................6 Total Maximum Points..............................106 Proposers are encouraged to have the format of their proposals conform to the outline of factors described below, which will be utilized by the review committee in evaluating the proposals: I. Experience of the Proposing Entity (maximum 15 points) Qualifications and experience of the proposing entity in planning and design, construction, leasing and management. Specific experience of the proposing entity in development, design, leasing and management of campgrounds, beach, recreational facilities, and ancillary types of uses proposed. A minimum of three (3) years experience in campground management/operation is required. 2. Capability of the Development Entity and Consultants (maximum 15 points) Composition of the Development Entity; professional qualifications and capability of embers, project managers, consultants and subconsultants as related to campground, beach and recreational facilities development, construction and management. Architectural/engineering capability and range of experience on similar developments comparable in scope, complexity, magnitude. Adequacy of personnel to successfully undertake and complete the development proposed: General contracting or construction management capability and range of experience on similar campground developments comparable in scope, complexity, magnitude; Good past performance in the administration of other developments and cooperation with former clients. 37 95-- 83 Demonstrated ability to meet time schedules and budget. Qualifications, organization and experience of operational, leasing, management team members. Qualifications and specified experience of project managers, development entity members and professional consultants in development and management of campground facilities. Specific experience of the Development Entity in relationship to development and management of the types of ancillary uses proposed. 3. Financial Capability (maximum 15 points) Demonstrated financial capability of the proposing entity sufficient to successfully undertake and complete this development. Proposing entity's track record of financing developments comparable in magnitude and scope to successfully finance this development. Viability of financing strategy, financing mechanism, and funding sources. Demonstrated feasibility of all aspects of the proposed development substantiated by a market analysis. • 4. Management and Operating Plan (maximum 15 points) Appropriateness and practicality of stated goals, objectives and policies of campground management plan. Viability, practicality and comprehensiveness of management plan, including such elements as: mission, operating parameters and budget, revenue projections and cash flow analysis, personnel organization and staffing plan. Extent and feasibility of marketing plan, familiarity with primary and secondary user markets for proposed facilities and services; and appropriateness of strategies to be utilized for attracting and strengthening those markets. Management approach to ancillary operations and businesses, particularly relative to stated experience and capabilities and City's objectives. Extent and quality of programs for maintenance, security, leisure services, public access and customer/hospitality services. 5. Overall Design of the Proposed Development (maximum 10 points) Fulfillment of the City's established development objective; extent and commitment to destination camping, waterfront recreation and related leisure opportunities. Appropriateness and quality of the design as a campground and as related to the character and ecology of the site and the waterfront. Appropriateness and quality of the design of new structures and any reuse of existing .structures. 95- 83 38 Imaginative and creative treatment of architectural and site design of public access to and design of public spaces, exterior spaces, circulation, view corridors, landscaping, graphics, signage and lighting. Efficiency of site design and organization, and compatibility of uses. Range and mix of uses and amenities; extent of public access and amenities. 6. Environmental Design and Enhancement (maximum 10 points) Sensitivity of overall design to natural environments and endangered species habitats. Extent of environmental enhancement through native landscaping, restoration of existing impacted areas and natural area management programs. Provision of facilities for the use by community organizations for environmental educational purposes. Use of environmentally "friendly" design including construction with recycled materials, passive solar systems, low impact construction techniques, waste recycling and low energy use systems. Provision of interpretive trails, signage, public educational programming and trained personnel for environmental management. 7. Financial Return to the City (maximum 10 points) Annual lease payment including a guaranteed minimum annual rental payment or a percentage of gross revenues, whichever is greater. Term of lease. Dollar value, extent, and timing of capital improvements. Any additional financial benefit to the City. 8. Extent of Minority Participation (maximum 10 points) Significant minority/women participation within the proposing entity (7 points). Significant minority/women participation within the consultants to the proposing entity (3 points). ??Subcontracting and hiring practices during construction. ??Opportunities for minorities/women, hiring outreach and training opportunities in relation to leasing, management, operation and maintenance of facilities. ??Affirmative Action Plans of Development Entity members. 9. Participation of Local Firm(s) (maximum 6 points) A local firm(s) shall be defined as a firm having its primary business office established within the City municipal limits. The firm shall have a current occupational license issued by the City. 95- 83 39 a. 3 points shall be awarded to a proposal submitted by a proposing entity that includes one or more local firms. b. 3 points shall be awarded to a proposal whose Development Entity includes local firm(s) as consultants in the design, general contractor, management and operations fields. - CPA Firm Evaluation Criteria_ The certified public accounting firm selected by the City Commission will evaluate each proposal submission prior to evaluation by the review committee. Specifically, the certified public accounting firm will evaluate the financial viability of the proposing entity, the viability of the financing strategies, source and structure; and will assess comparatively the short and long range economic and fiscal return -to the City. Additionally, the certified public accounting firm will assess the market analysis and evaluate the economic feasibility of the proposed development. The accounting firm shall present its findings regarding each proposal to the review committee prior to the review committee completing its deliberations. The CPA firm will render an independent report of its findings to the City Manager. 95- 83 40 VII. TERMS AND CONDITIONS OF PROPOSED LEASE AGREEMENT -F it Upon authorization of the City Commission, the City Manager or his designee shall negotiate all aspects of a lease agreement with the selected proposer. The City Attorney's office will provide assistance to the City Manager or his designee during the negotiation of the lease agreement and must approve the lease agreement as to legal form and correctness prior to its execution. The lease agreement shall comply with all applicable City Charter and Code provisions. Until such time as the lease agreement is executed, the selected proposer has no vested right, title or interest in the subject property. B lerms and Conditions The lease agreement shall address; but not be limited to the following terms and conditions: 1. Lease. Term 2. Rent 3. Conditions For Lease (City Charter Section 29-B Requirements). 4. Insurance 5. Performance and Payment Bond 6. Indemnification 7. Assignment of Lease 8. Restrictions on Use 9. Design, Engineering and Construction of Improvements 10. Preparation of Premises for Development 11. Operation and Management of Leased Premises 12. Equity Capital and Mortgage Financing 13. Public Charges/Fees 14. Maintenance, Repair and Replacement 15. Condemnation and City "Buy -Out" Provisions 16. Default - Termination 17. Examination of Premises 18. Audit Rights 19. Award of Agreement 20. Conflict of Interest 21. Non -Discrimination 22. Rules and Regulations 23. Compliance with Federal, State and Local Laws 24. Minority Procurement 25. Force Majeure 26. Taxes 26. Miscellaneous 95- 83 41 APPENDIX A City of Miami Charter and Code Sections Pertinent Legislation i 95- 83 i 27-E CHARTER AND RELATED LAWS Subpt. A Sec. 27-E. Assessor to have power of county assessor; general assessment roll. Note —The user's attention is directed to the editor's note to i 27-B of this charter. Sec. 27-F. Signing and endorsing general as- sessment roll; return and presump- tion of validity. Note —The user's attention is directed to the editor's note to i 27-B of this charter. Sec. 27-G. Copy of assessment roll',annexed to warrant commanding collection. Note —The user's attention is directed to the editor's note to i 27-B of" charter. Sec. 27-H. State law as to taxes applies. Note —This section has been substantially changed. by in- ference, inasmuch as assessment and collection of taxes is now the exclusive responsibility of Dade County. The user's attention is directed to the editor's note to i 27-B of this charter. [Sec. 27-I. Reserved.] Sec. 27-J. Discounts if taxes paid before cer- taid time. Note —The discount rates formerly set out in this section no longer apply; for present rates, see Fla. State., i 193.41. The user's attention is also directed to the editor's note to i 27-B of this charter. Sec. 27-IL When taxes become delinquent; in- terest rates on delinquent taxes. Note —The user's attention is directed to the editor's note to i 27-B of this charter. Sec. 27-L. Tax certificates; interest rate them on. Note —The user's attention is directed to the editor's note to i 27-B of this charter. Sec. 28. Chief procurement officer. (a) The city manager shall appoint a chief pro. curement officer who shall supervise all purchases for the city in the manner provided by ordinance and who shall, under such procurement methods as may be prescribed by ordinance, supervise sales Supp. No. 29 of all real and personal property'of the city not needed for public use or that may have become unsuitable for use. The chief procurement officer shall have charge of such storerooms and ware.* houses of the city as the commission may by ordi. nance provide. Before any purchase or sale, the chief procurement officer shall require that all prescribed procurement procedures be followed. Supplies shall not be furnished to any department unless there be to the credit of such department an available appropriation balance in excess of all unpaid obligation sufficient to pay for such supplies. (b) No contract for furnishing supplies or ser- vices for the city, except as otherwise provided in this charter, shall be made for a period of more than one year. (c) The chief procurement officer shall see to it that all persons seeking to do business with the city not discriminate against any employee or applicant for employment because of age, race, creed, color, religion, sex, national origin, handi- cap, or marital status; and that they take affir- mative action to ensure that applicants are em- ployed and that employees are treated during em- ployment without regard to their age, race, creed, color, religion, sex, national origin, handicap, or marital status. (d) The chief procurement officer shall be re- sponsible for developing such minority procure- ment program as may be prescribed by ordinance and permitted by law. Sec. 29-A.. Contracts for personal property, public works or ilmprovements, uai- fled development projects, and real propert , safeguards. (a) Personal property. Any personal property, including but not limited to supplies, equipment, materials, and printed mutter, may be obtained by contract or through city labor and materials, as provided by ordinance. All contracts for more than four thousand five hundred dollars ($4XM.00) . shall be awarded by the commission to the lowest responsible bidder, after public notice and using such competitive sealed bidding methods as may, be prescribed by ordinance; provided, however, 30 95- 83 Subpt. A CHARTER that if the amount of a bid or proposal submitted by a vendor whose primary office is located in the City of Miami is not more than ten (10) percent in excess of the lowest other responsible bidder or proposer, such local vendor may be awarded the contract, but the city manager or designee shall have the power to reject all bids and proposals. Notwithstanding the foregoing, the city manager may waive competitive sealed bidding methods by making a written finding which shall contain reasons supporting the conclusion that competi- tive sealed bidding is not practicable or not ad- vantageous to the city, which finding must be ratified by an affirmative vote of two-thirds of the commission after a properly advertised public hear- ing. When competitive sealed bidding methods are waived, other procurement methods as may be prescribed by ordinance shall be followed. All invitations for bids, requests for proposals, or other solicitations shall contain a reservation of the foregoing right to reject all offers. All contracts for personal property in excess of four -thousand five hundred dollars ($4,500.00) shall be signed by the city manager or his designee after approval thereof by the commission. This section shall not apply to transfers to the United States or any department or agency thereof, to the State of Flori- da, or to any political subdivision or agency thereof: (b) Public works or improvements. Any public work or improvement may be executed either by contract or by the city labor force, as may be determined by the commission. There shall be a separate accounting as to each work or improve- ment. Before authorizing the execution by the city labor force of any work or improvement or phase thereof,. the city manager shall submit to the commission a description of the anticipated scope of work and related cost estimates. All con- tracts for more -than ten thousand dollars ($10,- 000.00), which shall include contracts under which improvements valued in excess of $10,000 are to be constructed for the city, shall be awarded to the lowest responsible bidder after public notice and using such competitive sealed bidding meth- ods as may be prescribed by ordinance; provided, however, that if the amount of a bid or proposal submitted by a contractor whose primary office is located in the City of Miami is not more than ten (10) percent in excess of the lowest other respon- Supp. No. 29 31 4 29-A sible bidder or proposer, such local contractor may be awarded the contract, but the city manager or designee shall have the power to reject all bids and proposals. Notwithstanding the foregoing, the city manager may waive competitive sealed bid- ding methods by making a written finding that a valid emergency exists or that there is only one (1) reasonable source of supply, which finding must be ratified by an affirmative vote of two-thirds of the commission after a properly advertised public hearing. When competitive sealed bidding meth- ods are waived, other procurement methods as may be prescribed by ordinance shall be followed. All invitations forbids, requests for proposals, or other solicitations shall contain a reservation of the foregoing right to reject all offers. Contracts for public works or improvements shall be signed by the city manager or his designee after approval thereof by the commission. When it becomes necessary in the opinion of the city manager to make alterations or modifica- tions in a contract for any 'public work or im- provement, such alterations or modifications shall be made only when authorized by the commission upon the written recommendation of the city man- ager. No such alteration shall be valid unless the price to be paid for the work or material, or both, under the altered or modified contract shall have been agreed upon in writing and signed by the contractor and the city manager prior to such authorization by the commission. (c) Unified development projects. A unified de- velopment project shall mean a project where an interest in real property is owned or is to be ac- quired by the city, is to be used for the develop- ment of improvements, and as to which the com- mission determines that for the development of said improvements it is most advantageous to the city to procure from a private person, as defined in the Code of the City of Miami, one or more of the following integrated packages: (1) planning and design, construction, and leas- ing; or (2) planning and design, leasing, and manage- - ment; or (3) planning and design, construction, and man- agement; or 95- 83 i 29-A CHARTER AND RELATED LAWS (4) planning and design, construction, leasing, and management. So long as the person from whom the city pro- cures one of the above -mentioned integrated pack, ages provides all of the functions listed for that package, such person need not provide each listed function for the entire unified development project nor for the same part of the unified development project. Requests for proposals for unified development projects shall generally define the nature of the uses the city is seeking for the unified develop. ment project and the estimated allocations of land for each use. They shall also state the. following Subpt. A consist of an appropriate number of city offi- cials or employees and an equal number plus one of members of the public, whose names shall be submitted by the city trianager no fewer than five days prior to the above - mentioned public hearing. At the conclusion of the public hearing the com. mission shall authorize the issuance of a request for proposals, select a certified public accounting firm, and appoint the members of the review com- mittee only from among the persons recommended by the city manager. The procedure for the selection of an integrated package proposals shall be as follows: (1) the specific parcel of land contemplated to be (1) used or the geographic area the city desires to develop pursuant to the unified develop- ment project; (2) the specific evaluation criteria to be used by the below -mentioned certified public account- ing firm; (3) the specific evaluation criteria to be used by (2) the below -mentioned review committee; (4) the extent of the city's proposed commitment of funds, property, and services; (5) the definitions of the terms "substantial in- crease" and "material alteration" that will apply to the project pursuant to subsection (eX4) hereof, and (3) (6) a reservation of the right to reject all propos- als and of the right of termination referred to in subsection (eX4), below. After public notice there shall be a public hear- ing at which the commission shall consider: (1) the contents of the request for proposals for the subject unified development project; (2) the selection of a certified public accounting firm, which shall include at least one mem- ber with previous experience in the type of development in question; and (3) the recommendations of the city manager for the appointment of persons to serve on the review committee. Said review committee shall Supp. No. 29 all proposals shall be analyzed by a certified public accounting firm appointed by the com- mission based only on the evaluation criteria applicable to said certified public accounting firm contained in the request for proposals. Said certified public accounting firm shall render a written report of its findings to the city manager. the review committee shall evaluate each pro. posal based only on the evaluation criteria applicable to said review committee contained in the request for proposals. Said review com- mittee shall render a written report to the city manager of its evaluation of each pro. posal, including any minority opinions. taking into consideration the findings of the aforementioned certified public accounting firm - and the evaluations of the aforementioned review committee, the city manager shall red. ommend one or more of the proposals for ac. ceptance by the commission, or alternatively, the city manager may recommend that all proposals be rejected. If there are three or more proposals and the city manager recom- mends only one, or if the city manager rec. ommends rejection of all proposals, the city manager shall state in writing the reasons for such recommendation. In transmitting his recommendation or rec- ommendations to the commission, the city manager shall include the written reports, including any minority opinions, rendered to 95- 83 32 Subpt. A CHARTER 4 29-A him by the aforementioned certified account- ing firm and review committee. (4) all contracts for unified development projects shall be awarded to the person whose pro- posal is most advantageous to the city, as determined by the commission. The commission may accept any recommenda- tion of the city manager by an affirmative vote of a majority of its members. In the event -the com- mission does not accept a proposal recommended by the city manager or does not -reject all propos- als, the commission shall seek recommendations directly from the aforementioned review commit- tee, which shall make a recommendation -or rec- ommendations to the commission taking into ac- count the report of the aforementioned certified public accounting firm and the evaluation criteria specified for the review committee in the request for proposals. After receiving the direct recommendations of the review committee, the commission shall, by an affirmative vote of a majority of its members: (1) accept any recommendation of the review com- mittee; or (2) accept any previous recommendation of the city manager; or (3) reject all proposals. All contracts for unified development projects shall be signed by the city manager or designee after approval thereof by the commission. The city manager or designee shall be responsible for developing a minority procurement program as may be prescribed by ordinance and permitted by law in conjunction with the award of contracts for unified development projects. The provisions of this charter section shall supersede any other char- ter or code provision to the contrary. (d) Sales and leases of real property, prohibi- tion. Except as otherwise provided in this charter section, there shall be no sale, conveyance, or disposition of any interest, including any lease- hold, in real property owned by the city, the de- partment of off-street parking, or the downtown development authority, unless there has been prior public notice and a prior opportunity given to the Supp. No. 29 33 A-4 public to compete for said real property or inter- est. Any such sale, conveyance, or disposition shall be conditioned upon compliance with: the provi- sions of this section; such procurement methods as may be prescribed by ordinance; and any re- strictions that may be imposed by the city, the department of off-street parking, or the downtown development authority, as appropriate. Further, no right, title, or interest shall vest in the trans- feree of such property unless the sale, conveyance, or disposition is made to the highest responsible bidder, as is determined by the city commission, or the off-street parking board, or the downtown development authority board of directors. The city commission or the off-street parking board or the downtown development authority board of direc- tors, as appropriate, may by resolution waive the requirement of sale, conveyance, or disposition to the highest responsible bidder by means of the following procedure: the city manager, the direc- tor of the off-street parking authority, or the di- rector of the downtown development authority, as appropriate, must make a written finding that a valid emergency exists, which finding must be ratified by an affirmative vote of two-thiris of the commission after a properly advertised public hear- ing. When the requirement of sale, co iveyance, or disposition to the highest responsible bidder is waived, other procurement methods as may be prescribed by ordinance shall be followed. The city or the department of off-street parking or the downtown development authority "shall have the power to reject all offers. All invitations for bids, requests for proposals, or other solicitations 4hhall contain a reservation of the foregoing riglit . to reject all offers. This section shall not apply to transfers to the United States or any department or agency thereof, to the State of Florida, or to any political subdivision or agency thereof. (e) Safeguards. (1) All persons contracting with the city under this section shall be required to certify their compliance with the antitrust laws of the United States and of the State of Florida and to hold harmless, defend, and indemnify the city for any noncompliance by said persons with the above laws. 95- 83 i 29•A CHARTER AND RELATED LAWS (2) All persons contracting with the city under this section shall be obligated to pay which- ever is the greater of the following: (i) all applicable ad valorem taxes that are lawfully assessed against the property involved or (ii) an amount to be paid to the city equal to what the ad valorem taxes would be if the property were privately owned and used for a profit -making purpose. Such taxes shall not be credited against any revenues accruing to the city under any contract that may be awarded under this section. (3) Any proposal by a potential bidder or con- tractor that contemplates more than the es- timated extent of the city's proposed commit- ment of funds, property, or services shall be ineligible for acceptance by the city con. (4) Any substantial increase in the city's com- mitment of funds, property, or services, or any material alteration of any contract awarded under subsection (c) of this section shall enti. tle the city commission to terminate the con- tract after a public hearing. Prior to such public hearing, the commission shall seek and obtain a report from the city manager and from the review committee that evaluated the proposals for the project, concerning the advisability of exercising that right. (Char. Amend. No. 3, 11-6-79; Ord. No. 9507, § 1, 10-28-82; Char. Amend. No. 1, 11-2-82; Char. Amend. No. 1, 11.4-86; Char. Amend. No. 3, 11.3-87) Editor's note —Ord. No. 9489, adopted by the commission on Sept. 17. 1982, set forth Charter Amendment No. 1 for approval/rejection at election on Nov. 2, 1982. On Oct. 28, 1982. Ord. No. 9507 amended the language of subsections (a) and (c) of 153 as proposed by Ord. No. 9489. The election was to approve the language of Charter Amendment No.1, as amended by Ord. No. 9507. Subsequently, in light of Charter Amend- ment No. 2 of Nov. 3, 1987, the city attorney directed the codifier to delete paragraph (ii) of subsection (d) as superseded by 4 29.8. Annotations —For case decided prior to enactment by Char. ter Amendment No. 3 of 1979 of a competitive -bidding re- quirement for disposition of city property, see Mahoney v. Givens, 64 So. 2d 926. Said case held that competitive bidding is not required to lease city real estate. Material variance between plans bid upon and plans sub• mitted and adopted renders contract void, Glatstein v. City of Miami, 399 So. 2d 1005. Supp. No. 29 Subpt. A Sec. 29.13. City -owned property sale or lease -- Generally. Notwithstanding any provision tb the contrary contained in this Charter or the City Code, except for the conveyance or disposition of city -owned property implementing city -assisted housing pro- grams or projects which are intended to benefit persons or households with low and/or moderate income by providing housing for such persons or households, such as, but not limited to, those funded programs or projects undertaken, pursuant to the Federal Housing Act of 1937 and the Florida Hous- ing Act of 1972, as those statutes maybe amended or revised from time to time, implementing city - assisted housing programs as may be authorized by federal or state law, implementing projects authorized under the Florida Community Rede- velopment Act of 1969, and implementing pro- jects of any governmental agency or instrumen- tality, the city commission is hereby prohibited from favorably considering any sale or lease of property owned by the city unless there is a re- turn to the city of fair market value under such proposed sale or lease. The city commission is also hereby prohibited from favorably consider- ing any sale or lease of city -owned property un- less (a) there shall have been, prior to the date of the city commission's consideration of such sale or lease, an advertisement soliciting proposals for said sale or lease published in a daily newspaper of general paid circulation' in the city, allowing not less than ninety (90) days for the eity's receipt - of proposals from prospective purchasers or les- sees, said advertisement to be no less than bne- fourth (34) page and the headline in the adver- tisement to be in a type no smaller than 18-paint and, (b) there shall have been at least three (3) written proposals received from prospective pur- chasers or lessees; however, if there are less than three (3) such proposals received and if the guar- anteed return under the, proposal whose accep- tance is being considered is equal to fair market value the city commission determines that she contemplated sale or lease will be in the city's best interest then, subject to the approval of a majority of the votes cast by the electorate at a referendum, the sale or lease may be consummat- ed. As a further exception to the above require- ments and any other requirement for competitive 95- 83 34 Subpt. A CHARTER bidding procedures to be used in the disposition of city -owned property or any interest therein, the city commission is authorized to waive all such disposition requirements where the intended use of such property or interest therein is in further- ance of the objective of providing rental or sales housing within the economic affordability range of low and/or moderate income families and/or individuals. In determining low and/or moderate income households as set forth above, the criteria shall be those provided for by federal and/or state law or by the city commission. (Char. Amend. No. 2, 11-3-87) Sec. 29-C. Same --Watson Island. Notwithstanding any provision to the contrary contained in the Charter or Code of the City of Miami, no sale, conveyance lease, management agreement, revocable use permit, or license agree- ment may be entered into for the management, occupancy or use of the area known as Watson Island unless (1) there shallhave been, prior to the date of the city commission's consideration of such sale, lease, management agreement, revo- cable permit or license agreement, an advertise- ment soliciting proposals for said sale, lease, man- agement agreement, revocable permit, or license agreement published in a daily newspaper of gen- ' eras paid circulation in the city, allowing not less than ninety (90) days for the city's receipt of pro- posals from prospective purchasers or lessees, said advertisement to be no less than one-fourth page and the headline in the advertisement to be in a type no smaller than 18-point; and, (2) the pro- posed transaction be approved by a majority of the votes cast by the electorate at a referendum. to be herd at the nest regularly scheduled general election. The procedures for selection of proposals shall be those provided by Charter section 29A(c) br (d) as appropriate and/or by applicable City Code provisions. Nothing herein shall effect the existing rights or privileges, if any, of any lessee, permittee, licensee or concessionaire curreddy sit- uated in said area; however, any enlargement, amendment, transfer, or increase in those rights or privileges as may be in existence at the time this amendment is adopted shall require compli- ance with the provisions of this amendment. This Charter Amendment shall not affect the city's Supp. No. 29 4 30 use or occupancy of the area, nor shall.it apply to contracts for the construction of any city facilities or improvements in the area; further, nothing contained herein shall apply to projects of any governmental agency or instrumentality. (Char. Amend. No. 1, 11-3.87) Sec. 30. Local improvements. (a) Definitions; divisions into classes. In this section the following words and phrases shall have the following meanings, unless some other mean- ing is plainly intended: The main divisions of this section are some. times herein termed paragraphs, and the divisions of paragraphs are sometimes herein termed subparagraph& A local improvement is an improvement defined by this section and made under the provisions thereof. The word commission shall be deemed to refer to the city commission of the City of Miami. A highway is a public way such as a street, boulevard, avenue, lane, alley, parkway, court, terrace, or place. A sidewalk is a path for pedestrians along a highway. A storm sewer is a conduit above or below ground for the passage of storm water, including a pump- ing station and outlet where deemed necessary; it may also include the building of culverts over streams or enclosing of streams where necessary or advisable to carry off storm water. A sanitary sewer is an underground conduit for the passage of sewage and may include a pump- ing station and outlet where necessary. 34.1 95- 83 n_r 1 1852.7 MIAMI CODE rights. In the event of such cancellation or rejec- tion, the chief procurement officer shall promptly notify all affected bidders or offerors and make available to them a copy of the written explana- tion for such cancellation or rejection, which shall be a public record. (Ord. No. 9572, 4 1, 2.10-83) i Sec. 18-52.8. Sole -source contracts. (a) Conditions for use Since it is not practica- ble for the city to use competitive bidding meth- ods to secure goods or services if there is any one (1) reasonable source of supply, sole -source awards may be made as an exception to the -other meth- ods prescribed in this section under the following circumstances: (1) Where the compatibility of equipment, acces- sories, or replacement parts permits one (1) reasonable source.of supply; (2) Where the goods or services available from a single source are needed for trial use or test- ing; and (3) Where the unique and specialized expertise of one (1) source of services is unlikely to be ebiained from any ,other source. (b) .Determination and approud The determi- nation that an award shall be made on a saw source basis shall be made by the chief p=we- ment officertethectymanagw...Saeh�eterminalaon shall be made in writing and provide complete justification as to why no other sources of goods or services could be obtained to meet the city's requirements. The determination shall also cer- tify that the terms and conditions of the award have been negotiated so as to obtain the most favorable terms and conditions, including price, as may be offered to other customers or clients by the proposed contractor. The city manager may waive competitive bidding after he makes a writ- ten funding, supported by reasons, that only one (1) reasonable source of supply exists. Such find- ing must be ratified by an affirmative two-thirds ft vote of the city commission after a properly advertised public hearing. (c) Public notice and disclosure. Notice that the city intends to award a sole -source contract shall be published at least once in a newspaper of gen- eral circulation in the city prior to contract award, Supp. Na 10 4 18.52.9 but in any event at least fifteen (15) calendar days shall intervene between the last date of pub- lication and the date of award. Such notices shall state the intention to award a .sole -source con- tract, the nature of goods or services to be ac- quired, the name of the proposed contractor, and the name and telephone number of a cognizant city official who may be contacted by other poten- tial sources who feel they might be able to satisfy the city's requirements. A record of such notices and responses thereto shall be maintained in the contract file along with the written determina- tion required above, and a compilation of all sole source awards shall be submitted by the city man. ager to the city commission on a quarterly basis to include: (1) The name of the sole -source contractor, (2) The nature of the goods or services procured; (3) The reasons no other source could satisfy city requirements; t4) The amount and type of contract, and (5) The identification number for each contract file. (Ord. No. 9572, f 1, 2-10-83) See- 18 52.9. ' Unified development projects. (a) Delniiions. For the purposes of this article IV, the following terms shall have the following meanings: Unifted development project shall mean a proj. ect in which an interest in real property is owned - or is to be acquired by the city, which is to be used for the development of improvements, aiiA as to which the city commission determines that for the development of said improvements it is most advantageous to the city that the city procure from a private person, as defined in the Code of the city, one (1) or more of the following inte- grated packages: (1) Planning and design, construction, and leas- ing; or (2) Punning and design, leasing, and manage- ment; or . (3) Planning and design, construction, and man- agement; or 1208 95— 83 n 1 1"2.9 FINANCE 4 1852.9 (4) Planning and design* construction, Teasing and management. (b) Conditions for we A unified development project shall be used is those circumstances in . which the city commission bf resolution deter mines that for the development of improvements' it is most advantageous to the city that the city procure an integrated entity as defined in section 1M2.9(a). So long as the person from. which the city procure& one (1) of the above -mentioned inte- grated packages provides 0 of the functions listed for that package, such person need not provide each listed function for the entire unified &veT . opment project nor for the same part of 'the unc fled development project. (c) Requests for proposals A regpest for pm posals shall be issued which genereilydefines the: nature of the project,. the uses the city, is seeking for the project, and the estimated allbmdom of land for each use. The request for proposal's shaff also include the following: (1) Instructions and information to offerors eon. cerning the proposal submission require- ments, including the time and date set for receipt of proposals, the address of the of- fice to which proposals are to be delivered, the maximum time for proposal acceptance by the city, and any other special information; (2) The specific parcel of land contemplated to be used or the geographic area the city desires to develop; (3) The specific criteria which shall be used to evaluate competing proposals by the below - mentioned certified public amounting firm; (4) The specific evaluation criteria which shall be used to evaluate competing proposals by the below -mentioned review committee; (5) A statement that written and oral discus- sions may be conducted with offerors who submit proposals determined to be reason- ably susceptible of being selected for award, but that proposals may be accepted as sub- mitted without such discussions; (6) A statement of when and how financial considerations and return to the city should be submitted; 9upp. Na 10 (7) The contract terms and conditions, includ. ing warranty and bonding or other secu- rity requirements as may be fixed and applicable; (8) The extent of the city's proposed commit. ment of funds, property, and services; (9) The definition of the terms "substantial increase" and "material alteration" that will apply to the psaject. in. accordance with section 53(OW)•ufthe C>hwber of the city; (10) A reservation of the right to: tgject all pro. posak wad of the rim of termination re- ferred to. im sectias. 53Cea M of the Charter of the city, (11)• The date, time ands place at which any preproposal conferences may be held and whether attendance at such conferences is a condition for offering proposals; and (12) The place where any documents incorpo- rated by reference may be obtained. Before issuing a request for proposals, there shall be a public hearing, after public notice, at which the commission shall consider- (1) The contents of the request for proposals for the subject unified development project; (2) The selection of a certified public accounting firm, which shall include at least one (1) mem. ber with previous experience in the type of _ development in question; and (3) The recommendations of the city manager for the appointment of persons to serve on the review committee. Said review commit.' tee shall consist of an appropriate number of city officials or employees and an equal num- ber plus one (1) of members of the public, whose names shall be submitted by the city manager no fewer than five (5) days prior to the above -mentioned public hearing. At the conclusion of the public hearing, the com- mission shall authorize the issuance of a request for proposals, select a certified public accounting firm, and appoint the members of the review com- mittee only from among the persons recommended by the city manager. 1209 n _0 95- 83 4 1852.9 M1AW CODE (d) Developer lists. Developer lists may be com- piled to provide the city with the names of deveI- opers who may be interested in competing for various types of city projects. Unless otherwise provided, inclusion or exclusion of the name of a i developer does not indicate whether that devel. oper is responsible with respect to a particular procurement or otherwise capable of successfully performing a particular city project. (e) Public notice. Notice inviting proposals shall be published at least once in a•newspaper of gen- eral circulation in the city to provide a reason- able time for proposal preparation considering the . content and complexity of the anticipated scope of work. In any event, at least fifteen (lb) days shall intervene between the last date of publication and the final date for submitting proposals. Such notices shall state the general description of the scope of work, the place where a copy of the re- quest for proposals may be obtained, and the time and place for receipt of proposals. The city man- ager may, in addition, solicit proposals from all responsible prospective developers listed on a cur- rent developers list by sending them copies of the public notice to acquaint them with the proposed procurement. (f) Preproposal conferences. Preproposal confer- ences may be conducted to explain the require- ments of the proposed procurement. They shall be announced to all prospective developers known to have received a request for proposals. The confer- ence should be held long enough after the request for proposals has been issued to allow developers to become familiar with it but sufficiently before proposal submission to allow consideration of the conference results in preparing proposals. Noth- ing stated at the pagrgxsal confe vxm shall change the request for proposals unless a change is made by written amendment. A summary of the con- ference shall be supplied to all those prospective developers known to have received a request for proposals. If a transcript is made, it shall be a public record (g) ReoW of proposals Proposals shall be opened publicly in the presence of two (2) or more city officials. After the closing date for receipt of pm posals, a register of proposals shall be prepared .by the city manager which shall include, but not 4 1852.9 be limited to, the name of each offeror and a summary description sufficient to identify the proj- ect. The register of proposals shall be open to public inspection. (h) Minority participation. The city's minority procurement program shall be referred to in the requests for proposals and shall apply to the award- ing of contracts for unified development projects. (i) Evaluation of proposals. The procedure for the selection of an integrated package proposal shall be as follows: (1) All proposals shall be analyzed by a certified public accounting firm appointed by the com- mission based only on the evaluation criteria applicable to said certified public accounting firm contained in the request for proposals. Said certified public accounting firm shall render a written report of its findings to the city manager- (2) The review committee shall evaluate each proposal based only on the evaluation criteria applicable to said review committee contained in the request for proposals. Said review com- mittee shall render a written report to the city manager of its evaluation of each propo. sal, including any minority opinions. (3) Taking. into consideration the findings of the aforementioned certified public aoo=dng firm, the evaluations of the aforementioned review committee, and the degree of minority partic- ipation in city contracts, the city manager shall recommend one (1) or more of the pro-- ~ posals for acceptance by the commission, or alternatively, the city manager may recom- mend that all proposals be rejected. If there are three (3) or more proposals and the city manger recommends only one (1), or if he recommends rejection of all proposals, the city" manager shall state in writing the reasons for his recommendation. In transmitting his recommendation or recommendations to the commission, the city manager shall include the written reports, including any minority opinions, rendered to him by the aforemen- tioned certified accounting firm and review committee. < Supp. No.10 1210 95- 83 Subpt. A CHARTER 3 other evidence of city indebtedness shall be (ii) To acquire or dispose of services inside imposed on the bonds of the city. or outside the city, by purchase, gift, (b) Streets, parks, bridges, sewers, grade cross- or otherwise for any purposes of the ings, speed of vehicles; services and rates of i motor vehicle carriers: To pave, grade, curb, '. city. (iii) To lease to or contract with private repave, macadamize, remacadamize, lay out, firms or persons for the commercial use open, close, vacate, discontinue, widen, and or management of any of the city's wa. otherwise improve streets, alleys, avenues, terfront property, but only in compy. boulevards, lanes, sidewalks, parks, prom- ance with the other requirements of enades, and other public highways or any this charter and on condition that: part thereof, and to hold liens thgrefor as (A) the terms of the contract allow rea. hereinafter..provided; to construct and main- sonable public access to the water tain bridges, viaducts, subways, tunnels, and reasonable public use of the sewers, and drains, and regulate the use of property, and comply with other all such highways, parks; public grounds, charter waterfront setback and and works; to prevent the obstruction of view -corridor requirements; and such sidewalks, streets, and highways; to � B) the terms of the contract result in . abolish and prevent grade crossings over � a fair return to the city based on the same by railroads; to regulate the op- two independent appraisals; and eration and speed of all vehicles using the (C) the use is authorized under the then streets, highways, and railroads within the existing master plan of the city; city; to regulate the service rendered and procure (D) the procurement methods prescribed rates charged by busses, motor cars, cabs, by ordinances are observed. and other vehicles for the carrying of pas- Any such lease or management agree - . stingers and by vehicles for the transfer of Inept or proposed extension or mociifi- baggage. cation of an existing such lease or man. agement agreement which does not com- (c) S Special or local assessments: To impose Pe pose spe- ply with each of the above conditions cial or local assessments for local improve- shall not be valid unless it has first ments as hereinafter provided and to en- been approved by a majority of the vot. force payment thereof. ers of the' city. (d) Contracting debts and borrowing money: Nothing herein contained shall in any Subject to the provisions of the Constitu- manner affect or apply to any project tion of Florida and of this charter, to con- the financing of which has been pro- tract debts, borrow money, and make and vided by the authorization of bonds to issue evidences of indebtedness. be issued by the city. (e) Expenditures: To expend the money of the (g) Public propel' and improvements: To make city for all lawful purposes. and maintain, inside and outside the city, public improvements of all kinds, incl'ud- (f) Acquisition and disposition of property and ing municipal and other public buildings, services: armories, markets, and all buildings and G) To acquire by purchase, gift, devise, structures necessary or appropriate for the condemnation or otherwise, real or per. use of the city; to acquire by condemnation sonal property or any estate or inter- or otherwise all lands, riparian and other est therein, inside or outside the city, rights, and easements necessary for such for any of the purposes of the city; and improvements; and to rent or, lease from to improve, sell, lease, mortgage, pledge, any person any land or building within or or otherwise dispose of such property without the city or any part thereof for any or any part thereof. municipal purpose. Supp. No. 27 3 95" 83 A-13 4 3 CHARTER AND RELATED LAWS Subpt. A to be contributed for maintenance of the (ii) In order to preserve the city's natural fund. scenic beauty, to guarantee open spac- (11) Airports and landing fields: To acquire by es, and to protect the waterfront, any- thing in this charter or the ordinances purchase, lease, condemnation, or otherwise, lands inside or outside the city limits for of the city to the contrary notwithstand- use as landing fields or airports; to con- ing, neither the city nor any of its agen- struct and equip thereon or on other prop- cies shall issue building permits for any surface parking or enclosed struc- erty of the city such improvements as may be necessary for that purpose; to operate tures located on Biscayne Bay or the and maintain such facilities; to provide rules Miami River from its mouth to the v.W. 5th Street Bridge, and regulations governing their use and the use of other property or means of trans- (A) which are not set back at least 50 poeration within or over the same; and to feet from the seawall (where' the depth of the lot is less than 200 enter into contracts or, otherwise cooperate with other government entities or other pub- feet, the setback shall be at least lic or private agencies in all matters relat- (B) which do not have average side ing to such facilities; otherwise to exercise such powers as may be required or cone- yards equal in aggregate to at least nient for such establishment, operation, and 25 percent of the water frontage of each lot based on average lot width. maintenance; to levy taxes for any such purpose; unless such facilities shall have QH) The above setback and side yard re - been acquired by lease, to issue bonds to quurements. may be modified by the city commission after design and site -plan pay the cost of such facilities; and to grant, deed or dedicate lands, with or without con- review and public hearing only if the sideration, to other governmental entities commission determines that the modi. fications requested provide public bene. for use as landing fields or airports. (Laws of Fla. (1929), ch. 14234) fits such as direct public access, public walkways, plaza dedications, covered (mm) Building and zoni)W parking up to the floodplain level, or G) To provide by ordinance building, plan- comparable benefits which promote a ning, and zoning regulations and re- better urban environment and public advantages, or which preserve natural _ strictions governing the height, num. ber of stories, method of construction, features. Wherever setback, side -yard, type, and size -'of buildings and other or site -plan review requirements of ran - ing ordinancesare greater than the structures; the percentage and portion of 'the lot or site that may be occupied-, foregoing requirements, such greater the size of the frcut, rear, and side yards, requirements shall goverm (iv) These requirements shall not apply to courts, and other open spaces; the lo. cation, use of buildings, structures, and docks and appurtenant structures' single` land for trade, industry,. residences, family residen0es and appurtenant sue` apartment houses, and other purposes; tares, and waterfront industrial uses and the widening and future widening along the Miami River and at the Port of streets in zoned street areas that the of Miami. Nothing herein contained shall city may establish. Such regulations in any manner affect or apply to: the City of Miami/University of Miami may provide that a board of appeals or the city commission may determine and James L. Knight International Center . vary the application of building, plan- and hotel facility' including all bq=ve. ning, or zoning ordinances in harmony ments thereon, or to lands and projects with their general purpose and -intent. which the city coon has approved Sum No. a? 95 83 Subpt. A CHARTER prior to September 18, 1979, by devel- opment order pursuant to chapter 380 of Florida Statutes of a planned area development pursuant to article XXI• 1, City of Miami Comprehensive Zon- ing Ordinance or which have received site and development plan approval, including Plaza Venetia, Phase II, Reso- lution No. 72-113, April 20, 1972; Res- olution No. 72-114, April 20; 1972; and Resolution No. 72.416, July 20. 1972. (nn) Borrowing to erect and add to public build- ings: To borrow money for the erection, con- struction, and furnishing of public build- ings, including hospitals, city office build- ings, city halls, and other municipal struc- tures; to borrow money for the purpose of building additions to public buildings now owned by the city; to execute notes and other evidences of indebtedness, and to se- cure the same by a mortgage upon said buildings and the land upon which the build- ings may be located; to pledge and hypoth- ecate the net. revenue, after the payment of all operating expenses and fixed charges, including interest on the debt so created and on all other debt created in the con- struction of such building, as well as to pledge and hypothecate the net revenue derived from such buildings and the land upon which they stand, all for the purpose of securing the repayment of money bor- rowed to be used in such construction; to issue certificates of indebtedness secured by the net receipts from the use or rental of the'buildings or additions to present exist- ing buildings erected or to be erected for public purposes. Notwithstanding the fore• going, no tax shall ever be levied nor money taken or diverted from the general funds of the city for the payment of the indebted- ness authorized by this section. (Laws of Fla. (1933), ch. 16561) (oo) Borrowing to provide adequate waterworks system To borrow money for the purpose of providing an adequate waterworks system, including new water lines, and for the pur- pose of repairing, improving, and extend. Supp. Na 27 43 ing the existing waterworks system; to issue promissory notes and certificates of indebt. edness, and to secure same, by an assign. ment of all net rentals and net revenues, . after the payment of all operating expenses and fixed charges, including interest on the debt so created, and all debt created for the construction of such work, derived from said waterworks system or any portion thereof, until moneys so borrowed shall have been fully paid; to mortgage the entire water. works system or any portion thereof to make necessary repairs; and to pledge the net revenue derived from said system, until said money shall have been fully repaid. Not. withstanding the foregoing, no tax shall ever be levied nor money taken or diverted from the general funds of the city for the payment of the indebtedness authorized by this section. (pp) Borrowing to purchase, hire, maintain, op. erate, or lease public utilities: To borrow money for the purpose of constructing, pur. chasing, hiring, maintaining, operating, or leasing local public utilities, including street railways, electric light lines, and equipment necessary for supplying the city and its in. habitants with transportation, illumination, power, water, ice, and gas for heating and illuminating, to mortgage the public utili- ties so constructed, purchased, hired, main. tained, operated; to issue promissory notes _ and certificates of indebtedness evidencing the existence of the indebtedness created . by the borrowing of said money-, to pledge and hypothecate the net revenue, after the payment of all operating expenses and fixed charges, including interest on the debt so created and all other debt created for the construction of such works, derived • from the operation of such public utilities so con- structed or purchased, including said net revenue derived from such street railway, electric light plant, telephone and telegraph system, and water, ice, and gas plants; to pledge such net revenue until the money so . borrowed shall have been fully repaid. Not. withstanding the foregoing, no tax shall A-13 95- - 83 APPENDIX B City of Miami Minority and Women Business Affairs and Procurement Program Article IV.S Sections 18-67 18-77 of the Code of the City of Miami 95- 83 1 1858 FINANCE 1 18-68 ARTICLE IV.5. MINORITY AND WOMEN BUSINESS AFFAIRS AND PROCUREMENT PROGRAM' Sec. 18.67. Short title. This article shall be known and may be cited as "The Minority and Women Business Affairs and Procurement Program Ordinance of the City of Miami." (Ord. No. 10062, § 1, 12-19-85) Sec. 1848. Definitions. For the purpose of this article, the following terms phrases, words, and their derivations shall have the following meanings: Affirmative j`irmative action plan shall include the pro- jected annual goals and the timetables which will be used to employ and/or procure with women and minorities a nondiscrimination policy state. ment and any other actions which will be used to ensure equity in employment and the utilization of minority and female -owned businesses. Business enterprise means any corporation, part- nership, individual, sole proprietorship, joint stock company, joint venture, professional association or any other legal entity that is properly licensed to do business with the city and/or county and/or the state. Contract means agreements for the procurement of goods, services, or construction of facilities for the city. *Editor's note —Ord. No. 10062, 4 8, adopted Dec.19,1985. repealed Ord. No. 9775, 11 1-8, adopted Jan. 19, 1984, codi. red as 1 18.72, concerning the minority procurement program. At the discretion of the editor, If 1-7 of Ord No. 10062 have been codified as art. IV.6, It 18-67-18-74. City code cross reference —Lease of city -awned property to require minority procurement clause,1240. County code cross reference-Prooedure to increase par. ticipation of Black vendors of commodities and services in county contracts,12.8.2. Supp. No. 32 Facilities means all totally or partially publicly financed projects including, but without limits. tion, unified development projects, municipal pub. lic works and municipal improvements to the ex- t�nt they are financed with city money, utilize city property, or require city services. Goal means the percentages of the annual dol- lar volume of procurement expenditures determined by this article to be offered for minority and women business participation. Goods and services include, without limitation, public works, improvements, facilities, professional services, commodities, supplies, materials and equipment. Joint venture shall mean an association of per- sons or legal entities with the intent to engage in and carry out a single business enterprise for profit. Minority and women -owned small business en- terprise means a business enterprise in which at least fifty-one (51) percent of said enterprise is owned by Blacks, Hispanics or women whose man- agement and daily business operations are con- trolled by one (1) or more. Blacks, Hispanics or women and who employ a maximum of twenty- five (26) employees or have a net worth not in excess of two million dollars ($2,000,000.00). Procurement expenditures shall mean a purchase, payment, distribution, loan or advance for the purpose of acquiring or providing goods and services. Set -aside is the term which will be used to des- ignate a given purchase or contract or a portion o a given purchase or contract award for Black, Hispanic and/or women -owned businesses. Set -asides may only be utilized where it is determined, prior to the invitation to bid or request for proposals, that there are a sufficient number of certified Black, Hispanic and/or women -owned businesses to afford effective competition for the purchase. Vendor means any business entity providing goods, services or equipment to the city through a purchase, field or blanket order or contract. (Ord. No. 10062, § 2, 12-19-85; Ord. No. 10638, § 1, 1.12-89) 95-- 83 1217 § 18.69 MIAMI CODE § 18.73 Sec. 18.69. Established; components. (a) A minority and women business affairs and procurement program for the city is hereby estab- lished. The city manager's office shall be held accountable for the full and forceful implementa- tion of the minority and women business affairs and procurement program by providing appropri. ate recommendations for action by the city com- mission. (b) For the purpose of assisting the city man- ager in the implementation of said program, a minority and women business affairs and procure- ment committee is hereby established, consisting of an appropriate number. of members, to be ap- pointed by the city manager, with full represen- tation of Hispanics, Blacks and women to be re- sponsible for monitoring the implementation of the program and making recommendations for achieving the requirements of this article. The committee shall be responsible for generating yearly progress reports to the city commission and the community at large. (c) The city manager shall, utilizing existing resources, create an office of minority and women business affairs and procurement; and shall pro- vide the appropriate staff and resources necessary for the performance of all such administrative duties; authorize and implement the administra- tive guidelines and procedures required; and en- sure compliance with the functions required to promote the achievement of the program's goals and objectives of increasing the volume of city procurement and contracts with Black, Hispanic and women -owned businesses. (Ord. No. 10062, § 3, 12.19-85)•- Croee reference —Department of general services adminis- tration to contain office of minority and women business af- fairs and procurement, § 2-263. Sec. 18-70. Duration of program. The minority and women business affairs and procurement program established herein shall be in effect only until such time as the effects of prior unwarranted discrimination against Blacks, Hispanics and women have been compensated for, at which time the goals and set -asides provided for herein shall no longer be observed. Such need shall be reviewed every two (2) years by the city Supp. No. 32 commission, upon the recommendation of the city manager. (Ord. No. 10062, § 7, 12.19-85) Sec. 18-71. Applicability. Except where federal or state law or regula. tions mandate to the contrary, the provisions of this article will be applicable to all city pre -bid, bid, contract or other agreements negotiated by the city. (Ord. No. 10062, § 6, 12-19-85) Sec. 18-72. Objectives; use of set -asides. (a) The objective of the city is to achieve.a. goal of awarding a minimum of fifty-one (51) percent of the total annual dollar volume of all procure- ment expenditures to Blacks, Hispanics and women - owned small business enterprises to be apportioned as follows: seventeen (17) percent to Blacks, sev. enteen (17) percent to Hispanics and seventeen (17) percent to women; such goal shall be applied to all city bids and contracts. (b) To further the goal of increasing the total annual volume of all procurement expenditures to minority and women -owned business enterprises, authority for a minority and womenowned business enterprise procurement set aside is hereby estab. lished for use by the city manager as he or she may deem advisable or necessary to increase the parti- cipation of Black, hispanic and women -owned busi- nesses in city procurement contracts. (Ord. No. 10062, § 4A.12-19-85; Ord. No.10538, § 2,1-12.89) Sec. 18-73. Required statements for solicita- tions or notices; required state• ments on contracts and awards. (A) It shall be mandatory for all city solicita- tions or notices inviting bids, proposals, quotes, letters of interest and/or qualifications, to contain . the approved requirements for M/WBE participa. tion and to have these requirements incorporated by reference, along with the inclusion of the ap- propriate compliance forms, into the resulting con- tracts and/or bid award documents. The city office of minority/women business affairs is to be con- sulted prior to the issuance of any such adver- tisements or solicitations for the purpose of de- termining the recommended goals or set -asides to be included, and again prior to the signing of 1218 95-- 83 b n § 18.73 FINANCE § 18.74 resulting contractsibid awards for the purpose of verifying compliance thereto. (B) It shall be mandatory for all city contracts and/or procurement award documents to contain the following: (1) A specific reference to the applicability of the minority and women business affairs and pro- curement program established by this article. (2) A provision stating the right of the city to terminate and cancel any contract or,contrac- tual agreement entered into, including elim. ination of the individual and/or business en- terprise from consideration and participation in future city contracts, on the basis of hav- ing submitted deliberate and willful, false or misleading information as to his, her or its status as a Black, Hispanic and/or women - owned business enterprise and/or the quan- tity and/or type of minority and women -owned business participation. (3) A requirement that each successful bidder or offeror agree to provide a sworn statement of compliance with the provisions of this article and its specific applicability to the purchase or contract award under consideration; such statement shall certify that the bidder or of- feror, during the course of time involved in the performance of the contract sought by such bidder or offeror, shall not discriminate against any business, employee or applicant for employment because of age, ethnicity, race, tweed, color, religion, sex, national origin, handi- cap or marital status. (4) A statement of the extent to which the busi- ness enterprise has as one (1) or more of its partners or principals persons who are Black, Hispanic or women, or is a joint venture com- prised of a nonminority and minority busi- ness and/or women -owned enterprise. (5) A requirement that each bidder, proposer, or vendor submit along with the bid or proposal an affirmative action plan (AAP). Any signif- icant equity participants, joint venture par- ticipants, subcontractors, suppliers or other Supp. No. 32 parties to the bid or proposal shall also be required to submit such plans. The objective of the city is to require that bidders, propos- ers, and vendors doing business with the city take certain actions designed to assure equi. table participation of Blacks, Hispanics and women in their hiring and promotion activi. ties. In view of this objective: (a) All city vendors and contractors shall im. plement specific affirmative action plans as approved by the director of the office M(WBE affairs and shall demonstrate a good faith effort to ensure equal employ- ment opportunities for Blacks, Hispanics and women on each purchase or contract. Vendors and contractors shall document these efforts fully and shall provide re- ports as may be required by the city. (b) Vendors and contractors shall permit ac. cess to their books, records and accounts by the office of M(WBE affairs -or her designee for the purpose of investigation to ascertain compliance with the forego- ing requirements. (c) In the event of vendors' or contractors' - noncompliance with the affirmative ac. tion requirements of this section, the city manager may suspend in whole or part, cancel or terminate the bid or contract award and/or impose other sanctions as may be determined to be appropriate. — (6) A provision specifying the requirements%for continued bidder or offeror eligibility includ. ing minority and female involvement. (Ord. No.10062, § 4B, 12-19-85; Ord. No. 10538, 3,1-12-89) Cross reference —Affirmative action division, 4 2.236.1. Sec. 18-74. Good -faith effort required. Bidders or offerors shall be required to demon- strate a reasonable and good faith effort to solicit and obtain the participation of qualified minority and women -owned businesses in all bid and pro- posal documents. (Ord. No. 10062, § 5, 12-19.85) 1219 95- 83 1,18.75 AQAMI CODE Sec. 18.76. Contractor's certificate of compe- tency. (a) For the purpose of this section, the follow- ing terms, phrases, words, and their derivations shall have the following meanings: (1) Business enterprise means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, professional association or any other legal entity. (2) Construction contract means agreements, for the erection, alteration, demolition, or repair of any public building or any other kind of public work or improvement. (3) Minority and women -owned business enterprise means a business enterprise in which at least My -one (51) percent of said enterprise is owned by Blacks, Hispanics or women whose man- agement and daily business operations are controlled by one (1) or more Blacks, Hispan- ics or women. (b) The owners of minority or women business enterprises submitting bids for construction con. tracts to be let by the city must be certified in the field for which the contract is to be let pursuant to chapter 489, Florida Statutes or Chapter 10, Code of Metropolitan Dade County in order to qualify for the minority or women preference on such contract. (Ord. No. 10332, 111, 2, 10-22.87) Editor's note -Sections 1 and 2 of nattameadatory Ord. No. 10332, adopted Oct. 22,1987, have been codified as 116-75 at the editor's discretion. Section 6 of the ordinance provides an effective date of January 1, 1989. Sec. 18.76. Administrative procedures. The departments of finance, public works and general services administration are authorized to establish the required administrative procedures to insure compliance with the provisions as set forth herein. The finance department is mandated to insti. tute payment procedures which will insure, in those instances in which the M/WBE bid or con- tract requirements result in contracts, subcontracts or joint ventures for M/WBEs, that compensation provided pursuant thereto shall be in the form of Supp. No. 32 4 18.78 a check made payable to the primary contractor, bidder or proposer, and (if appropriated jointly) to the minority/women business enterprise subcon- tractor or joint venture partner in an amount not to exceed the subcontracted or joint venture amount, based upon approved invoices submitted by the prime contractor, proposer or joint venture, to the city. In the event a dispute should arise as to the performance or payment of the primary contrac- tor or bidder/proposer or the M/WBE, under the terms and conditions of the city contract or pro- curement award document, compensation shall be withheld until such'time as the dispute is re- solved in accordance with the procedures set forth in this chapter for resolving such disputes. All administrative directors shall amend their existing policies and procedures or to create such new, ones as may, be required to insure and report on compliance with all aspects of this article. (Ord. No. 10538, 4 4, 1.12-89) Sec. 18.77. Designation of director as respon- sible official for bid requirements, guidelines, etc. The director of the office of minorityfwomen business affairs is designated as the official re- sponsible for establishing M/WBE - bid and con. traat/award requirements, creating and implement- ing compliance guidelines, monitoring compliance, resolving disputes, and reporting on all of the above to the city manager. (Ord. No. 10538, 15, 1.12.89) 1220 &4 95- 83 APPENDIX C Virginia Key Master Plan (selected excerpts) 95- 83 CITY OF MIAMI VIRGINIA KEY MASTER PLAN Xavier L. Suarez,` Mayor J. L. Plummer, Vice Mayor Joe Carollo, Commissioner Miller J. Dawkins, Commissioner Rosario Kennedy, Commissioner Cesar H. ®di'o, City Manager Walter L. Pierce, Assistant City Manager Prepared by the City of Miami Planning Department Sergio Rodriguez,. Director CD ,CTt Joseph W. McManus, Assistant Director Jack Luft, Chief of Urban Design OO Janet Gavarrete, Planner -in -Charge C4 June, 1987 OBJECTIVES It is the intent of the Master Plan for Virginia Key to: I. Give specific direction to an overall plan for land use that respects the broadest public purpose; II. Assure that use and development of the island is in harmony with public laws and natural conditions; III. Show how a strategy of joint public and private development can serve the recreational and educational needs of a diverse population; IV. Propose solutions to existing and anticipated deficiencies in infrastructure and maintenance; V. Produce a plan that can build public support for future recreation and educational facilities and programs, and the planned development of the island. .2 r Oo w a SUMMARY OF RECOMMENDATIONS The Virginia Key master plan proposes public policies for land use and land management, including development implementation and funding strategies. Major recommendations include: LAND USE ■ Environmentally sensitive areas including tidal flats,.mangrove tidal marshes, beach/dune systems, and coastal hardwood hammocks shall be undisturbed and undevel4e6'; restored when necessary, and protected from inappropriate public activity. ■ The open public beach area should remain as a public park for picnic and swimming use with limited concessions serving park users. ■ The former Virginia Key Beach park area should be privately developed for active public recreational uses and camping with an emphasis on natural resource based activities and open space. ■ Marine Stadium and the basin should remain dedicated to the staging of competitive marine sports events, concerts, and special event presentations, with continued emphasis on spectator viewing from boats. ■ The marine services area west of Marine Stadium should remain a boating services center, but reorganized functionally for more efficient boat• storage and parking, better orientation of retail services to the waterfront and with limitations on commercial growth due to limited parking space. il The northern point of the island (dredge spoil fill) should be utilized for active sports . and recreation/fitness facilities that could also serve as an international training center. A lodging facility should be developed to serve the facilities. ■ The spoil fill area north of the stadium basin should be reserved for an environmental interpretive center with limited public access for educational, environmental field studies. ■ "Shrimpers Lagoon" should be utilized primarily for water recreational activities (paddle boats, canoes, etc.) with controlled access and limited supply services for sport fishing/commercial fishing boats. ■ The Marine Stadium basin shoreline immediately southeast of the grandstands could accomodate retail food services, setback from the water and preserving public access to the shore. C° 3 ■I Major competitive marine events at the Marine Stadium should better utilize an improved and enhanced basin shoreline (its full length) for spectator viewing. ® The marine sciences park dedicated by Dade County should remain a resource for expansion for governmental and educational research facilities. ■ Private marine recreational clubs should be allowed but confined to the Stadium basin's southeast corner. LAND MANAGEMENT a The former dump site/land fill should not be developed or open to public use until hazardous land subsidence and methane gas generation can be confined to safe levels. ■ Public utilization of parking for the Marine Stadium, Planet Ocean and Seaquarium facilities should be managed jointly for large events, and interconnected with a tram system. PUBLIC ROADS AND U TILITIES ■ The Marine Stadium should be ■ The public access road serving the privately managed and promoted in beachfront recreation areas and the coordination with Planet Ocean and treatment plant should be rebuilt and the Seaquarium. realigned to improve safety, reduce beach area access conflicts, permit ■ Development and management of the westerly expansion of public park former Virginia Key Beach site and parking lots, and improve access to the island's north point should be the north point of the island. through private means defined and ■ The controlled by the City's Unified service road along the perimeter Development Process. of the stadium basin should be removed from the southern shoreline ■ Commercial uses should be water with vehicular access to the northern �.D related or dependent and confined to rim from the public beach access ,CJC the waters edge to promote and road. enhance the public's use and enjoyment of the waterfront. ■ Truck access to the sewage treatment plant should be diverted to a new. ■ Private recreational club leases road on the western perimeter of the should require active public outreach former dump site to reduce conflicts programs designed to open with beach traffic. recreational opportunities to the ■ Water general public, especially the and sewer facilities should be disadvantaged, handicapped, elderly, extended from Rickenbacker Causeway and youth of the region. to the north point of the island. l I ■ The sewage treatment plant should implement point source odor control measures within three years. IMPLEMENTATION AND FUNDING ■ Development of recreational facilities, with the exception of the existing public beach park, should be through joint public /private means defined and controlled by the City's Unified Development Process. ■ A special Virginia Key enterprise fund should be established to receive all revenues generated from leaseholds, concessions, special use permits, and user fees. ■ The Virginia Key enterprise fund should finance required public infrastructure, maintenance, environmental enhancement, recreation and educational programs. 00 I 4 5 G� I� I BACKGROUND GEOLOGIC HISTORY Virginia Key is part of the chain of islands that begins with Miami Beach and extends southerly past Key Biscayne and Biscayne National Park to the Florida Keys. Originally; it is thought, the island was part of the Miami Beach/Key Biscayne land mass. Hurricanes over the past few centuries have opened the Bear Cut and Norris Cut channels that now sever it from adjoining Fisher Island and Key Biscayne. In the past 100 years; the combined actions of storm surges and land fill/shoreline development activity have significantly altered the islandts size and .shape. The limestone ridge that forms many of the islands in the Florida Keys is submerged at this location. Virginia Key and Key Biscayne are unique because they are formed of quartz sand cut from the sea floor by wave action and by deposits from southward moving currents. As a young; recently emerged island built from sand deposits, it is a mobile structure at the mercy of massive natural forces that are changing it constantly. a b 0 lwll-�� BARRIER ISLANDS IN 1914 VIRGINIA KEY IN 1955 VIRGINIA KEY IN 1987 SOURCE: Biscayne Bay Aquatic Preserve Plan, 1986. 6 r, I ENVIRONMENTAL CONDITIONS The accompanying exhibit Environmental Conditions, identifies the numerous vegetative communities, natural and altered shoreline conditions, and developed areas on the island. Coastal Hammock - Just behind the dune line on the extreme eastern shore exists a coastal hardwood hammock. Although invaded by such exotics as Australian Pine and Brazilian Pepper, numerous extremely large Seagrape trees exist. The area is in a trough and is slowly filling in with windblown sands. LIN Mangrove/Tidal Marsh - Red,, Black and White mangrove populate the majority of undisturbed shorelines. The largest concentration exists between the marine stadium -basin and the sewage treatment; plant and covers over 120 -acres of tidal marshlands.• These"tplant species.. ;,are protected by.'state and local law in recognition of their productive role, as -habitat for numerous forms .of marine life and in stabilizing shorelines.*' -.VBd Coastal hammock looking south toward Bear Cut Mangrove tidal marsh looking Wert gi IV °. .. "p �� \0aiq ti- C � •1:� � ,\ � � � _ �L � ate.... .) •° y-. I Australian Pine Community - The most prevalent plant colonization on the island is the Australian Pine or Casuarina. This exotic pest tree has invaded virtually all areas but especially the disturbed fill areas with saline soils. Meadow - Open areas of low native grasses cover 55 acres of the former Virginia Key beach park along the southeastern shoreline. Sludge fill - Areas immediately west and south of the sewage treatment plant have sludge mixed with fill material deposited on site. Ground water permeates this soil resulting in a thick liquid that creates unstable soil conditions and potential subsidence. Dredge fill - The northernmost point of the key-, adjacent to the treatment plant, and the Rickenbacker Causeway area including the Seaquarium and the co perimeter of the Marine Stadium CTT are constituted of dredge spoil fill material. Free of organic or decomposable material, spoil material is primarily a clean, well drained limestone that is 00 the most stable soil on the W island. Coastal Beach - Longshore sediments (sand) carried southward along the Atlantic coast have built up beaches along the east and southern shores where tidal currents pass through Bear Cut. Uncontrolled Land Fill - A 112 acre area south of the sewage treatment plant was excavated for fill to build a base for the treatment plant construction. Subsequently, the excavation was filled in with trash, incinerator ash, plant trimmings and sludge. The dump site was closed in 1978 and capped and graded with two feet of clean soil. Brackish Ponds - Several small excavations remain from an aborted effort to construct a golf course just west of the former Virginia Key beach area. These ponds have been colonized by a fringe of mangrove. Biscayne Bay/Atlantic Ocean - Deeper waters (6+ feet) exist as channels for tidal flows through Norris and Bear Cuts, and within the Marine Stadium basin. Tidal Flats - Shallow waters form a shelf (-6 feet) extending east and west of the island. It is within these areas that benthic communities of sea grasses, fish and invertebrates flourish. The grasses 8 contribute to the accumulation of new sand deposits and thus help stabilize shoreline conditions. Developed Land - Approximately 250 acres or 25% of the island has been developed for commercial activities, public facilities and utilities. 'il EXISTING LAND USE Virginia Key has approximately 1,005 acres of land area. The 'public use of the island and those areas which remain in a natural or undeveloped state, is displayed on the accompanying exhibit, Existing Land Use. Undeveloped Open Space - There are 150 undeveloped acres consisting primarily of mangrove tidal marshes and another 120 acres of reclaimed former land fill area which remain barren. Public Recreation Space (closed to public use) - The. former Virginia Key beach area, 70+ acres of land immediately north of Rickenbacker Causeway along Bear Cut, remains closed to public use except for special events. An eroding beach, Qp dangerous currents near shore and a lack of park staff to supervise the area has necessitated the closure. Concerts are periodically scheduled for large groups. Public Recreation Space (open to public use) - The easternmost shore of the island and the abutting coastal hardwood hammock was opened in June of 1986 as a 60 4cre City park. Limited concessions, parking lots and lifeguard towers have been added to facilitate public use. Public Beach (open) - The new park with 5000 feet of beachfront (see above) and the causeway right-of- way bordering 4500 feet,along the bay are active; and heavily used public water sports recreation areas. Swimming, wind -surfing, sailing, and snorkeling area part of the daily activities drawing thousands of enthusiasts. Public Beach (closed) - As stated above, the hazardous swimming conditions along the 3000 feet of the former Virginia Key Beach and the lack of funds to staff and maintain the area has required its closure. 9 Closed public beach and park (left) and newly opened city park and beach oq nm nm % EXISTINPR[ 7 moo flacill A.:Tl:ok 040," PUBLIC BRACH 6PIN'- PUBLIC BRACH -.0LOSED ORROOR FILL ARIA $$WADI TRIATMINT PLANT PRIVATE MARINI RICRIATION PUBLIC MARINI EXPOSITION' PUBLIC MARINI 12AVIttil INITIT11TIONAL MARINI RIMARON COMMINCIAL MARINI NXPO$Mdm COMMRRCIAL IRRVIC18 COMMUNICATIONS PARKING ROADWAY I TRANIPORTATION V-1 R G Ul m A S T E. M. b t 118.52.9 FINANCE 4 1853 6) Award All contracts for unified development projects shall be awarded to the person whose proposal is most advantageous to the city, as de. termined by the commission. The commission may accept any recommenda- tion of the city manager by an affirmative vote of a majority of its members. In the event the com- mission does not accept a proposal recommended by the city manager or does not reject all propos- als, the commission shall seek recommendations directly from the aforementioned review commit. tee, which shall make a recommendation or rec- ommendations to the commission taking into ac- count the report of the aforementioned certified public accounting firm and the evaluation criteria specified for the review committee in the request for proposals. After receiving the direct recommendations of the review committee, the commission shall, by an affirmative vote of a majority of its members: (1) Accept any recommendation of the review com- mittee; or (2) Accept any previous recommendation of the city manager, or (3) Reject all proposals. All contracts for unified development projects shall be signed by the city manager or his desig. nee after approval thereof as to form and correct. ness by the city attorney and approval by the city commission. (Ord. No. 9572, $ 1, 2-10-83) City code cross reference —Minority participation in uni. fied development contracts, 1 18.73. Sec. •18.83. Types of contracts. (a) Subject to the limitations of this section, any type of contract which will promote the best interests of the city may be used, except that the use of a cost-plus contract is prohibited. (1) Fixed•prioe contrudi Fixedinice contracts shall ordinarily be used for those purchases of goods and services or sales and leases where the terms, conditions, specifications and other fac- tors of the contract can be specified with a high degree of certainty and where use of a fixed -price contract will result in substantial competition between bidders or offerors will- ing to compete for the contract. Incentives Supp. No.10 based on various performance factors and es. calation clauses or other economic adjustments may be included as appropriate to serve the best interests of the city in achieving the most economical contract performance. (2) Cost -reimbursement contracts. Cost -reim- bursement contracts shall ordinarily be used for those purchases of goods and services or sales and leases where the terms, conditions, specifications and other factors of the contract cannot be specified with a high degree of cer. tainty or the use of fixed -price contracts is not likely to result in substantial competi. tion between bidders or offerors willing to compete for the contract. Incentives based on various performance factors and escalation clauses or other economic adjustments may be included as appropriate to serve the best interests of the city in achieving the most economical contract performance. (3) Blanket orders. The chief procurement officer or individual purchasing agents may issue purchase orders for indeterminate amounts of repair parts, supplies and services to the account of any department or office, but only when based upon a definite contract or price agreement which shall be negotiated in the same manner as if the item to be purchased thereunder were to be individually purchased or contracted for under the provisions of arti. cles IV and V of this Code. Such orders shall state a specific monetary limit which may not be exceeded except on written approval by the chief procurement officer. (4) Multiyear cond^acts. 1211 (i) Unless otherwise provided by law, a con- tract for supplies or services, sales, or leases may be entered into for any period of time deemed to be in the best interests of the city, provided that the term of the contract and conditions for renewal or extension, if any, are included in the in- vitation for bids or request for proposals, and provided that.funds are available for the first fiscal period at the time of con- tract award. Payment and performance obligations for succeeding fiscal periods shall be subject to the availability and 95- 83 Dredge Fill area - The 84 acre area north of the treatment plant functions as a disposal area for dredge spoil material from the Port of Miami channel maintenance operations. Periodically, the limerock dredge material is sold as fill to the private construction industry. Sewage Treatment Plant - One of three serving metropolitan Dade County, the Central Wastewater Treatment Plant on Virginia Key covers 115 acres. A 72 inch force main extending to the northwest under Biscayne Bay connects to the mainland. The plant generates sludge which is digested for the North plant as well, dewatered and dried on open beds. Disposal of the sludge has been a continuing issue for the treatment plant which generates over 50 tons each day. Heavy truck traffic serves the plant and shares the treatment plant access road with the newly opened beachfront park. Dade County maintains the road. Private Marine Recreation - The Miami Rowing Club, located between Marine Stadium and Planet Ocean, Cp is a private club devoted to the teaching, training and staging of competitive rowing events. A club -house, storage area and pool/picnic area comprise the facilities on the .75 acre site. OO W Dredge fill area (left) and treatment plant Public Marine Exposition - Planet Ocean - Founded by the ntei^national Oceanographic Foundation and now a part of the University of Miami, Planet Ocean is the world's largest marine science exposition attraction. The facility contains over 60,000 square feet of floor area and 258 parking spaces. Commercial Marine Exposition - The Miami Seaquarium is a privately owned entertainment complex that covers a 60 acre site. Specialty shows featuring performing marine mammals and exhibits of marine life provide a major tourism attraction for the region. The land is leased from Dade County. 0 11 Public Marine Services - A 20 acre recreational boating service area, northwest of Marine Stadium, provides 650 dry boat storage spaces, 182 wet slips, boat rentals, retail supplies, minor repairs, a boat ramp, boat launching and restaurant services. A boat fuel facility is planned. Unorganized growth in the area has created access, circulation, and parking problems. Inefficient use of land for boat storage has preempted needed parking and space for staging racing events. Commercial Services - Retail services on the island are limited to: restaurants, including Horatio's, the Rusty Pelican and the Sandbar, all within the vicinity of Marine Stadium; temporary vendor concessions along the public 'recreational beaches; and a bait & supplies stand in "Shrimpers Lagoon" east of the treatment plant. Institutional Marine Research - Dade County has reserved 65 acres northeast of the Seaquarium for a marine research park. Present institutions represented with facilities include the University of Miami Rosenstiel School of Marine and Atmospheric Science, the National Oceanographic and Atmospheric Administration (NOAA), and the Southeast Marine Fisheries Center (division of NOAA in the U.S. Department of Commerce). k4srine services and restaurants Marine research park (upper left) and Seaquarlum Majority of parking is near Marine Stadium 3M mile distance separate$ Marine Stadium and Seaquarlum parking areas The new high level bridge and causeway widening has eased traffic problems Parking - Approximately 4,130 parking spaces are provided for all uses (excluding the treatment plant) on the island. A summary of parking by use is listed below: W Parking Location Amount NOAA Laboratories 300 1 '1 U of M Rosensteil School 280 Planet Ocean 258 Miami Sequarium 917 00 Marine Stadium 925 Rickenbacker Causeway (beach area) 400 City Park on Virginia Key Beach 350 Restaurants/marine services area 650 Southeast Marine Fisheries 50 13 ' .r•.:•:•��-.*'1.� -stA1(4;.i t.`a,'•_ --- — Roadway and Transportation Rickenbacker Causeway is the only vehicular access to Virginia Key and Key Biscayne. In 1986 the causeway was widened to six lanes and a new high level fixed span five lane bridge constructed over the intracoastal waterway. The causeway and bridge improvement is designed to accomodate projected traffic demands from Virginia Key and Key Biscayne through the year 2005. The three lanes westbound (critical movement) have a peak hour capacity of 3600 vehicles. The causeway improvement also includes extensive landscaping, controlled vending areas, a bike path, and designated parking areas that have enhanced the causeways extensive use as a waterfront recreation area with 4500 feet of beaches. Overflow parking from special events at Marine Stadium is no longer allowed on the causeway in order to protect landscaped areas. Public transportation services to the island consist of Metrobus service at 40-60 minute intervals with connections to the Vizcaya Metrorail station. Communications - WKAT radio leases a 2.2 acre site south of the treatment plant for a transmitting tower (spread of tower guy wires covers a 15 acre site). PROPOSED LAND USE The following policy recommendations, as depicted on the accompanying Proposed Land Use map, characterize the general public purpose that each recommended land use fulfills. While each policy addresses specific use options, there should be flexibility in the future in choosing which activities or site designs best meet policy objectives. Unlike previous studies for Virginia Key, the details of design and site development are left to subsequent implementation efforts. PUBILIC OPEN SPACE / RECREATION Four areas constitute the public open space/recreation program proposed for the island: 1) FORMER VIRGINIA KEY BEACH Immediately east of the marine institutional research park, this 77 acre tract is Virginia Keyts best opportunity for development of an active natural resource based recreation area. The entire area should be privately developed and operated under one ' unified program of planning, design, construction, leasing and management. Examples of pp suitable activity include water theme parks (with visual emphasis on . landscaping), equestrian parks, campgrounds, group picnic facilities, and large open areas suitable for event and concert programming. Combinations of these and similar activities would be desirable but would require a master site development plan for the entire area prior to implementation of any one component. Active public use of the area will inevitably lead to public use of the water's edge, including swimming. This is as it should be. But it will be necessary to provide a flotation barrier off -shore to separate and protect swimmers from dangerous channel currents. The only alternative is to erect an elaborate shoreline barrier to deny public use of the water which this stuVy considers impractical, visually Former Virginia Key Beech Perk is beat opportunity for active recreation and camping. Swift currents in Bear Cut require safety flotation barriers for beaches. undesirable and likely ineffective. In addition, the shoreline needs stabilization through dune restoration and beach renourishment. Vehicular access to the area would be confined to the existing treatment plant access road (no access through the marine research park) at a point indicated on the Proposed_L_a_nd Use map. 2) EXISTING CITY PARK/BEACH Presently in use as a public park and swimming beach, the area consists of a beach, modified by groins installed by the Corps of Engineers, and a hardwood hammock immediately upland. The northern reach of the beaehfront is separated from "Shrimpers Lagoon" to the west by mangroves. Due to the environmental sensitivity of these eco-systems, the area should remain as a natural resource based city park devoted to picnicking, swimming, and passive recreation. Three improvements are, however, needed: A - environmental enhancement, including renourishment of the beach, re-establishment of the dune system, removal of exotic plants and replanting of native West Indian hardwoods within the hammock, and mangrove Former park swimming beach needs dune restoration. Beach renourishment and hammock restoration i ddf Ci k 00 s nee a or new ty par . C19 S f h } _. i�L. � '�iY is Y3.rR• t �f � t',.;�i..X+ r4Y'.^. ( J r ! � \ � ``� � \t r�� ( /l ids �' '„��.c••'}T� �T 4 � �• { �, ur .ih planting along the west shore of the lagoon inlet channel; B - expanded parking facilities that would require a westerly relocation of the existing treatment plant access road (see Proposed Land Use map) and-_ ----tie expansion of existing parking lots into the vacated roadbed; C - concessions serving park visitors including food and beverage vendors (portable stands) near the beach (see map), an open decked area with a food concession at the extreme northerly point of the beach, and a rental concession at the edge of the lagoon for paddle boats, canoes, and windsurfers. 3) NORRIS CUT FILL SITE The northern point of the island remains today a 70 acre barren area of bay bottom dredge deposits that is also the most C� developable of the island's ocean frontages. By grading the mounds of spoil deposits to a level above flood criteria (10 to 12 feet above mean high water) there is the potential to 00 develop permanent recreation and athletic• facilities that could not be built elsewhere on the island and for which space Road relocation to the west will make room for expanded parking. Norris Cut fill site is well suited to development, APPENDIX D Coastal Construction Regulations Chapter 16B-33, Florida Statutes Rules and Procedures (Selected Excerpts) 35- 83 16B-33.007 Structural and Other Requirements Necessary for Permit Approval. The following requirements must be met before a permit is approved by the Governor and Cabinet, the Executive Director, or the Division Director: (1) The proposed structure or other•aotivity shall be located • sufficient distance landward of the beach -dune system to permit natural shoreline fluctuations and to preserve floe dune stability and natural recovery following storm induced erosion. Where a seawall or other coastal or shore protection structure exists. proposed major structures shall be located a sufficient distance landward of the coastal or shore protection structure to allow for future maintenance or repair of the coastal or shore protection structure and seawall or bulkhead tie -backs. Although fishing piers shall be exempt from this provision. their foundation piles should be located so as to allow for the maintenance and repair of any coastal or shore protection structure that may be Intersected. (2) All structures shall lie designed so as to minimize any expected adverse impact on the beaeh-dune system or adjacent properties and structures and shall he designed consistent with Section 16B-33.005. Florida Administrative Code. (3) Habitable major structures which extend wholly or partially seaward of the coastal construction control line or 50-foot setback shall be designed to resist the predicted forces associated with a one -hundred -year storm event. Assistance for determining design parameters and for minimizing adverse Impact may be round in the latest editions of such documents as the Shore Protection Manual, U.F. Army Coasts) Engineering Research Center; Department of the Army Coastal Engineering Research Center Technical Papers end Reports; and Division Technical and Design Memoranda. (4) Major strisetureF shall conform to the following requirements: (a) Habitable major structures shall be designed In accordance with the minimum building code adopted for the area pursuant to sections 553.70 - 553:895, Florida Statutes. The Florida Buitdinr Codes Act. In the event of conflict between the requiremento of thin Chapter and the above building codes or other state or federal Iowa. the requirements resulting in the warp restrictive design for wind, wave. hydrostatic and hydrodynamic loads and erosion conditions shell apply. (c) All habitable major structures shill be elevated on. and securely anchored to. on adequate pile foundation In such a manner so to locate the building support structure above the design breaking wive crests or wave uprush as superimposed on the storm surge with dynamic wave setup of a one -hundred -year storm. The storm surge with dynamic wave setup of a one-hundred-yeer storm shall he the elevation determined by the Department of Natural Resources study performed for the establishment of the coastal construction control line. This elevation is subject to review and revision by the Department of Natural Resources. If on elevation has not been determined by s coastal construction control line study, the elevation for the storm surge bf a one -hundred -year storm she)) tie the higher of either the federal bone flood elevation for the specific area as recommended by the Federal Emergency Management Agency, or the Notional Oceanic and Atmospheric Administration. The Bureau will evoluste the applicant's proposed structural elevation hosed upon evailable scientific and coastal engineering date and will advise the applicant of the specific elevation requirement for the site. Additions to existing nonconforming habitable major structures may be considered by the Bureau for a waiver of these elevation or foundation requirements, provided that the addition does not edvence the seaward limits of construction at the site. Staff evaluation in such cases will be based on engineering data, site elevations. any Impact on *the beach nrsd dune ovatem. and design life of the structure. (d) Pile foundations for habitable major strurtnree shall he designed to withstand all reasonable anticipated erosion, scour. and loads resulting from a one -hundred -veer storm Including at least wind. wave, hydrostatic, and hydrodynamic forces acting simultaneously with typical struclnrol (live and dead) loads. All major habitable structures should he anchored to their pile foundation in such a manner oa to prevent floslntinn. collapse or (1Q lateral displacement. 9 5 Q 3 (e) The elevation of the Boll surface to he used in the calculation of pile reactions and hearing capacities for habitable major alrt►ctures aliali not he greater than that which would resull from the reaannat►le anticipated beach and dune erosion due to the one. -hundred -year storm event or of a number of storm events having aft ogtuivalent cumulative probability of occurrence. Calculation of the design grade should account for localized acc►ur due to the presence of structural components. Eroaluti computations for fnundalion-design should account for all vertical and lateral erosion and scour producing forces. design ratio of pile spacing to pile diameter is not recommended to he less than 8:1 for Individual piles; however, this would not apply to pile clusters located below the design grade. Pile caps should be set below the dealgtt grade (which Includes localized scour). Tito plies should he driven to.a penetration which achieves adequate hearing capacity taking into consideration the anticipated loss of Boil above the design grade. In addition to normal foundation analysis. pile foundation analysis should consider piles in column action from the bottom of the supported structure to the design grade. Consideration should also he given to the degree of exposure to wave attack and the resulting Impact loads on lateral or diagonal bracing between piles. (f) No substantial walls or partitions shall'be constructed below the level of the first finished floor of habitable major structures and seaward of the coastal construction control line or SO -fool setback. This does not preclude. subject to Departmen4 permit and applicable federal. county, and municipal rt•gulations. the construction of: 1. Stairways; 2. Shitarwalle perpendicular to the shoreline; 3. Shearwalls parallel to the shoreline. which are limited to a maximum of twenty percent of the building length; 4. Wind or sand screens constructed of fiber or wire mesh; S. Light. open lattice partitions with individual. wooden lattice strips not greater than 314 inch thick and 9 inches wide; 6. Elevator shaftst T. Small mechanical and electrical equipment rooms; 6. Break -away or frangible walls. (g) Structural design shall consider all design wave forces. habitable major structures shall be designed in consideration of a one -hundred -year storm event. Calculation• for "eve forces on building foundations and building superstructures may be based on minimum criteria and methods given in professionally recognized documents. accepted by the Bureau. Acceptable criteria and methods may be found in the Department of Navy. Naval Facilities Engineering Command Design Manual NAVFAC DM-26. the Department of the Army Corps of Engineers' Shore Protection Manuel, Department of the Army Coastal Engineering Research Center Technical Papers and Reports. or Division of Beaches and Shores' Technical and )resign Memoranda, and other professionally recognized documents accepted by the Bureau. Breaking. broken, and nonhresking waves shall be considered as applicable. Design wave loading analysis shall consider vertical uplift pressures and ail lateral pressures to include impact. as well as. dynamic loading and the harmonic intensification resulting from repetitive waves. (h) Structural design shall consider all applicable hydrostatic loads. habitable major structures shol) he designed in consideration of the hydrostatic loads which would be expected tinder the conditions of maximum inundation associated with a one -hundred -year storm event. Calculations for hydrostatic loads shell consider the maximum water pressure resulting from a fully - peaked. breaking wave auperimpoaed on the design storm surge with dynamic wave setup. Both free and confined hydrostatic loads shall be considered. Hydrostatic loads which are confined shall be determined using the maximum elevation to which the confined water would freely rise If unconfined. Vertical hydrostatic loads shall be considered as forces acting both vertically downward and upward on horizontal or inclined surfaces of major structures (e.g.. floors, slabs, roofs. walls). Lateral htidrostatic loads shall he considered as forces acting horizontally above and below grade on vertical or Inclined surfaces of major structures and coastal or shore protection structures. Hydrostatic loads on Irregular or curving geometric surfaces may he determined In consideration of separate vertical 11 95- 83 and horizontal components setittf; eimui(nner.valv under the distribution of the hydrostatic pressures. (1) Structural design shall consider ail nppllestile hydrodynamic loads. Habitable major struclures mhall he dr.etgned in consideration of the hydrodynamic loads which would he expected under the conditions of .a one -hundred -year storm evert. Calculations for hydrodynamic lends al►all consider the maximum water pressures resulting from the motion of th^ water mass associated with a one-hundred-venr storm event. Full intensity loading shall be applied on ail strue tarn) surfaces above the design grade which would effect the flow velocities. (i) Fishing piers or ocean piers constructed for scientific purpomen need not be designed for the conditions associated with a one -hundred -year storm event. New piers or the extension of existing piers shall be designed for the minimum erosion, scour. and loads accompanying a 20-year storm event. Pier decking and rails may he designed to be expendable. Design guldence may be provided by the Bureau for the conditions expected at the specific mite. Habitable or covered facilities constructed on the pier shell be designed for the minimum wind loads am set forth In this Chapter. Pile foundation design shell not obstruct the longshore sediment transport and shall be designed to minimize any Impact to the shoreline or coastal processes. Because of the critical need for shoreline and littoral monitoring date, All permitted piers are encouraged to include limited space for the Installation of a tide or wave recording Instrument. (k) Pipelines or ocean outfslle crossing the beach need not he designed for the conditions associated with a one -hundred -year storm event. New pipelines and ocean outfelia crossing the beach and littoral zone or the extension of existing pipelines or ocean outtells shall be designed for the minimum eroa)nn. scour. and loads accompanying a 20-yeer storm event. Design iruldence may be provided by the Bureau for the conditions expected at the specific site. Pipelines or ocean outfails shell he constructed below grade across the beach and littoral zone and shall not be designed to adversely effect the beach or coastal processes at the site. (1) Swimming pools, wading pools. and water retention structures are considered expendable structures and need not be designed for the erosion, scour, and loads accompanying a one -hundred -year storm event. Because of the expendable nature of these structures, pools Should be sited so that their failure does not adversely affect an adjoining major structure or coastal protection structure. If due to limited site availability the pool needs to be located In close proximity to any existing major structure or coastal protection structure. the pool shall he designed with an bdequate pile foundation for the erosion and scour conditions of a one -hundred -year storm event. A pool need not be designed with an adequate pile foundation If its anticipated failure would not jeopardize a mnjor structure constructed on an'adequate pile foundation. All pools Shall he designed to minimize any permanent txcnvatlon seaward of th• coastal construction control line. There shall not he any net lose of material from the Immediate area of the pool and the pool shall generally be elevated either partially or totally above original grade to minimize excavation. (m) All other nonhabitable major structures need not be designed for the erosion. scour, and loads associated with a one -hundred -year storm event; however. they shell he designed to minimise the impact resulting from their structural failure. W The Department may'requlre additional design or structural standards as indicated by site specific factors or conditions. (o) The applicant shall furnish the Department with certification by a professional engineer or architect registered In the State of Florida that the design plans and specifications submitted as part of the permit application are in compliance with the standards established in this section. (5) Minor structures need not meet specific structural requirements for wind and wave forces, but they shall he designed to produce the minimutq adverse impact on the h4eeh and dune system and adjacent properties and to reduce the potential for generating aerodynamically or hydrodynamJeml ly-prnp.11#!d misallea. 14 95- 83 (6) Coastal or shore protect Ion structures which extend wholly or partially seaward of the control line or 50-foot sett►ack shell I.e designed for Ihe•predIcIed nattire I forces and conditions consistent with the proposed usage and design life of the structure% (a) All flexible coselal or shore protection structures shall lac compatible with the existing coastal environment. (h) Design considerations for rigid coastal and shore protection structures shall include -structural siting, foundation (e.g., geutexti!cR), crest (or cafe) elevation, toe elevation, structural alope(e), componenle as impacted by waves superimposed upon the design storm surge, expected scour, and impact on the teeach and dune system and the adjacent properties and other site specific considerations. Coastal and shore protection structures should be designed for the minimum wave loads which are applicable for the design storm conditions which justify the structures. Wave and runoff Induced seepage In fill behind rigid coastal protection structures should be considered to avoid partial or complete failure due to piping of fill 'material under the structures. Seawalls, revetments, and rubble mound structures are generally designed for a 20 to 50-year storm event. Design procedures are available in the latest editions of the Department of the Army Corps of Engineers' Shore Protection Manuel; the Department of the Army Coastal Engineering Research Center Technical Papers and Reportat the Department of the Navy, Naval Facilities Engineering Cominand Design Manual NAVFAC MI-26 and Naval Facilities Engineering Command Design Manual NAVFAC DM-7; Department of Natural Resources. Divislon•of Reaches and Shores' Technical and Design Memoranda; and other professionally recognised guidelines. as accepted by the Bureau. (c) The applicant shall provide the Department with certification by a professional engineer registered in the State of Florida that the design plans and specifications submitted as part of the permit application for rigid ccastel or shore protection structures are in compliance with the standards established In this Chaplef. (7) The necessity for activities seaward of the control line or setback line shall be stated and clearly justified by the applicant In accordance with the requirements of this chapter. In analysing the information submitted by the appplicant, the Department shall consider the following types oT Information and concerns: (a) The purpose of construction or excavation; (b) The relationship between the use of the proposed construction or excavation and the use of existing structures: (c) The location of the applicant's property in relation to the location of the coastal construction control line or 50-foot setback; (d) The location of existing structures on the applicant's property in relation to the location of the coastal construction control line or 50-foot setback; (e) County and municipal zoning regulations applicable to both the applicant's property and its use and other properties in the general area which are more stringent then the Department's requirements for the purposes of Chapter 161. Florida Statutes; (f) Existing county and municipal governmental ordinances and regulations prescribing setback limitations applicable to existing structures which are more stringent than the Department's requirements; (g) The topography of the applicant's property; (h) The location of structures in the area of the applicant's property that have established a reasonably continuous and uniform line of construction closer to the line of mean high water than the established control line on a map or pictoral diagram or representation. if the permit is requested under the provisions of Paragraphs 161.053(5)(b) or 161.052(2)(b). Florida Statutes: (1) Any alternatives to the proposed construction or excavation available to the applicant: and (1) Any other site -specific considerations. Specific Authority 370.02)(1) FN. Law Implemented 161.053, 161.052(2) FS. History - Npw 11-18-80; Formerly 16B-33.07: Amended 3-17-85. 11-10-85. 15 95-- 83 Ibb-3:1.002(561 (Repea)ed 5-12-92) 160-33.004 Exemptions from Permit Requirements (1) Any structure under construction ptlor to the establishment of a coastal construction control line In a particular county is exempt from the provisions of Section 161•.053, Florida Statutes, and this Chapter, except as noted In Subsection 161.053(12), Florida Statutes. (a) "Under construction" is the ongoing physical activity at the time of consideration of the exemption referenced in Subsection 161.u53(9), F.S. of placing the foundation of, or continuation of construction above the foundation of, any structure seaward of the established coastal construction control line or the set back line. (b) A pile -supported structure shall be deemed "under construction" when the process of placing the permanent pile members for the foundation has begun. Driving of test piles and temporary placement of piles in preparation for driving shall not quality a structure as "under construction." For concrete f0oter, base, slab or grade beam supported structures, a structure will be deemed "under conctruction" when the process of placing concrete for the foundation has begun. For roads, parking lots, driveways, walkways or similar paved structures, the structure will be considered "under construction" when placement of the base course, if used, or surface course has been started. (c) An exemption may be granted by the Department for a particular structure upon receipt and consideration of the following: 1. A copy of all required local government permits authorizing the structure, and 2. A full act of building plans for the structure approved by the local government in conjunction with the building permit, and 3. Documentation, including incal building inspectors construction reports, construction contracts or other Information, substantiating that a bona fide construction process, which appears will be continuous in nature, has started. (d) Exemptions granted under this subsection shall only apply to those individual structures or parts of such structures_ which are determined to be under construction and are also described in both the local permit and tioe building plans. only those structures which are under construction as defined in this section may be exempted. Other proposed structures shown on site plans, building permits, planned unit developments or similar documents are not exempt. Any subsequent construction activity In addition to that so described and exempted shall require a permit, unless attempted under other provisions of this rule. (a) Property owners may request a determination of exemption status within the period starting with the data of the first Public hearing on reestablishing the coastal construction control line held within the respective county and ending with the establishment of the coastal construction control line. The effective date of an exemption granted under this Section shall be the date the coastal construction control line is established. Specific Authority 370.021(1) FS. 1-aw Implemented 161.053(1), (7), (10) 161.052(3), (6) FS. 111story-Now 11-16-80. Amended 3-17-65, 11-10-85. Formerly 166-33.04. Amended 5-12-92. 16B-33.007 Structural and other Requirements Necessary for Permit Approval. (41(b) All major structures shall be designed in accordance with Section 6, American stational Standards/haerican Society of Civil Engineering 7-06 (July 1990) "Minimum Design Loads for Buildings and Other Structures", which is adopted herein by reference; except that for major habitable structures the minimum basic wind spood shall be Ila miles per hour (mph) (115 mph in the Florida Keys) unless a higher velocity is required, and all major structures shall be designed so that the structure art its components do not became airborne missiles. An engineer or an architect registered in the State of Florida shall provide separate certifications that the main wind -force resisting system has been designed in accordance with this standard, and that the components and cladding have been selected and their use incorporated into the design and specifications to withstand the wind loads determined in accordance with this standard. Specific Authority 370.021(1), Florida .tatutes. law Implemented 161.053, 161.052(2), Florida Statutes. history - New 11-18-80; Amended 3-17-05, 11-10-05. Formerly 16b-33.07; Amended 5-12-92. a5- 83 EXHIBIT I. SKETCH OF SURVEY 95- 83 MRIEIMJ WPM LED& SESCRIPtl011 AS Pa CLIENT thIsM TIMI Is, N FEET AND ►iplan M tAAmn JEIW 7AEA11lWI RANT ACCESS HAIR - AOASIS &WFOR •ILIAINM FLORIDA STAR RANG CRIMINATE STflr4 (AST SOMENO JI 1071 rw DDNI maTimertM aVRAR. LIAE rm DO rAw OF x4w A[SIIRCLS IV PITD RProm fall IT tJJat MN AND [imm lot WAN HIM RAM LINE IMF KII)WIkD NY CLIENT faiRVCtlaa APPARENT DAIS LIEIr DOES OF RMW OM" R[ TEA► MAIN NMI MIT WIN ONLY AS A A[IDO[E AID M MOTIits AN M A ARE, AAMPAACM k IU M AM WK M LASS PARCEL It to a AM &W M Left AREA STAR! CALI 4.013 10 t1E APPAR M RINK LK AOLIt)M Aw cum SIRY[1' SCOtIM AORt VIRGINIA wr RlMOSO CAIPM K EI1170 SARIETTN AND SWISS P. A SENTRAL DISTRICT EIASMER TIKANDIT MT SLOW MitO 0-11-N COLNIT WO PAM tY M AND PJINIMINO VIACINIA REV DATED AFRIL JOL ISM. COASTAL MOMalON COSIACL LINE NV SAID SEPT. INI Dear owaat.e AL DESOUPfIM Crl 'A• "we a (AS foo(IIwI(.erwr .f "Ir leg clop the wol II" .f �rJr lt• r ter ALu faiq those folap (Aw. to flrMyy 0 (1. N lrllw o1 the RIANI-AW SATER A M ACCESS ACAS ter the out oil MI to N WWJI' rev Jot. it, .ca "" N Jr0 of c rr f111," .0 rum NV Iris Ifr fit JI sa to11 Jrrlrr(r J01u1 al••IM NSE'It'JI' cIr 0/Nh se too N JI'1r3r. c for1M. 00 I nca to N irer11' E (r IIS It I Sea rs.N N lrJrlr c for ISJI 1 la. to NNWrlrl7, Jalhorlr . If Fr Sol Is Petal 'A', felt 1 n.r .l SMto ICE ro..Nr M !s • calf Iro , awe to N Jrl/'J Ix M Fall; ulap .r N n JrJ OISL tool; 10e.o roes WJr4 1 I fllpM foal# eaean to IAe W corm N Wfl'.N' fro 8717. 11 flat; (Aanf red N or or fr c (r J71 N f.4- 4 14rw to N 11'Ir01' r Ir XL?? I"L; thole no N WJI' Ir I Ir K It MH (here no N frlr11' c to III J7 fsek Those to N0rJror c Ir 441.25 1r4 No. to N trans c to, 7111 M. than. to N WJrar Ere 121Of !alto thorn to N W3r31' c for a IS ("L ad cwlhwllrlF.less W am 1110 Polar Nrlol S W WSI' c Ina W FaI4w.( rrMS ~ I far test. thafe t wrrw[ I For ,Mica rook' thou to 001'11'Sr 1 (r JOia (ail to 0 MIN er iolrwlla thwok NI/ M111 have s7!'a or (fro a1 Said Sera help /r IF floral. I OM N (rk far art dlsleeeo .l HI.11 fall to a. MI.1 of off Sales. Lfl" .n BOUNDARY S U R V E Y PAIM '►' Cara• fl the SwlAwol are/ at Sell I. Ik Tew410 St Sole, bps It Gel 1 I N'JJ' 11' I IN JN N (..1 I. IN Flol of F liwl sold p•II Nip M • ,Irpir car" ewrS 1. the arawsl "d sari" 1 irv"%1' r frr ". slalr; to.... to w imallrlf .try Sold satl#, Ao.lp far Its .larva a Cwlr.l 0410 of 01'N'Jr. . ralSo ' It%N I.L. ter a re datwe of K 37 ask, Ihw. rw N Ir Ir 11' r for JOSSo 1"4. these. to 11111,200, f Ir 01111 fall; tow. to S JJ'!i SS' 1 fat JN01 tall; there rM S trirW I fat tSO.M los4 Ilw. rw S Jr II'Jf' [ far IN J0 fall 10 hl.l I'; llwo swllrs owlAeoolrlf to lha Y.o. MIs/ Flr Also of M 7LA: It—# oodw ewaee.lorl7 sJ.y the bed Rio FIr La. of Fr (.l to a petal .614 ►ors S 0113rW ► fro Peal 1 ad Fero 1JL 41 tall fro Sold 1.01•1 'A; these. to 14V44'Jr N far Ila N a.l to a petal of lo".w0 alh a eles fr carp aa.nre It a. Irihow, dean tM rrll...larlf .10" .olA Satre, help !r la .Ia.e11s a o"trei aplo .( ArJrSS', I loafer of rid N fast, Ir a we 41610" of 3111.511 fail If I Nat of eoq.sa srnlro dM a shoal. Sono tar./• I. (N AWawf; IA— to artkartr)r aloao"f told /rn, hall" Ir la •Isle a eolral eyie .1 JI'N'Ir, I rat,.. of Ib100 f.ol, fat o r. Allwe of 117.01 lost to 10.101 of few$. eeraolro with o etrcelar eat.. ewla, Is 16e NrawsO a.no to w1ble.lrf/ •lwy Md Arm kel" 1, la wised a w1,01 oil* f JI'0rlr, a rale.1 1 00 fail 1. a re daloc. d N1J5 flat lo IN had of Iylaalel. LFIp sed ool" to Fca calla/, rlrld. oca ralsrr _ la"_fft_ 4eew LrM w^,w ems. wH. rw wrw� .. ff nr mM, _ LON"*L N' met C` .seers N^f.f. ewt tee. till BEAR CUE I IVOT CWIIT Not the Marked 7rMr7 lrrq rfl a. 111.1" lochalecl Sa.Ln MIA 0f IA. Firlde Ilea Fro .f Sralfre ORogpwl Ores 17l. NL Flrloo 71Ndse, of Chapter FI017 d IRS Fleas 40.1.111ta i fbiiubn -,44 0E011ma Law !i STATE M I FERNANDO Z. GATELL P.L. 1700 D.M. OTIh AVENUE SUITE tH, MIAMI, rLC rIL (3001 1,4.43c0 - for (3001 c04- 13OUNDARY SURVEY CITY OF MIAMI PROPOSED VIIOARA NEV CAM►OROIAA7 N Cri11N.1. N•.• la.p ewer M sue ...... .... _- -_�. EXHIBIT II. DECLARATION PROFESSIONAL INFORMATION FINANCIAL DISCLOSURE FORMS 95- 83 EXHIBIT II DECLARATION, FINANCIAL DISCLOSURE, AND PROFESSIONAL INFORMATION FORMS (CONTENTS) Financial Disclosure and Professional Information Requirements Declaration Organizational Structure Proposer's Questionnaire Partnership Statement Corporation Statement Financial Data of Proposer Experience Statement of Proposer References of Proposer ********** Proposer's Architect/Landscape Architect/Engineer's Questionnaire Experience Statement of Proposer's Architect/Landscape Architect/Engineer Background Data of Proposer's Architect/Landscape Architect/Engineer References of Proposer's Architect/Landscape Architect/Engineer Architect/Landscape Architect/Engineer's Subconsultants" Questionnaire Experience Statement of Architect/Landscape Architect/Engineer's Subconsultants Background Data of Architect/Landscape Architect/Engineer's Subconsultants References of Architect/Landscape Architects/Engineer's Subconsultants 95- 83 EXHIBIT II DECLARATION, FINANCIAL DISCLOSURE, AND PROFESSIONAL INFORMATION FORMS (CONTENTS) PAGE TWO proposer's General Contractor or Construction Manager's Questionnaire Experience Statement of Proposer's General Contractor or Construction Manager Background Data of Proposer's General Contractor or Construction Manager References of Proposer's General Contractor or Construction Manager Proposer's Operational Manager's Questionnaire Experience Statement of Proposer's Operational Manager Background Data of Proposer's Operational Manager References of Proposer's Operational Manager Proposer's Operational Manager's Subconsultants' Questionnaire Experience Statement of Operational Manager's Subconsultants... Background Data of Operational Manager's Subconsultants References of Proposer's Operational Manager Subconsultants 95- 83 FINANCIAL DISCLOSURE AND PROFESSIONAL INFORMATION REQUIREMENTS This section of the RFP contains various forms which must be completed and submitted as part of the proposal. A proposal which fails to include the financial disclosure and professional information requested herein will be deemed nonresponsive and subject to rejection. Proposals containing ommissions, inaccuracies or misstatements shall also be subject to rejection. All blank spaces on the 'forms found herein must be correctly filled in. Information and answers may be provided on a separate attached sheet if necessary. Photographs or other illustrative materials should be placed in an envelope or bound into the proposal and identified by the proposer's name and address and the page number of the form to which the supplemental material is applicable. Board -mounted' schematic drawings, not to exceed 30" x 40", should be identified by the proposer's name and address. By submission of a proposal, the proposer acknowledges and agrees that the City of Miami has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in this section of the RFP and agrees to execute any appropriate release and/or authorization form if requested by the City. 95- 83 1 DECLARATION Cesar ] . Odio City Manager City of Miami, Florida Submitted , 1994 The undersigned, as proposer,.' declares that the only persons interested in this proposal are named herein, that no other person has any interest in this proposal or in the agreement of lease to which the proposal pertains, that this proposal is made without connection nor arrangement with any other person and that this proposal is in every respect fair, in good faith, and without collusion or fraud. The proposer further declares. that he has complied in every respect with all. of the instructions to proposers, that he has read all addenda, if-any,.and that he has satisfied himself fully with regard to all matters and conditions with respect to the lease to which the proposal pertains. The proposer agrees, if this proposal is accepted, to. execute an appropriate lease agreement for the purpose of establishing a formal contractual relationship between the proposer and the City of Miami, Florida, for the performance of all requirements to which this proposal pertains. The proposer states that this proposal is based upon the proposal documents issued December 23, 1993 entitled Request for Proposals for the Unified Development of the Virginia Key Boatyard Property, 3501 Rickenbacker Causeway, Miami, Florida and addenda, if any. Signature Title Name of Firm, Individual, dr Corporation Signature Title 95- 83 II-2 ORGANIZATIONAL STRUCTURE In graphic form, provide the organizational structure of the development team indicating the proposer, the proposer's architect/landscape architect/engineer, the architect/engineer's subconsultants, general contractor or construction manager, operations and management consultants/subconsultants and any additional consultants/subconsultants by name of firm or individual, and areas of responsibility. 95- 83 Name: e Address for purposes of notice or other communication relating to the proposal: Telephone No. ( ) The proposer is a: ( ) Sole proprietorship ( ) Partnership ( ) Corporation { ) Other (explain below) 95- 83 PARTNERSHIP STATEMENT If proposer is a partnership, answer the following: 1. Date of organization i 2. General Partnership ( ) Limited Partnership ( ) 3. Statement of Partnership recorded Yes ( ) No ( ) i Date Book Page' County State I 4. Has the partnership done business in the State P P S e of Florida? Yes ( ) No ( ) When? Where? 5. Name, address, and partnership share of each general and limited partner. (If partnership is a corporation, complete the following page for corporation.) General/ Limited Name Address Share. 6. Attach a complete copy of the Partnership Agreement. 95- 83 CORPORATION STATEMENT If proposer is incorporated, answer the following: 1. When incorporated? 2. Where incorporated? 3. Is the corporation authorized to do business in Florida? Yes ( ) No ( ) 4. The corporation is held: Publicly ( ) Privately ( ) 5. If publicly held, how'.and where is the stock traded? 6. List the following: Authorized Issued Outstanding (a)Number of voting shares; (b)Number of nonvoting shares: (c)Number of shareholders: (d)Value per share of Common Stock: Par $ Book $ Market $ i. Furnish the name, title, address and the number of. voting and nonvoting shares of stock held by each officer and director and each shareholder owning more than 5% of any class of stock. If more than 5% of any class of stock is held by one or more corporations, then each owner - corporation must also complete separate pages '(type corporation name on said pages for identification purposes.) and furnish the audited financial statement required on each - page. If said owner -corporations are owned by other corporations, then these other corporations must also complete separate pages (type corporation name on said pages for identification purposes) and furnish the audited financial statement required on each page. The City requires information on all corporations that directly or indirectly have an ownership interest in the proposer -corporation. 8. If an individual or corporation will be guaranteeing performance of the proposer -corporation, state name here and also complete corresponding pages. If a corporation, provide name of corporation on corresponding pages for identification purposes and furnish audited financial statement(s) as required on the page for the individual or corporate guarantor. 95- 83 INANCIAL DATA OF PROPOSER udited Financial _Statement Proposer, owner -corporation proposer, and any person or business entity guaranteeing the performance of the proposer must attach a complete report, prepared in accordance with good accounting practice, reflecting current financial condition. The report must include audited financial 'statements (balance sheet and income statement). The person or entity covered by the statement must be prepared to substantiate all information shown. Surety Information Has any surety or bonding• company ever been required to perform upon your default? Yes ( ) No ( ) If yes, attach a statement naming the surety or bonding company, date, amount of bond, and the circumstances surrounding said default and performance. Bankruptcy Information Have you ever declared bankruptcy? Yes ( ) No ( ) Have you ever been declared bankrupt? Yes ( ) No ( ) If yes to either of the preceding questions, state date, court jurisdiction, amount of liabilities and amount of assets. Pending Litigation Provide on attached sheets detailed information regarding pending litigation, liens, or claims involving any participant in the proposal. 95- 83 Describe in detail the duration and extent of your business experience- in development of boat yard facilities, marina facilities and other commercial development. Also ,state in detail the names and pertinent experience of the persons who will be directly involved in development and management of the facilities. List the names and locations of currently owned or managed facilities and your percentage- ownership, and any such facilities which you currently manage. In addition, please also provide photographs or other illustrative material depicting projects that will demonstrate your ability to complete a quality development. The name and address should be given for each project identified as well as persons familiar with the development who• will respond to inquiries from •the City. You should also identify your specific role in each project. 95- 83 TT-R REFERENCES OF PROPOSER List four persons or firms with whom you have conducted business transactions during the past three years. At least two of the references named are to have knowledge of your debt payment history. At least one reference must be a financial institution. Reference No. 1 Name: Firm: Title: Address: Telephone: Nature_ and magnitude of purchase, sale, loan, business association, etc.: Reference No. 2 Name: Firm: Title: Address: , Telephone: Nature and magnitude of purchase, sale, loan, business association, etc.: 95- 83 Reference No. 3 Name: Firm: i. Title: Address: Telephone: Nature and magnitude of purchase, sale, loan, business association, etc.: Reference No. 4 Name: Firm: Title: Address: Telephone: Nature and magnitude of purchase, sale, loan, business association, etc.: " 9�- 83 TT -In PROPOSER' S ARCH TTECT ITANpSSQUE ARCHITECT JENCTNEER QUESTIONNATR_F. Name: Street Address: Mailing Address: Telephone: Professional Registration Number Name of principals and their titles who will be chiefly responsible for the design and engineering of -the project: Name Title Name Title 95- 83 Describe in detail the duration and extent of your experience with special emphasis upon experience related to the proposed uses. Also, state in detail the names and pertinent experience of the principals who will be directly involved in the project. In addition, please also include photographs or other illustrative material depicting projects that will demonstrate your qualifications for the project identified as well as for persons familiar with the development who could respond to inquiries from the City. You should also identify your specific role in each project.' 95- 83 0 Surety Information Has any surety or bonding company ever been required to perform upon your default? Yes ( ) No ( ) if yes, attach a statement naming the surety or bonding company, date, amount of bond, and the circumstances surrounding said default and performance. Bankruptcy Information Have you ever declared bankruptcy?. Yes ( ) No ( ) Have you ever been declared bankrupt? Yes ( ) No ( ) If yes to either of the preceding questions, state date, court jurisdiction, amount of liabilities and amount of assets. Pending Litigation Provide on attached sheets detailed information regarding pending litigation, liens, or claims involving• any participant in the proposal. 95- 83 TT-1 2 My f l'10) FO V..'s \ Describe in detail the duration and extent of your experience with special emphasis upon experience related to development of boat yards and marina facilities. Also, state in detail the names and pertinent experience of the principals who will be directly involved in the project. In addition, please also include photographs or other illustrative material depicting projects that will demonstrate your qualifications for the project identified as well as for persons familiar with the development who could respond to inquiries from the City. You should also identify your specific role in each project. at Has any surety or bonding company; ever been required to perform upon your default? Yes ( j No ( j If yes, attach a statement naming the surety or bonding company, date, amount of bond, and the circumstances surrounding said default and performance. Bankruptcy Information ' Have you ever declared bankruptcy? Yes ( ) No ( ) Have you ever been declared bankrupt? Yes ( ) No ( ) If yes to either of the preceding questions, state date, court jurisdiction, amount of liabilities and amount of assets. Pending Litigation Provide on attached sheets detailed information regarding pending litigation, liens, or claims involving any participant in the proposal. 95- 83 $F.FFRF.NC`F:$ OF ' ARCHITECTILAI HITECT/ENGINEER' S SUBCONSULTANTS List two persons or firms for whom you have completed projects during the past three years. Reference No. 1 ; Name: Firm: Title: Address: Telephone: - Nature and magnitude of business association: Reference No 2 Name: Firm: Title: Address: - Telephone: Nature and magnitude of business association: 95- 83 TT-10 PROPOSER'S GENERAL CONTRACTOR OR CONSTRUCTION MANAGER QUESTIONNAIRE Name: Street Address: Mailing Address: Telephone: Professional Regitration Number: Name of principals and their titles who will be chiefly responsible for the general contracting or management of the construction project: Name Title Name Title 95- 83 II-19 we) ZKVf to] , k,PTO.Tem Describe in detail the duration and extent of your experience with special emphasis upon experience related to development of boat yards and marina facilities. Also, state in detail the names and pertinent experience of the principals who will be directly involved in the project..' In addition, please also include photographs or other illustrative material depicting projects that will demonstrate your qualifications for the project identified as well as for persons familiar with the development who could respond to inquiries from the City. You should also identify your specific role in each project. 95- 83 �: i• \� �i :. • 'i•'• i \ �:. •\ is •� •* •\ i •\ V_:_\ ,ure y Information Has any surety or bonding company ever been required to perform upon your default? Yes (' ) .. c No ( ) If yes, attach a statement naming the surety or bonding company, date, amount of bond, and the circumstances surrounding said default and performance. Bankruptcy Information Have you ever declared bankruptcy? Yes ( ) No ( ) Have you ever been declared bankrupt? Yes ( ) No ( ) If yes to either of the preceding questions, state date, court jurisdiction, amount of liabilities and amount of assets. Pending Litigation Provide on attached sheets detailed information regarding pending litigation, liens, or claims involving any participant in the proposal. 95-- 83 TT_7l REFERENCES OF PROPOSER' S GENERAL CONTRA_CME OR CONSTRUCT -ION MANAGER List two persons or firms for whom you have completed projects during the past three years. Reference No. 1 Name: Firm: Title:' Address: Telephone: Nature and magnitude of business association: Reference No. 2 Name: Firm: Title: Address: Telephone: Nature and magnitude of business association: 95- 83 PROPOSER'S OPERATIONAL MANAGER'S QUESTIONNAIRE Name: Street Address: Mailing Address: Telephone: i Name of principals and their titles who will be chiefly j responsible for the" operations and overall management of the project: i Name Title Name Title i i i i 95-- 83 Describe in detail the duration and extent of your' experience with special emphasis upon experience related to the boat yard and marina facilities operantions and management. Also, state in detail the names and pertinent experience of the principals who will be directly involved in operating and managing the facility. In addition, please also include photographs or other illustrative material depicting projects that will demonstrate your qualifications for the project identified as well as for persons familiar with the development who could respond to inquiries from the City. You should also identify your specific role in each project. 95- 83 II-24 _ 2urety information Has any surety or bonding company ever been required to perform j upon your default? Yes ( ) No ( ) f If yes, attach a statement naming -the surety or bonding company, date, amount of bond, and the circumstances surrounding said default and performance. Bankruptcy Information Have you ever declared bankruptcy? Yes ( } No ( } Have you ever been declared bankrupt? Yes ( } No ( } If yes to either of the preceding questions, state date, court jurisdiction, amount of liabilities and amount of assets.. Pending Litigation Provide on attached sheets detailed information regarding pending litigation, liens, or claims involving any participant in the proposal. 95- 83 II-25 I REFERENCES OF PROPOSER'g OPERATIONAL MANAGER i List two persons or firms for whom you have managed projects during the -past three years. Reference No. 1 Name: Firm: Title: Address: Telephone: Nature and magnitude of business association: Reference No. 2 Name: Firm: Title: Address: Telephone: Nature and magnitude of business association: II-26 9 5 - 83 OPERATIONAL MANAGER'S ,UBCONSULTANTS' QUESTIONNAIRE For each subconsultant or subconsulting firm, please provide the following information. Name: Address: Telephone: Name of principals and their titles who will be chiefly responsible for the project: Name - Title Name Title 95- 83 1I-27 uretv_Information Has any surety or bonding company ever been required to perform upon your default? Yes ( ) ; No If yes, attach a statement naming the surety or bonding company, date, amount of bond, and the Eircumstances surrounding said default and performance. Bankruptcy Information Have you ever declared bankruptcy? Yes ( ) No Have you ever been declared bankrupt? Yes ( ) No If yes to either of the preceding questions, state date, court jurisdiction, amount of liabilities and amount of assets. Pending Litigation Provide on attached sheets detaiiel3-.information regarding pending litigation, liens, or claims involving any participant in the proposal. 95- 83 II- 29 REFERENCES OF OPERATIONAL MANAGER'S_SUBCONSULTANTS List two persons or firms for whom you have managed projects during the past three years. Reference No. 1 Name: Of Firm: Title: Address: Telephone: Nature and magnitude of business association: Reference No. 2. Name: Firm: Title: Address: Telephone: Nature and magnitude of business association: 95- 83 EXHIBIT III. MINORITY PARTICIPATION FORMS 95- 83 MINORITY PARTICIPATION DOCUMENTATION NAMES OF COMPANY OWNER(S): NAMES OF COMPANY OFFICER(S): a) List principal business address: (street address) b) List all other offices located in the State of Florida: (street address) Name of individual holding license in this profession (if applicable): MINORITY PROCUREMENT COMPLIANCE The undersigned proposer acknowledges that (s)he has received a copy of Article IV. 5 Sections 18-67. = 18-77 of the -City Code _ (see Appendix t!.)•,a.nd agrees to comply with all applicable substantive and procedural provisions therein, including any amendments thereto. Proposer: Signature: (company name) Print name: Date: - Indicate if Business is 51% Minority -owned: (Check one box only)' [ ) Black [ ] Hispanic [ ] Female AFFIRMATIVE ACTION PLAN' If firm has an existing plan, effective date of implementation If firm does not have an existing plan, the Successful Proposer(s) shall be required to establish an Affirmative Action Policy, pursuant to Article. IV. 5f Sections 18-67 -18-77 of the City of Miami Code. Proposer: Signature: (company name) 95 83 TTT_1 EXHIBIT IV LETTER FROM METROPOLITAN DADE COUNTY WATER AND SEWER AUTHORITY y5- 83 MIAMI-DADE WATER AND SEWER DEPA, TENT June 14, 1994 Mr. Jack Luft Assistant Director & Planner City of Miami 3500 Pan American Drive Miami, Florida 33133 Re: Central District WWTP on Virginia Key Dear Mr. Luft: This letter is to bring you up to date on the Odor Control Program at our Central District Wastewater Treatment Plant on Virginia Key. In February, 1992 we completed the construction of odor control facilities which included enclosing the main odor sources of all four grit chambers, the septage unloading station and all eight sludge concentrators. Four odor control buildings were constructed to house the blowers, pumps and air scrubbing towers. The total cost of this project was $7.4 million. Subsequent to the above project, WASD undertook a three phase program to control odor at the remaining sources at Virginia Key. Phase I which was completed in December, 1993 at a cost of $2.7 million included modifications to improve the effectiveness of the air scrubbing towers, installation of equipment to apply oxidant to the sludge on the drying beds, installation of a dispersal system for odor counteractant at the sludge drying beds and at the inlet end of the aeration tanks, and covering the centrate trough at the dewatering building. Phase II, which is currently under design, includes conversion of the plant No. 1 aeration tanks to covered oxygenation tanks and construction of an additional cryogenic oxygen generating plant. This work is estimated to cost $16 million and scheduled to be completed in 1996. Phase III will include enclosure of the loading bays at the dewatering building and construction of a fifth odor control building with air scrubbers at an estimated cost of $4 million. 95- 83 Mr. Jack Luft June 14, 1994 Page 2 In addition to the above construction program, on June 1, 1994 WASD began injection of oxidant at sewage pumping station No. 1 in Miami to control odors and corrosion in our force main under Biscayne Bay. This has also resulted in odor reduction in sewage arriving at Virginia Key. We are currently undertaking a study of various chemical and biological products to control sulfides and reduce odor throughout our sewer system. There has been a substantial reduction of odors at Virginia Key as the result of the work completed to date and further improvement can be expected from the projects that are proceeding. Sincerely, ir t on . Clemente, P.E. IO•" 957 83 EXHIBIT V LETTER FROM METROPOLITAN DADE COUNTY DEVELOPMENT IMPACT OFFICE 95- 83 f METROPOLITAN DADE k- A NTY, FLORIDA ex *AM MEi'Rt)-QAOE CENTER ol+loTS OF THE Ct URW MAtiAGM November22, I9S4 °�O'�ra"IMPACTrosMMMEUM o 111 KW, uc STREET MAW, FLOR OA 3312940n g1 375�w Mr. rack Luft Planner/Asst Director Department of Development 300 Biscayne Boulevard Way Suite 400 MiamL Florida 33I3I Dear 1VIr. LufL This is in response to your inquiry as to Dade County s mad impact 'fee which will be due at time of ]3wZding Permit for. the proposed beach park development, to accommodate 500 campsites at VuSiniS.Beach in the City of hEamL In accordance with the rM weekday trip Generation fnr the proposed use of 15.77 trip ends per acre, the road impact fee will be S2,362.66 per acme. If the previous uses on the site are discorttaiued, credit can be obta:�aed on previous verified daBy trips to the site. The credit on the change of use would be S299.64 per average daily car parking fee collection. The City would, of course, be required to make application to the Dade County Public Works Department to recognize the'proposed credit I would ra est that if'you have any further questions regarding impact fees, you contact Mr. Ted Bemm� Impact Fee A&ninigradon, at 375 2709. very truly yours, Carey L' Rawlinson, Jr., Director Developmental Impact Committee. Ci-dh 95- 83 EXHIBIT VI FIST OF SOURCE ORGANIZATIONS Greater Miami Convention & Visitors Bureau 701 Brickell Avenue, Suite 2700 Miami, Florida 33131 (305)539-3040 The Beacon Council 80 Southwest Eighth Street Miami, Florida 33131 (305) 536-8000 John Anderson, Chairman South Florida Regional Planning Council 3440 Hollywood Boulevard Hollywood, Florida 33021 (800)985-4416 or (305) 985-4416 National Association of RV Parks and Campgrounds 8605 Westwood Center Drive, Suite 201 Vienna, VA. 22182-2231 (703)734-3000 David Gorin, Executive Vice President Florida Association of RV Parks and Campgrounds 1340 Vickers Drive Tallahassee, Florida 32303-3041 (904)562-7151 Joe Striska, Executive Director MetroDade County Department of Environmental lesource Management 33 SW Second Street Miami, Florida 33131 (305)372-6789 or (305) 372-6584 Craig Grossenbacker Miami -Dade Chamber of Commerce City of Miami - Department of Development & Housing 9190 Biscayne Blvd. 300 Biscayne Bld. Way, Suite 400 Miami Shores, Florida 33138 Miami, Florida 33131 (305)751-8648 (305)579-3366 Dianne Johnson, Development Coordinator _ Greater Miami Chamber of Commerce City of Miami - Office of Asset Management and Capital Projects 1601 Biscayne Boulevard 300 Biscayne Bld. Way, Suite 400 Miami, Florida 33132 Miami, Florida 33131 (305)350-7770 (305)373-4640 Eduardo Rodriguez, Director Miami Capital Development Corporation CAMACOL/Latin Chamber of Commerce 300 Biscayne Bid. Way, Suite 614 1417 West Flagler Street Miami, Florida 33131 Miami, Florida 33125 (305) 358-1027 (305) 642-3870 Tony Crapp, 95- 83 To : Honorable Mayor and Members of the City Commission CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM 13 DATE : JAN 31 1995 FILE SUBJECT :Resolution Authorizing Issuance of RFP for Virginia Key Campground Property UDP FROM : Cesar REFERENCES : for City Commission City r ENCLOSURES: Meeting of 2/9/95 RECOMMENDATION: It is respectfully recommended, that the City Commission adopt the attached Resolution authorizing the issuance -of a Request For Proposals ("RFP") on March 7, 1995, in substantially ; the form attached, for a.Unified Development Project ("UDP") consisting of the development of the Virginia Key Campground and ancillary recreational facilities on approximately 165 acres of City -owned waterfront property located at Virginia Key Beach, Miami, Florida; selecting a certified public accounting firm and appointing members to a review committee to evaluate proposals and report findings to the City Manager as required by the City Charter and Code for Unified Development Projects. BACKGROUND: The Department of Development "recommends that the City Commission adopt the attached Resolution in order to implement the UDP process for the development of the aforementioned City -owned property. On July 26, 1994, by Resolution No. 94-571, the City Commission declared the development of the Virginia Key Campground and ancillary recreational facilities on approximately 155 acres of City -owned waterfront property, Miami, Florida, a UDP as required by City Charter Section 29- A(c) and City Code Section 18.52.9. In accordance with City of Miami Charter Section 29-A(c) and City Code Section 18.52.9, the City Commission has scheduled a public hearing for February 9, 1995 to take testimony regarding the contents of the RFP, authorize its issuance, select a certified public accounting firm and appoint members to a review committee from persons recommended by the City Manager. V��_ 95- 83 Honorable Mayor and Members of the City Commission Page: 2 It is recommended that the certified public accounting team, composed of Ernst & Young LLP, in association with the minority -owned firm of Watson & Co., be selected as the certified public accounting team for this UDP. Ernst & Young was ranked as number one out of total of 4 submissions of qualifications evaluated by City staff and two independent CPA's. Furthermore, the following individuals are recommended for appointment to the review committee for this UDP Project: Members ofthe'Public - Betty Huck, Dade County Land Trust - Betty Simes, Mayor, Village of Key Biscayne - Al Maloof, Member, Asset Management Board - Alayne Moore, Manager, Larry & Penny Thompson Campground Members of the City - Anna Sardina, Asset Management - Herbert J. Bailey, Department of Development - Sergio Rodriguez, Planning and Zoning Attachment: Proposed Resolution Draft RFP 95- 83 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM To ; Matty Hirai DATE : January 20,1995 FILE City Clerk SUBJECT Request for Advertisement ' Public Hearings for UDP process FROM : Herbert J. Bailey REFERENCES: Assistant City Manager Department of Developm ENCLOSURES: The Department of Development, through Resolution No. 94-570, No. 94-571 and No. 94-448, was authorized to prepare draft RFP's for three separate projects, part of this authorization scheduled public hearings to take testimony regarding the contents of these draft RFD's. The public hearings to take testimony, etc. on these RFP's have been rescheduled a number of times. On October 27, 1994, the Commission requested that the public hearings be rescheduled for December 1, 1994 at 10:00 a.m., to give them more time to review the documents. During the City Commission meeting of December 1, 1994 the Commission agreed to reschedule the public hearings again for the January 12, 1995 Commission meeting. Finally, on January 12,1995 the Commission rescheduled the public hearings one more time for February 9,1995 at 10:00 a.m.. The attached "Notice of Public Hearing" for each individual project schedules these public hearings for the Commission meeting of February 9,1995 at 10:00 a.m.. Therefore, the Department of Development is requesting that your Office issue these advertisements appropriately. The following account can be charged for the cost of advertisement, No. 590101-287. Thank you for your prompt attention and cooperation in this matter. 95- 83 CITY OF MUMI, FLORIDA NOTICE OF PUBLIC HEARING A PUBLIC HEARING HAS BEEN SCHEDULED FOR THE CITY COMMISSION MEETING OF FEBRUARY 991995 AT 10:00 A.M. TO TAKE TESTIMONY REGARDING THE CONTENTS OF THE DRAFT RFP FOR THE DEVELOPMENT OF THE VIRGINIA . KEY CAMPGROUND AND ANCILLARY RECREATIONAL USES ON CITY -OWNED WATERFRONT PROPERTY LOCATED AT VIRGINIA KEY BEACH. AT THE CONCLUSION OF THE PUBLIC HEARING, THE CITY COMMISSION WILL CONSIDER AUTHORIZING THE ISSUANCE OF THE RFP, THE APPOINTMENT OF MEMBERS TO A REVIEW COMMITTEE AND THE SELECTION OF A CPA FIRM TO EVALUATE PROPOSALS RECEIVED IN RESPONSE TO THE RFP. All interested parties may appear at the meeting to be held at the time and place specified above. Should any person desire to appeal any decision of the City Commission with respect to any matter to be considered at this hearing, that person shall ensure that a verbatim record of the proceedings is made including all testimony and evidence upon which any appeal may be based. MATTY HIRAI CITY CLERK CITY OF MIAMI, FLORIDA 95- 83 , � I vilh item on Ivicaty Hirai 95- 83 City Clerk 11DX114 &PIDIAl uo qIP, WMM1551UNEk bUk I I tL JUJ-LJU-JUJU r UU U6 i j,-) 1 U + 10 I4U . VU1 r . VL Alternative recommendation for Revenue Producing ]Development on Virginia Key INTRODUCTION Virgioia Key is one of'1'he City of Miami's f;reatest resources. 'phis island has the potential to become both a. landmark recreational facility, and an integral link to the unique and fragile environments which chatuctericed South Florida's origin~. The current initiative to improve public facilities on Virginia Key enables The City to combine the benefits of both recreation and conservation, while Providing much needed mvenue, and enhancing the community. The Requesl For Unified Development Proporals,i n, The Virginia Key C..umpground (1123195) which is scheduled for discussion at the February 9th public hearing is a step in the right direction. This RFI', however, doer not take full advantage of Virginia. Key's unique potential. In an attempt to rectify these oversights, this document was created as an outline for reforming and reorienting the existing Request For Proposals. The analyses and suggestions that follow provide a reasonable compromise between the needy; cif Virginia Key, the needs of the public, and the city's economic demands. This proposal was written by concerned citizens experienced in dealing with Virginia Key and all of its intricacies. It is hoped that their intrinsic knowledge be given weight when deciding upon the future use of Virginia Key. PROPERTY Asscssm ENT While the 153.8 acres of land currently being considered for development holds a great potential as art entertahunent-batted destination campground, an assessment of Virginia Key's features indicate~ that this property may be of far better value if its cultural and environmental history are showcased in an "eco-tourism" type -campground, Virginia Key is unique among South Florida's barrier islands in that it has been left in a fairly natural state tnr several years, and has recovered well from HiuTicane Andrew. 1 AWATION Virginia Key is located just 1.5 miles cast of one ol'lhc world's most Cosmopolitan cities. Visitors to a wilderness -oriented campground can take advantage of all that the city has to offer while enjoying relative seclusion in a pristine and natural setting. Although many other destination campgrounds require un assortment. of � �. . C � enlCrtaininb amenities to occupy their patrons, the Virginia Key Cannpground could feasibly appeal to the growing market for ecA.kourism while directing tourists to suwessl`ul City attractions, For example, nature Nosed amenities could be augmented b� p the inclusion of tram service to Rayside or The Port of Miami. a (� RNVIRnNMENTAL FNATURES o q O The uniqueness of Virginia Key's enviromnent would be a chief selling point.S' any proposal for an eco-campground. As Virginia Key is one oftlne last of its type of iy }, 95- 83 co 30S-2SU-54SC• t-eu u6.y5 iu;lb ivu.uu1 rr.ul� ecosystem in Miami, it can he presented ns a window into the past as well a4 a model for peaceful coexistence between man and Nature in the future. Virginia Key's tidal marsh and coastal hammock ecosystems cannot be seen on any other barrier island in South Florida, The Coastal liard•wood lltutntuicks which ure abundant in the northern end of the proposed development site (sec Figure 1 for Environmental Conditions), contain many rare types of vegetation (including .5aba1 Palms, flea grapes and buttonwood) that well exemplify the primitive conditions of pre -development South Florida. The trees in Virginia Key's hammocks provide a habitat for several species of migratory birds. E'lidangcred Peregrino Falcons and Bald Eagles have been documented nesting and feeding extensively in the area scheduled for development (Ross, 1987). Other bird species to numerous to mention have eulonized Virginia Kcy from coast to coast. The island's unique bird watching opportunities should definitely be a main attraction at an eco-campground. Throughout history, tidal marshes have been a constant focus of development. Since the early 1900's nearly 90% of the nation's tidal marshes have been developed or isolated from the natural system (Odutn, 1985). trt South Florida, tidal marshes provide for shoreline stability and ecological growth by harboring protective inallgroves and producing as much as 30,000 kg/ha ol'nutricnt-rich organic matter per year (Odum, 1985). 'These ecosystems also attract wildlife critical to the South Florida Tourist industry (Wading birds -egress, wood stork, white ibis, ro,&tte spoonbill, herons). Virginia Key's marshlands could easily be refurbished and sltowciuied as the some of the; last remnants of an important ecosystem and a base of South florida's food web. Since the dredging of Government Cut in 1925, Virginia Key's beaches have been in it constant erosional state. By completely eliminating the suuthward flow of sediment to the Key, this deep channel only .8 miles to the north has and caused the island's beaches to beeontc severely unstable and grossly undersized (Figure 2). Until 1990, a near absence of dune vegetation contributed greatly to the deterioration of the upland beach. Over the past 5 years, local 4-H clubs raid student environmental organizations have, at their own expense initiated a Sett. Oat planting program on Virginia Key's beaches (Figure 3). The Nand dunes these students created, not only stabilized the beach during Hurricane Andrew, but have initiated a period of sediment accretion its the upland beach region (Wendschuh, 1994). Programs similar to the; dune plantings should encouraged as part of the camp's educational emphasis. Virginia Key's existing dune habitats are ofoonsiderable value as they posses rare plant. species including the beach peanut. Okenia, l.lniola, and sea lavender, and provide a home for the piping plover, a rare South Floridu bird. Wish the exception of the area currently designate{l as a "public switnming beach", strong offshore currents make minitning on the island's beaches unreasonable. Offshore, abundant shallow seagrass beds and low levels of Inarine. traffic make Virginia Key a perfecthabitat for Manatees. "Ile island is one of the lbw places in Dade County where these cndangercd creatures can feed and niate without the constant threat of tnotarboats,. Manatee eoul*; off of Virginia Key's shore~ are higher than those of any other of Dade's barrier islands. The absence of aniticial lighting on Virginia Key's shores makes the island one of the few places in Dade County where seaturtles can nest Suh-,,,-tied into the public reclo-.rd_ COMMISSIOPIER GORT TEL:305-250-5456 Feb 08,y5 10:18 No.UU1 N.U4 without the possibility of the young becoming disoriented and crawling towards the land rather than seaward towards the moon. Although the island's dilapidated condition would require that some restoration be dome in the proposed development site, a well documented tradition of community involvement. in Virginia Key's rehabilitation can and should be counted upon for assis(anee (figure 4). HiSTORICAi .)1*rATU1tES One of the oldest maps oi' Virginia Key (1918) shows the island'.,; only structure to be a "Negro Dancing Pavilion" (figure 5). Since the late 19th century, Virginia Key has held a special meaning to the black people of South Florida. Runaway slaves and their deNoendants colonized the island before commercial interests even began to arrive in Dade. In 1945, Virginia Key beach was opened "exclusively" for black people, and remained at `colored beach" until the '60's. In observance of the separate but equal doctrine, many of the facilities on Key Riseayne's Crandon Reach were replicated on Virginia Key. Some of these structures, including a carrousel housing, still remain today. Recognition of the campground site as a former segregated beach and the designation and preservation of important structures and areas should be seen as a central component to any campground on the island. AN FCO-CAMPGROUND A low -impact environmental destination campground with an emphasis on education, preservation, restoration, and coexistence with nature would best serve to preserve and protect Virginia Key's unique environmental and historical features for future generations. A focus on the wilderness experience, and the specialized characteristics of South Florida's ecology could easily be augmented by natural -state amenities and attractions designed to enhance: the patrons' appreciation and understanding of Virginia Key. The enteilainment factor of the destination campground could be easily provided by bus and tram trips to major attractions on Virginia Key and within the City of Mituni. C:itiven involvement in the restoration and maintenance of such a campground would add to the community's, appreciation and knowledge of the island and its ecosystems. City and school -based educational programs incorporated into the campground would greatly enhance the community. 12NQUIRN:lYIENTS FOR THE RSTAHUSH MENT OF A TRUK ECO-CAMPGROUND On 154.8 A('KF,S OF LAND IN T111: F.ASTERN PORTION OF V11WIMA KEY All campground facilities and those amenities not specifically adapted to a certain portion of Virginia Key's ecosystem be limited to the 70+ acres designated as "Public Recreation Space -Closed" On the 1987 Virginia Key Master Plan (Figure 6). For more information on acceptable anreaides and their placenrerrt, see "Ancillary Uses- ."helnw. The 11231..95 drufl RFP calls for 153.82 acre., of land to he developed. (Pg. 2, 17 1.3) The mah in the 1987 WWI iN used for clarity. Please note the acreage Submitted into the public record il� canoc'ciiu-n , ilh item 3 _ _ _ �..� q_l q -S A COMMISSIONER GORT TEL:305-250-5456 Feb H ,y5 1c,:18 No.uu1 N.UL5 i assessment under Public Recreation Space -Closed. The indicated land is the most desirable tract for development for tho following rewwris: (1) This land has already been cleared and raised to a level suitable for development.. (2) Flood insurance rate` for this sector are Substantially lower than these in other areas considered i'or development. (3) By restricting development to the indicated area, coastal hammocks elsewhere on the property can be restored and showcased liar additional revenue (sec below). (4) The remaining hammock will highlight Virginia K.ey's natural beauty, and enliance the wilderness experience of Ole campground patrons. (5) This measure will ensure that a buffer remain between development and the State protected Biscayne Aquatic, Prescrvo & Critical Wildlife Area. All development be in concert with the spirit of the wilderness experience. Two spceific areas of concern arc those amenities which will adversely affect surrounding areas, and those features which separate man front nature. Specific examples of unnecessary facilitie,,; include but arc not limited to: (1) Water theme park (1123195 RFP, Pg. 22, 17. 1.1) (2) Mini -golf course (1123195 RFP, Pg. 23, 17 9.2) (3) Rental Gulf carts for transportation of'palrons (1123195 R1,11, 11g. 23, F. 9.3) (4) Tram/Shuttic 'lours (1123/95 RP'1', 11g. 22. 17 7.0) (5) Boat tours, Dive and Fishing trips (1123195 RFP, Pg. 23 P. 8.0) (6) Tennis and Basketball courts (1123195 RPT,1'g. 22 17 2.0) (7) Recreation Building/Activity Center/Day Caro (1123195 RPT, Pg. 22 f 4.0) (8) Retail sales of boating, diving and recreational equipment (If passed on 2/9/95; 1123195 RFP, Pg. 14, It. 2.4) Fresh water swimming facilities would be acceptable, providing that they are located in such a manner as to minimize environmental impact. Specific examples ol'those amenities and attractions which are designed to enhance the wilderness experience can be seen in "Ancillary uses.,," below. The campground be a "Low impact facility". Establish a panel of professional scientists, statisticians, concerned citizens, and regulatory agencies that will work closely with developers at all stages of development. In order to protect Virginia Key's sensitive environments, great care should be taken when planning for development. An environmental impact study could easily determine how many of each type of camp site, (RV, group, tent, cabin, etc.) could be used in order to maximize revenue and minimize environmental damage Set all limitations based on a maximum number of patrons, nat a maximum number of camp sites. Cowiron mental impact should be calculated before this number is determined. In order to minimize the impact on regions surrounding the campground, the maximum number of people per acre the property can accommodate niiist calculated. The current RFP allows for more than 10,000 patrons (excluding public visitors) within 153.8 acres. (P1;. 20, 1l. 6; Pg, 21, ff 3; Maximum number arrived at by mulliplying 500 eampsiles yy 20 oe more individuals per group camp sile). Submitted into the public record in cc3nnec 4ion with itern 3 C-51: �_q s 9 5 ME CNMISS10NEk GUk I ILL' e0 Ub , `j5 1U ;:'U rvu , QUI r , Uu Provisions be made for tho identifleation, preservation, and restoration of those existing structures with historical value or cultural appeal. Structures which were part of the segregated beach Should be restored and preserved as a historical landmarks. These facilities will provide today's youth, and the youth of tomorrow with a tangible reminder of the injustices which black people endured for centuries on the American Continent. 'rhe buildings of the "Fishing Village" (where "flipper" was Mined) could easily be includod into the development plans and preserved as historical landmarks. These lagoon -front structures could be converted into museums and restaurants for profit. One of the preserved structures(Preferably from the segregated beach), should be rented out to the Black Heritage Museum of Miami (ltormcrly located in the Bakery ('enter ) or the Black Archives. Ensure that all regions currently zoned "CS" remain zoned " CS". Any development on these areas would have a dutritmental effect on the, envirorunent of that region as well as surrounding environments. Zoning changes of extremely small areas may be allowed to permit the use of the "Fishing Village" as an attraction or restaurant site. A mana.lee observatmy may be opune d to the public at Lamar lake. See 'Wncillary uses... "fiar more lnfbi-motion. Use of the "Shrimper's Lagoon" (Lamer lake) as a marina for dive/fishing/touring boats would have a severe impact on a large number of manatees which use this lagoon for feeding and mating. This: sort of activity should be distinctly forbidden. In an effort to reduce harmful impact (in son turtle species which use Virginia Key's beaches to lay eggs, all lights on the campground and related facilities ,should be shielded in the direction of the beach. Tltis can easily be accomplished by affixing a metal shield to lighting fixtures. Additionally, as stated in the 1/23/951tIrPft. 27, If 3.3) no lights should he used near the shore. In an effort to preserve the underground flow of tides to the sen4tive tidal marsh and brackish pond ecosystems on the island's southern end, require that a general limit be placed n the depth that may be dug (for fresh water facilities, building foundations, etc.) at any point on the campground to the south of the Fresh water facilities: impact line. (See Figure 7) The location of this line was an-ived at by analyzing hydrological flow charts for the island, In an effort to maintain and improve beach stability: (1) Provide for the protection of Virginia Key's few remaining dune community plants during the course of development and after the campground is in place. (2) Allow or promote student -led efforts to replant Kea oats along Virginia Key's beaches. Sea oats are one of the most effective methods of shoreline stabilization found in nature. This type of grass is predominantly responsible for the existence of dunes on Virginia Key, For the past five years, elementary and junior high school students enrolled in 4-11 clubs have been planting .sea oats on Virginia Key's beaches. Many of the dunes which are present on Virginia K(y are there as a result of these students' actions. Submitted into the public record in connection vviffi item 3 c» .? `�i i 5 9 5— 83 iE�c�.t�7 Hirai City Clerk CUMMISSIUNLk bUk1 ILL reo ud,y5 iu-Zlu NU .uus r.ur of Aside from benefiting the Key's beaches, this exercises teaches students the importance of caring for and protecting the environment, It should be noted thut sea. oats plantings and replanting are a part. of 4-H's marine related objectives for Florida. For (his reason, it can be expected that these plantings will owur well into the Cuture. Prohibit beach usage everywhere on the island except for the public beach. Due to dnngerousc currents which uxiea near 11onr Cut, nuno of the islands' heAches- save the public beach can he safely used by swimmers. (1) Provide for the educational usage of the island for students of the City of Miami as well as Dade County. (2) Provide research and lodging opportunities for college or graduate students needing to conduct field work or research in conjunction with The University of Miami's Rosienateil Campus. All educational uses of the island should place an equal emphasis on teaching students about South Florida and Virginia Kcy's unique environments And actually allowing the students to take part in restoration ef1brts. Students who help plant tnangrovc,s or sea oats usually Icel as if they have helped the environment. Inner City - based educational programs are of great importance to the community. These programs could help inner city children leurn about a much broader world than they ure exposed to on a daily basis while enioving the key's facilities. Grade school through high school educational programs arc optimum ways to increase students' knowledge and understanding of South Florida's ecology while motivating them to get involved in maintaining; raid preserving the envirotunent. one or more group camping facilities could be reserved to serve for a dormitory for visiting college and graduate students. Restore and showcase Virginia 'Key's unique environment and history. 'I'lte Resunution of Virginia Key's hammocks and marshes to a natural state would accommodate the marketing of tite campground as art "eeo-campground" installation a stature center and nature trails would ul low visitors better appreciate and understand Virginia Kcy's unique history and ecology, The developer's cost ofrestoration could be mitigated by allowing citizen groups (like the University of Miami's Earth Alert, the Sierra Club, 4-I1 Clubs, and high school coofogY clubs) to take on the re -planting process as a project. If past community interest in Virginia Key's restoration is used as an indicator, it appears that there would be no shortage of manpower. As restoration of cx►ustal communities is becoming more colnlnon in South Florida (several projects were rccvn(ly initiated on Key Hiscaync) there are several precedents which a. developer could follow, It may prove more (x)st effective for the developer to initiate a "long term" restoration project, This could be done by planting Smooth C.ordgrass (S. Alternil'ora) and other types of vegetation which stabilize substrate, provide and trap nutrients, and ptonwte natural colonization of mangrove propagules (Lcwis, 1982). "Long term" restoration is far cheaper (Cordgrass costs only $30 for 1,000 sprigs) than purchasing mangrove and other marsh plants and has a much greater educational value as visitors can actually witness different stages in the birth Ol'an eco-system (Lewis, 1982), Developers should consult Creation and Restoration c?1'Caa,rtal Plant Communities by Roy R. Lewis, 11] ( CRC publishing, IS11N # 0- Submitted into the public record in corm ecti on with item i 3 01.. �L I 9 Iss P,Iatty Hirai City Clerk l.UHM1551UNLK UUKI IEL:%Ut>-2bU-545b reu uOIy5 lu-[L Nu.UU1 r.U0 8493-6573-2) for nationally recognised standards and guidelines for restoration projects. ANCMIARY USES OF A TRllw; FGU-CAMPGROUM1n The: following environmentally oriented attractions and amenities would promote the wilderness appeal of an eco-campground w; well as capitalize on Virginia Key's utuque history and ecology. figure 7 shows suggested, low environmental impact locations for campground amenities and attractions. Note that only items l -8 would be allowed outside ofthe boundaries ofthe actual campground site. 1. Canoe trips Canoe trips provide an environmentally friendly way to view nature. without disturbing it. Guided or unguided canoe trips could showcase mangrove ecosystems and allow visitors to catch a glimpse of manatees, or any of the island's several species of birds in their natural habitat, Guided midnight canoe trips have recently become quite popular among; residents South Florida. These relaxing voyages could easily be incorporated into the campground's plans to allow patrons to view nocturnal species and learn about astronomy. 2. Jimlbo's/"Fishing Village" restoration The Dishing Village on l,ainar lake is one of the most picturesque places in South Florida. Restoration of this one-time movie set could produce an ideal attraction. Some of the buildings could be modified to house 1 st class "lagoon -front" dining facilities, museums focusing on the island and South Florida's ecology or history, or a variety of other low -impact attractions. 3. Snorkeling Tours Guided snorkeling tours could teach patrons about abundant marine life in South Florida's scagran beds. The tours could originate near the current public beach and showcase offsllore seag r,tss coll]mlillitics. 4. Astronomy/bird tower A tall wooden or metal framework could be erected near or on the uncontrolled landf ll site oil the border of the critical wildlife area. The tower could house telescopes and allow giatrons to view the many species of rare and endangered birds which frequent the mangrove, This type of observation is ideal as it does not disturb or impact the wildlife area. At night, the structure could double as an astronomical observatory. Tho structure would have to be slightly taller than the tree tops, but would be requiiu4 to be unobtrusive mid barely noticeable from the City of Miami. 5. Black Heritage Museum A black heritage museurn should be placed either in one ofthe buildings from the exit of segregation, or in the Fishing Village. This attraction would showcase black history in South Florida and highlight the importance of Virginia Key to the black people. 6. Nature Carter A nature center would provide visitors with information on the importance ofthe ecosystems and species Present on Virginia Key. The center would have to be staffed by those who are very knowledgeable in South Florida's ecology and the intricacies of Virginia Key. Educational facilities should definitely be incorporated into the nature center. 7. Naturc trails Nature trails would be a key component to an eco-campground. "the paths shall be formed of a natural foundation (i.e. mulch), and will be regularly be adorned with detailed placards to identity native species of trees, shrubbery, geological and botanical formation. Submitted into the public record in connection �,rith item ) 3 19 19s 9 5 — 83. J.y.L.irc.i cil.y Llez:lr. COMMISSIONER GORT TEL:305-250-5456 Feb U8,91� 1U:2L No.uUI r.Uy 8. Manatee Sighting Pier A low impact manatee sighting pier could be incorporated into Lamar Lake, if feasible, this pier could oxtend under water with Plexiglas walls and allow patrons to sec Manatees in their natural habitat. 9. Student Rescarch Center A research Conter for students could be used by high school and college/graduate level students (or scientists) who noM to conduct research on Virginia Key. This facility should be equipped with scientific equipment and be accessible to the public by appointment. 1.0. Fresh Water Facilities Development may include as an optional ancillary use, fresh water recreational swimming areas, (i.e. pools) which shall not exceed 4 total acres in size, inclusive of Parking areas. 'These facility is intended to principally serve the campground as an extension of recreation and environmental programs for the tenants. Pools must he Placed to the north of the Fresh water facilities line on Figure 7. 11. Picnic facilities, General store, Restaurants Picnic facilities (including outdoor cooking facilities), a general store for the needs of patrons, and Sit-down and/or carry out eating facilities should be providod. All structures must be unobtrusive and conform to the spirit of an ec:o-campground. 12. Tram/Bus Services Tram and bus services should be provided to transport patrons to other attractions within the City of Miami said on Virginia Key. Submitted into the public record in cone clion vvith item 1 on 14.o.flL2r Hirai Cite Clerk 95- 83•' l.Ul°1M1bb1UINEK vUK I ItL:JJ�-��,UT��IJV ruu VOiJJ 1V•�� ��� •VV1 i .1v Works Cited Lewis. Roy R,(1982).0 r='on andJkk.quWjQD if Coastal Plaat Com ni ties CRC' Press, Boca Raton, Florida. Odin, William 1.. (1985). T ecolo�,y of thye Maturcw Qf' nth Florida:, a i i�Iriu�U.nity Profile. University ol'Virginia press, C:harolettesville. Moss, Sandra (1987). The bade :o Hnt•, ayironmentaly Environmental Wi rniation Services, Miami Springs, FL. Wcttdscuh, M.V. (1994). Unpublished study: 'e imentation cm Virginia 1Cey Submitted into the public record in v ith item on _.?L�---- i'-"T -Ii-A Hixcti Ci.i:I Clerk 95 - 83 LUMIli551UIVEK UUK I ILL —rl c'�i Il � � � � r 4 f r�' x > d.44 L i I-eU ljosy7 lU.LJ I4U.UU1 r.11 Submitted into the public record iii cone.--c-ion with item 3 0I11l9 —IRS D` 7,ali liirc.i City Clerk 95- 83 .%%TUiW,-, NM' SOU'VIIERLY :,,�1F'1' 0;Ii:ACH SAM) TKTO AR)"A WA i 100,000 !t, hOG,C:.,.(i G(Iitl.C: YARDS PEi; YEAR IT10A T() ),ILo f;;'.A(;L rSY V?:R;I.II irT CUT. SEAGRASS COVER p t 2 Mlles Figure 1. Map of Key Biscayne area shc.)wirip associaLed iuicts, shallow littoral sand platforms (:;tippled), area; of seagrr;r;s cover (bla :k) and di.rection.s of ti(IA currents at inlet: and of. net 1 i tt.oral drift ila„g the shore- (arrow:;). Submitted into the public record in connect on with item 13 on z � ��cL� 95- 3 Cite Clerk C011MISSIONER .CURT 1 EL :305-250-545b Feb 08 -y5 lu *.2s Pao . uul H.16 abo� ,sere �j, / / / '�• / r 1 1 r J / J r r r .UT 8 eA R . Submitted into the public record in cone -section with item I on Mt atty Hirai City Clerk C.q.• "� +rr�nlorrfhl4rALnpr �l ��ro/lnv� 04-roll rTndti.:, y� goAof..e.Ma+dnn•F/a^'dwwaf+�tb�icw.k�•*+,o67'i �p /mow;Ofra+.,�r/H;a?;�...rska 95- 83 EXISTING LAND USE mop"?> m ptwx Mw"9 flOM P"LIC BaCN - OP M "LC BHCII - CLOM ORLOGQ PILL MMA, Qam" 77CA'1 om P.Axr PRPAVM MArd" McMEAMM PUBLIC m~ QP7BIr70M PUBLIC VAWW BMM"W2 ® MtETIT rKMAL MA OW RCKAMCM ® COIIMO CIAL U}IARN4 szp-nmaw ® COPlrMIAL nwmn QW11lflllleCJITAid ROAGYAT -'MANBPCIPtATIOR VIRGINIA KEY M A S T E R P L A N contribute to the accumulation of new sand deposits and thus help stabilize shoreline conditions. Developed Land - Approximately 250 acres or 25' of the island has been developed for commercial activities, public facilities and utilities. EXISTING LAND USE Virginia Key has approximately 1,005 acres of land area. The public use of the island and those areas which remain in a natural or undeveloped state, is displayed on the accompanying exhibit, Existing Land Use. Undeveloped Open Space - There are 150 undeveloped acres consisting Wprimarily of mangrove tidal O �. marshes and another 120 acres of reclaimed former land fill area ¢ N• which remain barren. Vi jal Public Recreation Space (closed to C." O �• public use) - The former Virginia t:11 Key beach area, 70+ acres of land O O immediately north of Rickenbacker _., Causeway along Bear Cut, retains O closed to public use except for W1 f ,� special events. An eroding beach, 01 1:11 dangerous currents near shore and N, b` a lack of park staff to supervise K r+ r+• �' the area has necessitated the 00 Q ffv� closure. Concerts are G.� r• periodically scheduled for large groups. Public Recreation Space (open to publie use) - The easternmost shore of the island and the abutting coastal hardwood hamfrock was opened in June of 19s36 as a 51 acre City park. Limited concessions, parking lots and lifeguard tourers have been added to facilitate public use. Public Beach (open) - The new Farr with 5000 feet of beachfront (see above) and the causeway right -of Way bordering 4500 feet along '.he bay are active and heavily used public water sports recreation areas. Swimming, wind -surfing, sailing, and snorkeling are a part of the daily activities drawing thousands of enthusiasts. Public Beach (closed) - As state: above, the hazardous swimnfnc conditions along the 3000 feet of the former Virginia Key Beach and the lack of funds to staff and maintain the area has required its closure. closed public beach and park (left) and newly opened city park and teach r' r U C cr r n u U Z U a c r_ c� C c C 7 cr L,Ujjtjj>bJUNEK UUKI rUU ju"�, 14U.001 r.,U - WAN Submitted in -to the public record in ccnne-cilicn -v-,,-ith item 1 3 on R-19 19s; Malty Hirai, 95- 8 3 C; y C'r-'r":