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HomeMy WebLinkAboutR-95-0280e J-95-356 4/27/95 RESOLUTION NO. 9 5 2 8 A RESOLUTION, WITH ATTACHMENT, RESCINDING THE REQUEST FOR PROPOSALS ("RFP") FOR THE MEGA YACHT MARINA ISSUED ON FEBRUARY 21, 1995, PURSUANT TO RESOLUTION NO. 95-81, ADOPTED FEBRUARY 9, 1995; AUTHORIZING THE ISSUANCE OF AN RFP ON MAY 1, 1995, IN SUBSTANTIALLY THE ATTACHED FORM, FOR A UNIFIED DEVELOPMENT PROJECT ("UDP") CONSISTING OF THE DEVELOPMENT OF THE MEGA YACHT MARINA AND RELATED USES ON APPROXIMATELY 29 ACRES OF CITY -OWNED WATERFRONT PROPERTY LOCATED AT WATSON ISLAND MIAMI, FLORIDA, AS REQUIRED BY CITY CHARTER, SECTION 29 A(c) AND CODE SECTION 18-52.9. WHEREAS, the City of Miami Charter Section 29A(c) allows for Unified Development Projects ("UDP") where an interest in real property is owned or is to be acquired by the City and is to be used for development improvements; and WHEREAS, on June 30, 1994, pursuant to Resolution No. 94- 448, the City Commission determined that the development of the Mega Yacht Marina and related uses on approximately 29 acres of City -owned waterfront property, located at Watson Island, 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 Mega Yacht Marina and related uses, shall consist of an integrated package from the private sector that includes planning, design, construction, leasing and management of the proposed improvements; and � 'AGNE CITY COM OSSION MEETUIC OF. APR 2 7 1995 Resolution No. 95- 280 WHEREAS, Resolution No. 94-448 further authorized the City Manager to prepared a Request For Proposals ("RFP"); and WHEREAS, at a public hearing held on February 9, 1995, the contents of the RFP was considered and Resolution No. 95-81 was adopted by the City Commission, authorizing the issuance of said RFP on February 21, 1995; and WHEREAS, subsequent to said issuance, it was determined that modifications to the RFP were required to more appropriately address current financial market conditions and other considerations, and such modification have been deemed to be substantive in nature by the City Attorney; and WHEREAS, the City Attorney recommends that for the implementation of such modifications, the current RFP be rescinded, and a new RFP be issued; and WHEREAS, the City Charter requires a public hearing be held to take testimony regarding the contents of the RFP and therefore a duly advertised public hearing is being held on this date for said purpose; and WHEREAS, City Charter, Section 29A(c) additionally requires, at the conclusion of the public hearing, if the City Commission is disposed to proceed, authorization for the issuance of an RFP, selection of a certified public accounting firm, and appointment of members to a review committee consisting of an appropriate number of City officials or employees and an equal number plus one of members of the public, whose names shall be recommended by the City Manager; and 2 95- 280 WHEREAS, the appointment of members to a review committee and selection of a certified public accounting firm will be made at a later date by the City Commission; 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 Request for Proposals ("RFP"),issued on February 21, 1995, pursuant to Resolution No. 95-81, adopted February 9, 1995, for the development of the Mega Yacht Marina and related uses on Watson Island is hereby rescinded in its entirety. Section 3. The City Manager is hereby authorized to issue an RFP on May 1, 1995, in substantially the attached form, for the Unified Development of a Mega Yacht Marina and related uses on approximately 29 acres of City -owned waterfront property located at Watson Island, Miami, Florida. Section 4. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 27th day of April, 1995. STEP EN P. CLAR , MAYOR ATTEST: , CITY CLERK -3- 95- 280 PREPARED AND APPROVED BY: 'rIiMA K. KEARSON ASSISTANT CITY ATTORNEY W1551kk:csk:LKK APPROVED AS TO FORM 1 F/ 02, 0,11 ff-'a 4k4;p,.j4 9 -4- 95-- 280 ATTACHMENT (RFP) IN SEPARATE FOLDER WITH BACKUP PAPERS 95- 280 TO Honorable Mayor and Members of the City Commission n FROM : Cesl city RECOMMENDATION: CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM DATE i APR 18 1995 FILE SUBJECT :Resolution Authorizing Issuance of RFP for Mega Yacht Marina Property UDP REFERENCES' for City Commission ENCLOSURES. Meeting of 4/27/95 It is respectfully recommended that the City Commission adopt the attached Resolution, rescinding an RFP for the Mega Yacht Marina issued on February 21, 1995, pursuant to Resolution No. 95-81, further authorizing the issuance of a Request For Proposals ("RFP") on May 1, 1995, in substantially the form attached, for a Unified Development Project ("UDP") consisting of the development of the Mega Yacht Marina and related uses on approximately 29 acres of City -owned waterfront property located at Watson Island, 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, further authorizing the City Manager to negotiate and execute an agreement, in a form acceptable to the City Attorney, with the selected CPA firm. 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 June 30, 1994, by Resolution No. 94-448, the City Commission declared the development of the Mega Yacht Marina and related uses on approximately 29 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. Pursuant to Resolution No. 95-81, an RFP was issued on February 21, 1995 for the development of the Mega Yacht Marina. Subsequent to said issuance, it was determined that modifications to the RFP were required to more appropriately address current financial market conditions and other considerations, and such modifications have been deemed to be substantive in nature by the City Attorney. The City Attorney has therefore recommended that the existing RFP be rescinded and a new RFP be issued reflecting said modifications. 95- 280 Honorable Mayor and Members of the City Commission Page: 2 The modifications to the RFP as authorized on February 9, 1995 are attached hereto with the deleted provisions stFueli thi-ough and new provisions underlined. In accordance with City of Miami Charter Section 29-A(c) and City Code Section 18.52.9, a public hearing has been scheduled for April 27, 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 consisting of an appropriate number of City Officials or employees and an equal number plus one of the public, whose names shall be recommended by the City Manager. A competitive selection procedure was initiated by the Department of Development which solicited proposals for evaluation services from minority CPA firm's certified by the City of Miami. Proposals were received and evaluated according to an established criteria and value point system. The top ranked firm was Goldstein, Pastroff, Barja & Co., a woman -owned business entity fully certified with the City of Miami's Office of Minority and Women Business Affairs, in association with Horwath Consulting Inc., also a woman owned firm. The second ranked minority owned firm was Freeman, Dawson and Associates, P.A.. Furthermore, the following individuals are recommended for appointment to the review committee for this UDP Project: Members of the Public - Manny Fernandez (nominated by Mayor Clark) - Matthew Cicero (nominated by Commissioner DeYurre) - Oscar DeLaguardia (nominated by Commissioner Gort) - Captain Bob Lewis (nominated by Vice Mayor Plummer) (nominated by Commissioner Dawkins) Members of the C4 - Lori Lutes, Asset Management and Capital Improvements - Chief Carlos Gimenez, Department of Fire and Rescue - Allan Poms, Public Works Department - Courtney D. Allen, Department of Development Attachment: Proposed Resolution Draft RFP 95- 280 019:. Jv�l Lll'LtLMrI1VUJIr�U'HJJLI r11U1M1+ !'JG'J�l + 1'YfR�J Lill Vr tlildilll- JUJ0:1011U1++2 .1 t7 CITY OF MIAMI, FLORIDA INTER -OFFICE MMEMAORAMDUM IQ: Matti+ Hirai DATE , April 12, 1995 FILE City Ulerk s JUECT Request for Advertisement Public Hearing for UDP Process FROM : Herbert J. Bailey Fc>�i1RFs ERENCES Assistant City Mwager Department of Develop` The Department of Development request that your Office have published the attached "Notice of Public Ilearing" for the Mega Yacht, Marine Stadium, and Virginia Key Campground UDP's. The advertisement notifies the public regarding the public hearing scheduled for April 27, 1995 at 10:00 a.m. for these UDP's. Please charge the cost of the advertisement to account nunibur 4590101-287. ' (.bank you for your prompt attention and euoperation in this matter. 95- 280 Jl,.+1/ 1..1 `IiL1 /lt.4Jl+tt� AJJ�.1 +tlUrhl + Y la. WU r I "14L dl r %.1 11 V1 :►l1t1.1l1-' Junco! /UI IF- 01 0 CITY OF M.IAMI, FLORIDA NOTICE OF PUBLIC HEARING A PUBLIC HEARING HAS BEEN SCHEDULED FOR THE CITY COMMISSION MEETING OF APRIL 27, 1995 AT 10:00 A.M. TO TAKE TESTIMONY REGARDING THE CONTENTS OF THE DRAFT RFP FOR THE DEVELOPMENT OF THE MEGA YACHT MARINA AND RELATED USES ON CITY -OWNED WATERFRONT PROPERTY LOCATED AT 'WA'I'SON ISLAND. AT THE CONCLUSION OF THE PUBLIC HEARING, THE CITY COMMISSION dVILL 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 C.'ammission 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 CLERIC CITY OF MIAMI, FLOR11DA 95- 280 INCOAa �BAT[0 q. y �4 CIO., Fx'04 REQUEST FOR UNIFIED DEVELOPMENT PROPOSALS FOR TIDE WATSON ISLAND MEGA -YACHT MARINA WATSON ISLAND MIAMI, FLORIDA ISSUED: May 1, 1995 CITYOF MIAMI Stephen P. Clark, Mayor J.L. Plummer, Jr., Vice Mayor Victor H. De Yurre, Commissioner Wifredo (Willy) Gort, Commissioner Miller J. Dawkins, Commissioner Cesar H. Odio, City Manager A. Quinn Jones III., City Attorney Prepared by: Department of Development & Housing Conservation Development Division 300 Biscayne Boulevard Way Suite 400 Miami, Florida 33131 Tel. (305) 579-3366 95- 280 4., Chi#g of � Ktazrci HERBERT J. BAILEY Assistant City Manager May 1, 1995 Ladies and Gentlemen: CESAR H. ODIO City Manager Thank you for your interest in the Unified Development of a Mega Yacht Marina, and related uses on approximately 30 acres of City -owned, waterfront property and adjacent baybottom land located at Watson Island, Miami, Florida. Enclosed is the City of Miami's Request for Proposals (RFP) which contains 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 Project. Responses to this RFP are due no later than 2:00 p.m., Tuesday, August 1, 1995 . The City retains the option to require a more extensive and detailed submission prior to final selection of a developer should the selection process warrant a second stage review, as well as the right to reject all proposals at any time prior to entering into a lease agreement as contemplated by the RFP. Please carefully review all of the enclosed documents. Proposals must comply with all requirements of the submission detailed in the RFP to be eligible for consideration. All information and material submitted 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 substantiating the 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, 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. DEPARTMENT OF DEVELOPMENT AND HOUSING CONSERVATION/DUPONT PLAZA CENTER 300 Biscayne Boulevard Way, Suite 400-401/Miami, FL 33131 DEVELOPMENT DIVISION (305) 579-3366 / HOUSING DIVISION (305) 579-3336/felecopier: (305) 371-9710 95- 280 kk&.. May 1, 1995 j Page Two 1 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 to 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. No additions or modifications may be made to the proposals and the entities 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 and/or its consultants subsequent to the submission deadline. Contact with the City, except for public hearings and presentations, regarding this RFP or any aspect of a proposal by a proposer or any representative of a proposer shall be limited to the City Manager or his designee, Herbert J. Bailey, Assistant City Manager, until such time as the selected proposer is determined by the City Commission. All questions or requests for additional information should be addressed in writing to Herbert J. Bailey, Assistant City Manager, City of Miami, Department of Development & Housing Conservation, 300 Biscayne Boulevard Way, Suite 400, Miami, Florida 33131. Any response to such questions or requests that could potentially impact proposals will be furnished to all proposers in the form of an addendum. The City will conduct a Proposal Pre -Submission Conference on Tuesday, May 23, 1995 , 10:00 a.m., at the Department of Development offices to explain the requirements of this RFP and provide an opportunity for prospective proposers to raise questions and/or issues pertaining to this RFP. While attendance at the Pre -Submission Conference is not a condition for offering proposals, all prospective proposers are invited to attend. Proposals must be delivered to Matty Hirai, City Clerk, (First Floor Counter), City Hall, 3500 Pan American Drive, Miami, Florida 33133 by 2:00 p.m. Tuesday, August 1, 1995 . A list of proposers will be made public on that day. Sincer , Cesar H. Odio City Manager 95-- 280 At, T. 5 T WA'('SON ISLAND Vi.(-"W -I..,00ki.fig North WA`1'S0N IS1,AN1) Vid-.ry I.otivards DO M.ialni TABLE OF CONTENTS Page I. PUBLIC NOTICE.................................................................................1 II. OVERVIEW A. Introduction.....................................................................................2 B. Location and Characteristics...........................................................3 Figure 1. Regional Location Map ............................. after page 3 Figure 2. Area Location Map .................................... after page 3 C. Site Description................................................................ .............3 Figure 3. Site Location Map ...................................... after page 3 Figure 4. Existing Conditions .................................... after page 4 D. Current and Proposed Infrastructure Projects.................................5 Figure 5. Infrastructure Projects ................................. after page 5 Figure 6. MacArthur Causeway Bridge Underpass ... after page 5 Figure 7. Heliport Master Plan ................................... after page 5 E. Appraised Value.............................................................................6 F. Lease Term......................................................................................7 G Financial Return to the City.............................................................7 H. Taxes...............................................................................................8 I. Zoning...............................................................................................8 J. Unified Development Proposal SelectionProcess........................................................................9 K. Unified Development Schedule......................................................10 III. REQUEST FOR PROPOSALS GENERAL REQUIREMENTS A. Declaration as a Unified Development Project...............................I I B. Commitment of Funds.....................................................................11 C. Commitment of Property.................................................................12 D. Commitment of Services.................................................................13 E. Execution of Contracts....................................................................13 F. Right of Termination........................................................................13 IV. PROPOSAL DEVELOPMENT REQUIREMENTS A. Development Objectives.................................................................14 B. Use..................................................................................................15 C. Proposed Site Improvements..........................................................17 Figure 8. Alternative Access Road Alignment ............. after page 17 D. Permitting and Licensing................................................................20 E. Estimated Construction Cost...........................................................20 F. Financing Strategy...........................................................................20 G. Development Schedule...................................................................20 H. Composition of the Development Entity........................................21 I. Development Proposal Contents......................................................23 J. Method of Operation........................................................................24 K. Minority Participation.....................................................................24 V. PROPOSAL SUBMISSION REQUIREMENTS A. Submission Procedures...................................................................25 05-- 280 00. TABLE OF CONTENTS (Continued) VI. EVALUATION CRITERIA A. Initial Review..................................................................................26 B. Review Committee Evaluation.......................................................27 C. CPA Firm Evaluation......................................................................29 VII. TERMS AND CONDITIONS TO BE INCLUDED IN LEASEAGREEMENT.......................................................................30 APPENDIX A. City of Miami Charter and Code Sections: Pertinent Legislation APPENDIX B. City of Miami Minority and Women Business Affairs and Procurement Program (Article IV.5., Sections 18-67 - 18-77 of the Code of the City of Miami), Ordinance 10062 and 10538 APPENDIX C. Watson Island Master Plan (selected excerpts) EXHIBIT I. Sketch of Survey (includes Legal Description) EXHIBIT II. Declaration, Professional Information, and Financial Disclosure Forms EXHIBIT III. Minority Participation Forms EXHIBIT IV. Biological Assessment of Submerged Lands EXHIBIT V. Watson Island Deed 95- 280 919 I. PUBLIC NOTICE The City of Miami is seeking Unified Development Project Proposals for the development of a Mega Yacht Marina and related uses on as much as approximately 30 acres of City -owned waterfront property and adjacent baybottom located at Watson Island, 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 15.58 acres of UvLand and 14.1 acres of bay bottom in Biscayne Bay. The total acreage !2 the PropeM is approximately 29.66 acres • approximately 15.58 acres of upland consisting of Parcel A j 4.95 _acres) and Parcel B (16,63 acres, and 14.08 acres of bay bottom submerged lands A 1.22 acre public roadwav lies between Parcels A and B. The upland site is divided into two parcels, A & B, by a public access roadway serving the island. The proposed leasehold Site does not include the roadway right-of-way which will be 50' in width. Parcel B is included in this offering one if a proposal contains a hotel use as an ancillary service to the marina. Proposals that do not include a hotel use shall be confined to Parcel A and the submerged lands. All proposals shall be submitted in accordance with the Request for Proposals document (RFP) which may be obtained from the City of Miami Department of Development and Housing Conservation, 300 Biscayne Boulevard Way, Suite 400, Miami, Florida 33131, (305) 579-3366. This document contains detailed and specific information regarding the parcel of land contemplated for development, the uses the City is seeking, the submission requirements and selection procedures pertinent to this Unified Development Project. The City will conduct a Proposal Pre -Submission Conference on Tuesday, May 23, 1995 , 10:00 a.m. at the Department of Development offices. While attendance at the Pre -Submission Conference is not a condition for offering proposals, all prospective developers are invited to attend. Proposals must be delivered to Matty Hirai, City Clerk, City Hall, 3500 Pan American Drive, Miami, Florida 33131 by 2:00 p.m., Tuesday, August 1 1995 , and will be publicly opened on that day. The successful proposal will be subject to City Charter Section 29-C of the City of Miami, which states that any subsequent lease of the subject Property shall be approved by a majority of the votes cast by the electorate at a referendum to be held at the next regularly scheduled general election. 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. 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 to the development proposed thereon. Cesar H. Odio City Manager 95— 280 W II. OVERVIEW A. Introduction The City of Miami (the "City") is seeking Unified Development Project Proposals from qualified and experienced developers for the development of a Mega -Yacht Marina and related uses. Proposals may include a hotel and retail service complex. The Property, located at Watson Island, Miami (the "Property"), is comprised of a total area (upland and baybottom) of approximately 30 acres. On June 30, 1994 the City Commission adopted Resolution No. 94-448, declaring that the most advantageous method to develop certain improvements at the Property is through the Unified Development Project (the "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. On April 27, 1995 , the City Commission adopted Resolution No. 95-280 authorizing the issuance of this Request for Proposals (the "RFP") on May 1, 1995 , 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 Downtown/Watson Island 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 City 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, May 23, 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., Tuesday, August 1, 1995. A list of proposers will be made public on that day. i 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 by not substantiating the financial capability of a prospective proposer, or not meeting the minimum i 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, 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 to the development proposed thereon. 95- 280 Right Tq Reject 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 subsection (c) Unified Development Projects, of Charter Section 29-A. B. Location and Characteristics The Property to be developed is located on Watson Island, an 86 acre man-made island, one-half mile east of the City's mainland, as shown in Figure 1. "Regional Location Map" and Figure 2. "Area Location Map". Watson Island is entirely publicly owned and consists of a number of man-made facilities and environments ranging from local marine boating clubs, public park lands, a Japanese garden, a heliport and Chalk's International Seaplane Base. Along MacArthur Causeway to the east of the Property is Miami Beach, an area known for its famous South Beach historic "Deco District" featuring Ocean Drive and some of Miami's most prominent night spots. Directly to the west is downtown Miami, the largest international banking center in the southeastern U.S. and largest retail district in South Florida. To the south of the Property, across the Government Cut waterway is the Port of Miami, the largest cruise passenger port in the world and fourth largest container cargo port in North America. C. Site Description (a) Location As shown in Figure 3. "Site Location Map," the Property is bordered on the south by the Port of Miami turning basin, the Intercoastal Waterway and Government Cut, a direct deep water (40' depth) access channel to the Atlantic Ocean. To the north of the Property is the MacArthur Causeway (I-395) with direct access to I-95, Miami International Airport, Miami Beach, and Downtown Miami. Adjacent to the Property on the east is Chalk's Airline Seaplane Base, the oldest airline in the world serving the Florida Keys, the Bahamas and the Caribbean. To the west of the Property is the MacArthur Causeway bridge, a bascule bridge being reconstructed as a high-level, fixed -span bridge with an estimated completion in winter 1996. (b) Area The upland site is divided into two parcels, A & B, by a public access roadway serving the island. The roadway will (upon completion of the new causeway bridge) cross under the bridge and link the north and south sides of the island. The leasehold Site does not include the roadway right-of-way which will be 50' in width. Parcel B is included in this offerings if a proposal contains a hotel use as an ancillary service to the marina. Proposals that do not include a Hotel use shall be confined to Parcel A and the submerged lands. 95- 280 r �►►►►I a �i V " ' uC�(I'jI N.W. t7 S7. UUf a > o OMNI „ sf�_d N.W. 16 ST. $ i VENETIAN CAUSEWAY o�ao aDaDDDaocC� �a - �. 14 ST. a[�DD ❑ Cl MAC ARTHUR CAUSEWAY GIBSON PARK i 3 n an a D[a� aa a 9S, ! N.W.12 ST. BICENTENNIAL SITE DD PAR, ATSON l o ISLAND DDDa �c]oDO �. DD ®AR N j � ❑ G � � � m i:L c T�1iLT s 10 =F D — W) pen M. STJ s PORT OF MIAMI 1 .N115 PAR K G� a�' ��►` �° BAYSIDE Eul C BS SD T;CT w ,A K�. Q D G Jasr Lv %AAR'f' e N ? N fA �\ BRILL CLAUGHTON POW ISLAND t AREA LOCATION 280 Figure 2 (c) Property Improvements Existing property improvements are shown on Figure 4, Existing Conditions. Some or all of ! the existing publicly owned improvements may be included in the future leasehold, subject to negotiations. Existing facilities include: o Existing marina with 42 wet slips, mooring piles and rip -rap style concrete seawall. o Marine fuel service facility, including enclosed stricture of approximately 400 sq. ft. and underground fuel storage tanks. o A wood fuel dock and pump machinery. " o A median divided public access roadway, approximately 100 feet in width. o Public heliport facility including two elevated helicopter pads. The City intends to relocate said heliport facility as detailed in Section II-D of this document. The City is currently assessing any potential environmental contamination issues which may effect the subject Property to determine if remediation efforts will be necessary. (d) Existing Utilities A 20" and 12" water main lies 13' south of the centerline of the old causeway right-of-way (public access roadway adjacent to marina). A 36" water main lies adjacent to the south right- of-way line of MacArthur Causeway. Telephone lines are buried approximately 3' outside the north and south right-of-way lines of the old causeway. No sanitary sewers currently exist on the island, however, the City is currently designing a force main that will follow a subaqueous bay crossing from the mainland (north side of Bicentennial Park) along the south side of the new fixed span bridge to the island in the vicinity of the north end of the existing marina. (e) Biological Survey of Baybottom A biological survey of the submerged land area of the marina was commissioned by the City of Miami and conducted by the Dade County Department of Environmental Resources Management on July 6 and September 1, 1994. The findings of the survey revealed "no significant epibenthic communities" and concluded with a qualified opinion that the mega - yacht marina could be constructed. The full text of the Biological Assessment CC94-176 is included in Appendix Exhibit IV. - Biological Assessment (Note: Survey also refers to a potential "conventional marina" on the north side of Watson Island that is not related to this project.) The Property and facilities will be open for inspection to prospective proposers by appointment only. Contact Eduardo Rodriguez, Director of Asset and Capital Improvements Management, at telephone (305) 372-4640 for an appointment. 95- 280 D. Current and Proposed Infrastructure I Improvement Projects 'i I Several major infrastructure and development improvement projects on Watson Island are currently underway or in the active planning phases. As illustrated on the accompanying map Infrastructure Pr 'ects, Figure 5, these include: k dal MacArthur Causeway Fixed Span Bridge - Currently, the MacArthur Causeway connection to Watson Island from Interstate 395 relies on a bascule bridge over the Intracoastal Waterway that opens regularly except during rush hours. The traffic delays from bridge openings are substantial, and on peak weekend periods, traffic to and from Miami Beach can suffer 30 minute to 1 hour delays. A new fixed span (65' clearance) bridge will eliminate these delays and is due to be completed in 1996. l Just as significantly for Watson Island, the new bridge is raised on piers for 200 feet into the island to allow a two lane roadway and surface parking to be placed beneath the bridge j structure (Figure 6, MacArthur Causeway Bridge Underpass). This roadway will link the two sides of Watson Island, thus allowing elimination of the existing at -grade intersection that serves as the traffic access and egress point for the island. With the two sides of the island linked, all traffic exiting or entering the island will do so on ramps that require only a right turn + merging movement as in an expressway interchange. Current dangerous and difficult left turn movements crossing opposing lanes of traffic will be eliminated as would the need for a ! signalized at -grade intersection. f .(b) Sanitary Sewer Force Main - Watson Island has never been linked to the regional sanitary sewer system. All sanitary facilities on the island are served by septic tanks. The City of Miami will begin final design, construction drawings and permitting for the extension of a sanitary sewer force main to the island in early 1995 with a projected construction completion date in 1996 r (c) Miami Municipal Heliport - Currently located within the Project site is a heliport consisting of two helipads, offices and hangars. The City has recently completed, with the - assistance of the Federal Aviation Administration, a master plan (see Heliport Master Plan, Figure 7) for the relocation and improvement of the heliport to a site immediately east of Chalk's Airline and adjacent to the Government Cut shoreline. Tlus relocation is proposed for 1996. (d) Port of Miami Tunnel - Currently in the preliminary design phase are plans for the construction of a four lane tunnel from Watson Island to Dodge Island to connect Interstate 395 directly to the Dade County Seaport. The approximate tunnel alignment and construction easements are illustrated on Figure 5. Of significance to this project is the "Maintainance of Traffic" plan for temporarily realigning MacArthur Causeway to allow for construction of the tunnel. This M.O.T. route crosses the easternmost portion of Parcel B. Funding for final construction design is presently being applied for by Dade County. Preliminary schedules project a possible start date for the tunnel project, if construction funding is obtained, by 1998- 2000 and completion within five years of the start date. 95- 280 5 _a Qw l MACARTHUR CAUSEWAY BRIDGE UNDERPASS i lPjzsumjwAR4DWo4- SCHEME I CAUSEWAY ACCESS R Figure 6 BELIPORT MASTER PLAN 9 5 — 2 8 0 Figure 7 ,(e) East-West Mass Transit Rail Line A second phase extension of the existing Metrorail mass transit rail system is currently in the preliminary design and alignment alternatives phase. A light rail technology is currently projected to extend to Miami Beach across the MacArthur Causeway. Early design concepts project a separate structure supporting the rail line adjacent to the south side of the new fixed - span bridge. The City of Miami has asked that a station be included on Watson Island and located near the northeast corner of Parcel B. A definitive alignment, station location and construction timetable is not available at the time of publication of this RFP. (F) Reservation The information contained in this R.F.P. is published solely for the purpose of inviting prospective proposers to consider the development described herein. Prospective proposers should make their own investigations, projections, and conclusions without reliance upon the material contained herein. With respect to (b) Sanitary Sewer and (c) Heliport, any lease executed pursuant to this R.F.P. will contain a provision which will at a minimum provide: "Delay - For the purpose of any of the provisions of this proposed Lease, the City shall not be considered in breach of or in default in any of its obligations, including but not limited to the preparation of the Leased Property for development, or the beginning and completion of construction of infrastructure improvements, or progress in respect thereto, in the event of delay in the performance of such obligations due to inability to obtain funding or inability to obtain permits or approvals from governmental entities other than the City, it being the purpose and intent of this paragraph that in the event of the occurrence of any such delay(s), the time or times for the performance of the covenants, provisions and agreements of this lease, including but not limited to the obligations of the Lessee with respect to construction of improvements, shall be extended for the period of the delay(s), or in the event the delay(s) exceeds 24 months, the City may terminate the lease and the City shall not be liable for damages in excess of those verifiable costs of the Lessee in preparing the response to the initial R.F.P, representing liquidated damages". E. Appraised Value 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. Appraisals were conducted on the Property based on the following two development scenarios: Scenario 1.: A leasehold on Parcel A (4.95 acres) and the submerged lands (14.1 acres), a total of 19.05 acres, for the purposes of constructing a Marina and ancillary retail services. Scenario 2.: A leasehold on Parcel A (4.95 acres), the submerged lands (14.1 acres) and Parcel B (10.63 acres), a total of 29.66 acres, for the purpose of constructing a Marina, ancillary retail services and a hotel. 95- 280 31 The first appraisal for Scenario 1, conducted on November 8, 1994, resulted in the following: an estimated market value of S]0.000,000 and a recommended annual minimum guaranteed base rent of ,S400.000 or 8% of gross annual income, whichever is greater. The second appraisal for Scenario 1, conducted on December 2, 1994, resulted in the following: an estimated market value of $6.021.000 and a recommended annual minirnuin guaranteed base rent of S151, 000 or 11 % of gross annual income, whichever is greater The first appraisal for Scenario 2, conducted on November 8, 1994, resulted in the following: an The second appraisal for Scenario 2, conducted on December 2, 1994, resulted in the following: an annual income for Parcel B. whichever is greater. The appraisals are available for public inspection by appointment only. Contact Eduardo Rodriguez, Director of Asset Management for an appointment. F. Lease Term 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 sixty (60) years. G. Financial Return to the City Proposers are advised that the below listed base rent amounts and percentages of gross are the minimum required for proposal submissions and will be subject to negotiated increases in the final lease terms, depending on the extent and quality of improvements proposed. Development Scenario 1: Minimum annual lease payments for this development scenario, which is for a leasehold on Parcel A (4.95 acres) and the submerged lands (14.1 acres), shall be an annual minimum guaranteed base rent of $275,000 (which may be adjusted annually subject to Consumer Price Index increases over the lease term) OR 10 percent of gross revenues for the Marina operations plus 7 percent of gross revenues for the retail component, whichever is greater. Development Scenario 2: Minimum annual lease payments for this development scenario, which is for a leasehold on Parcel A (4.95 acres), the submerged lands (14.1 acres) and Parcel B (10.63 acres), shall be an annual minimum guaranteed base rent of $350,000 (which may be adjusted annually subject to Consumer Price Index increases over the lease term) OR a combined 10 percent of gross revenues for the Marina operations, 7 percent of gross retail revenues , plus 3% of gross revenues for Hotel operations , whichever is greater. 05— 280 7 H. Taxes Excerpt from City Charter Section 29-A, subparagraph (E) 2: "All persons contracting with the City under this section shall be obligated to pay whichever 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." Estimated Current Ad Valorem Taxes Development Scenario 1 Assuming an estimated appraised land value of $10,000,000 for Parcel A (see section II. E. Appraised Value), and a marina and shoreside support space estimated improvement cost of $5,800,000, the total assessed value (land and improvements) would be estimated at $12,640,000 [80 percent of total estimated appraised value]. The resulting estimated annual property tax, based on a 1994 millage rate of 31.1095, would be $393,225. Development Scenario 2 Assuming an estimated appraised land value of $12,716,000 for Parcels A and B (see section II. E. Appraised Value), and an estimated improvement cost for marina, shoreside support space and hotel of $58,300,000, the total assessed value (land and improvements) would be estimated at $56,812,800 [80 percent of total estimated appraised value]. The resulting estimated annual property tax, based on a 1994 millage rate of 31.1095, would be $1,767,417. The above estimates are for illustrative purposes only. Ad valorem taxes, if assessed, will depend on the value of the proposed improvements. I. Zoning Pursuant to the City of Miami Zoning Code, the Property is zoned C-1, Restricted Commercial, as described in the official City of Miami Zoning Regulations and as delineated on the official Zoning Atlas of the City of Miami. Allowable uses for the specified development include: a) hotels b) wet dockage of major private pleasure craft/commercial marinas c) retail and service establishments j d) storage facilities 1 e) fueling services f) concession restaurant with outdoor patio area g) parking lots, garages J h) sale of marine hardware and supplies I) live entertainment j) marine brokerage establishments k) private clubs 1) sale of nautical gifts and sundries m) other related services _i 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 C-1 Restricted Commercial zoning district, refer to the City of Miami Planning, Building and Zoning Department, 275 N.W. 2nd Street, 579-6086. 95- 280 i J. Unified Development Proposal Selection Process 1 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 (see Appendix A) 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 herein in Section VI.A. 3. Evaluation of responsive proposals by a Certified Public Accounting firm in accordance with criteria specified herein 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 acceptance/rejection 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 approval of the negotiated lease agreement and either (a) authorization to schedule the proposed agreement for referendum for the next regularly scheduled general election or (b) 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 to the development proposed thereon, until such time as a lease ! agreement is executed.) -1 11. Referendum by the voters (if applicable as stated above). 12. Execution of lease agreement between the City and the selected proposer, contingent upon vote approval. 95- 280 9 K. Unified Development Schedule (Anticipated) Issuance of the RFP: Monday, May 1, 1995 Proposal Pre -Submission Conference: Tuesday, May 23, 1995 Location: Dept. of Development 10:00 a.m. 300 Biscayne Blvd. Way Suite 400 Miami, Florida Proposal Submission Deadline: Tuesday, August 1, 1995 Location: Office of the City Clerk 2:00 p.m. (First Floor Counter) Miami City Hall 3500 Pan American Drive Dinner Key Miami, Florida Initial Review of Proposals (staff): August, 1995 Review Committee Meeting (instructions): August, 1995 Review Committee Meeting(s): CPA Firm Presentation of its Findings 1 Interviews with Qualified Proposers August, 1995 Recommendation from the Review Committee and CPA Firm to the City Manager: August, 1995 Recommendation from the City Manager to the City Commission for Selection of One or More Proposals (and Authorization to proceed with Lease Negotiations) or Rejection of All Proposals - 2nd Commission Meeting in and scheduling of Referendum: September, 1995 Referendum of Voters for Approval of Selected Proposal at City of Miami General Election: November 14, 1995 Presentation of Lease to Internal Improvement Trust of State of Florida for Waiver of Deed Restriction (contingent upon Voter Approval): December, 1995 Execution of Lease (contingent upon Waiver of Deed Restriction): February, 1996 95— 280 to III. REQUEST FOR PROPOSALS GENERAL REQUIREMENTS This RFP is being issued in accordance with City Charter Section 29 and City Code Section 18-52.9, incorporated herein by reference and included as Appendix A, the following information highlights certain requirements contained therein: 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 June 30, 1994, the City Commission adopted Resolution No. 94-448 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 Il. 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, as stated in section IV.E. of this RFP, but not less than $3,000,000. 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 an Irrevocable Letter of Credit in the amount of $500,000 for the development of the marina and all available options within the development program.. The letter of credit, if provided, shall be subject to the review of the City's Finance Director and the Director of the Office of Asset Management and Capital Improvements. 915- 280 sit., C. Commitment of Property f The Property and its improvements are offered "as is" by the City for development and long term ..1 management, except as otherwise provided in Section II D(f). 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 forty five (45) years with one fifteen (15) year renewal at the City's option and subject to renegotiated terms. 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. (a) Referendum Approval of the Leasehold Contract City of Miami Charter Section 29-C --Watson Island provides that before any lease of lands on Watson Island can be entered into, the proposed transaction shall be approved by a majority of the votes cast by the electorate at a referendum. The negotiated lease with the successful proposer shall be submitted to a referendum vote of the electorate of the City at the earliest convenient Citywide election. Charter provisions are included herein as Appendix A. Charter and Code Provisions. If the proposed transaction is rejected by referendum vote, the Project shall be terminated. In the event of such a termination, the proposer has no vested rights, nor title or interest in the Property) or to the development proposed thereon, nor claim upon the City far any expenses incurred in the proposal process. If the proposed lease is approved by a majority vote of the electorate, then part (b) below shall be addressed: (b) State of Florida - Internal Improvement Fund -.DEED RESTRICTIONS The City of Miami was deeded the lands constituting Watson Island in 1949 by the State of Florida (see Appendix - Exhibit V, Watson Island Deed 19447, State of Florida to City of Miami) with the restriction that Watson Island be used solely for public and municipal purposes only. The deed expressly prohibits the sale or lease of lands to any private person or corporation for private purpose. The City, however, obtained from the Trustees (Governor and Cabinet) of the Fund a waiver of this deed restriction in 1981 for the purposes of constructing specialty visitor attractions on Watson Island and utilized the same waiver to propose a privately developed specialty marine exposition center on Watson Island in 1985. Most recently, in 1993, the City of Miami was granted by the Trustees a finding of public purpose to enter into land leases on Watson Island with two private boating clubs and Chalk's Airlines. 12 915- 280 J,s:. I Before the City of Miami can execute a lease agreement for the proposed megayacht project with the selected developer, it will be required that a finding of public purpose or a waiver of the deed restriction be granted by the Trustees. Because the marina and hotel are specified uses in the City of Miami's Comprehensive Neighborhood Plan officially adopted by Ordinance A 10544 on February 9, 1989, the City will, on behalf of the project and with the support of the successful proposer, petition the Trustees for such a finding or a waiver of the deed restriction. The City, however, makes no representations and has no information as to whether such a waiver can be successfully obtained for this project.. If a request for a waiver of the deed „1 restriction for all aspects of this project is denied by the Trustees, the project shall be terminated. In the event of such a termination, the proposer has no vested rights, nor title or interest in the Property or to the development proposed thereon, nor claim upon the City for any expenses incurred in the proposal process. D. Commitment of Services 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. E. Execution of Contracts 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 rights, nor title or interest in the Property or to the development proposed thereon, until such time as the leasehold agreement is executed. F. Rieht of Termination In addition to any other right of termination available, any substantial increase in the City's committment of funds, property, or services, or any material alteration of any contract awarded for UDP's shall entitle the City Commission to terminate the contract 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. The City shall have no liability with regard to its exercise of such right and the selected proposer shall bear all of its own costs with respect thereto. i As required by subsection (e) (4) of Charter Section 29-A (c), "substantial increase" shall be defined as a 10% or more increase to the City's proposed committment of funds, property and/or services and "material alteration" shall be defined as failure to comply with all respects of the proposal except as specifically permitted in writing by the City Manager. a.a 1 I -1 9 51 -- 280 13 i IV. PROPOSAL DEVELOPMENT REQUIREMENTS 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 Objectives Proposals must provide and maintain a full service "Mega -Yacht" Marina, and may include ancillary hotel and retail service establishments. The marina is intended to serve the large (50' to 250+') cruising yacht market that seeks berthing facilities in major urban resort and financial centers but requires unobstructed (no low bridges) and deep water channel access, upgraded marina fixtures and utility support, special security provisions, specialty commercial support services at the marina, and ease of access to major transportation facilities. Watson Island offers all of the required access and locational advantages making it an ideal location for this type of specialty marina. Not only is the Watson Island location superior to comparable sites in the Dade, Broward, Palm Beach and Monroe County areas but may be the only suitable location for a large yacht marina in the Greater Miami/Biscayne Bay area. The public objectives for attracting a significant concentration of "Mega -Yachts" to a central Miami location include: Enhancement of Public Access. Amenities and Activities on Watson Island - The marina will include a public baywalk/promenade the length of the marina waterfront with cafe and entertainment services oriented to the general public. Throughout the world, large -yacht marinas are public attractions offering appealing views of distinctive and beautiful vessels. On Watson Island the public has long enjoyed gathering at the shoreline to watch the world's largest assemblage of cruise ships on Dodge Island and the peculiar sight of Chalk's seaplanes arriving and departing on Biscayne Bay with the downtown skyline as a backdrop. In this tradition, and as an extension of these images that are so much a part of Miami's personality, the mega -yacht marina will complete the sequence of vista's and public baywalks that line the entire southern shore of the island. The addition of convenience retail and entertainment services for the public will encourage longer and more varied public visits to the island. Optimization of Marina Design - As stipulated in the second draft of the October 21, 1992 Manatee Protection Plan for Biscayne Bay (final draft is due to be published in 1995) and the Marina Siting Plan that is a part thereof, the existing marina at Watson Island will be restricted for future use as a "Specialty Marina". This means that future use of the marina at Watson Island as a general purpose recreational boating marina (like Dinner Key Marina or Miami Beach Marina) is prohibited. Only commercial or large (mega -yacht) motor vessels will be permitted as marina tenants because these "specialty" vessels generally travel only in marked, deep water channels (where manatees are rare) and do not frequent the shallower waters typical of north Biscayne Bay (where manatees routinely gather). Thus the marina at Watson Island, if it is to be economically viable, must be adapted in design to serve these specialty vessels. With both the Miami Beach and downtown Bayside marinas competing effectively for charter and small day -cruise commercial vessels, the optimal market for Watson Island is for the so-called mega -yachts. 95- 280 14 r Enhancement of Miami Maritime Industries - Very large yachts require provisioning and servicing that, on an annual basis, often amounts to 15% of their full value and can reach in excess of $1,000,000 per vessel each year. The bulk of these expenditures occur in the vicinity of their home port and for Miami marine industries, especially those located on the Miami River (adjacent to Watson Island), a Watson Island mega -yacht marina would greatly strengthen the local market for marine goods and services which adds jobs to a important sector of Miami's economy. Enhancement of Downtown Miami as a Corporate and Business Destination - Many mega - yachts are corporate owned and function as floating mini-conferencing facilities for business meetings. For this reason, corporate yachts seek berthing locations near resort and i business/financial centers and can contribute positively to the business climate and reputation of such "home -port" centers by increasing their visibility in the world of multi -national corporations. With downtown Miami, Brickell and the resorts of Miami Beach literally at the doorstep of Watson Island, an unprecendented opportunity exists on Watson Island for achieving an ideal fit of facility and market to site. Proposals may include a hotel of up to 300 rooms at the option of the proposer. While it is not specifically an objective of this project to construct a hotel, it is recognized that hotel services adjacent to the marina may be considered a strategically important complement to the marina operations, especially to the extent that mega -yachts are utilized for corporate meeting and conferencing. i j Aesthetics of the development will be an important consideration in the evaluation of proposals. The City expects all improvements to respect the local environment and be responsive to the waterfront setting. Of special interest is the optimization of public access via a bayfront promenade and enancement of public views to the bay, the Port of Miami and downtown. B. Use The principal use of the Property shall be a Mega -yacht and Sailboat Marina. Ancillary uses may include related services for the use of the Mega -yacht owners, general public and a hotel. All uses provided shall be non-exclusive uses. (a) Principal Use (1) Mega -yacht Marina A Mega -yacht Marina consisting of we/ slips for the short and long term berthing of Mega Yachts (motor/ power -driven vessels of SO feet or more in length and sailboats). The marina shall offer on -site -services to the owners, p operators and guests of the mega -yachts as well as space for marine related retail/office use complementary to the marina. The marina docks shall have separate and secure access for marina tenants. A continuous viewing promenade or marina overlook for the full length of the marina to serve the general public is a required element of the development. A small public docking facility that accomodates day visits from transient boats visiting the site is permitted. The complex shall include landside parking facilities within Parcel A for the use of the marina and its occupants, as well as for the public, with separate facilities for each user group. 15 95— 280 w+., Facilities within the marina's landside component to accomodate marina services for the mega yachts are to be located on Parcel A and shall include, 3 but not be limited to: dockmaster's office, concierge and catering services, car/limousine rental, dockside assistance and delivery service, storage space, j security services and a communication, navigation, reservations and weather center. The facility may have "guest lodges", (maximum of 1,500 square feet per unit) for the purpose of accomodating the owner and crew and as overflow living space for guests of vessels berthed at the marina, and as a reception area for business and social engagements. These units shall not be for sale. Guest units shall only be for short term rental. The planning, design and construction of the marina shall adhere to all design j standards and guidelines as set forth in this document, see Section IV C(a). (b) Ancillary Uses (1) Marina -Related Services and Amenities (a) Retail Services: Proposals may include as ancillary uses to the principal use of the premises a marine related retail component with a maximum of 50,000 square feet of retail space located on Parcel A, which may include but not be limited to: a ships/provisioning store, private captain's or crew's lounge, fuel sales, marine parts shop, marine electronics shop, yacht brokerage and boat dealers, fishing supplies, marine apparel sales, scuba diving and related water sports equipment shop, charter businesses, yacht brokerage firms, marine trades (yacht designers, interior designers, etc). In addition, the l marina shall also have a minimum of 2,000 square feet of landside secure storage facilities for use by marina tenants. All marina related retail services shall be located within Parcel A as described on the Sketch of Survey, Appendix A. The City reserves the right to require, as a provision of the proposed lease agreement, review and approval of all sub -lease agreements for retail space. + (b) Hotel: Proposals may include as an ancillary use to the principal marina use, a hotel with a maximum of 300 rooms, business class caliber or better, to j accomodate mega -yacht owners, operators and guests and the general public. j A hotel, if provided, shall be located primarily within Parcel B as described on the Sketch of Survey, Appendix A. The hotel may include specialty retail (in addition to the marine related retail on Parcel A) and entertainment / attraction based uses ancillary to the hotel uses, functioning as an amenity to both the local and tourist population, to assist in the creation of an urban resort complex. The proposed uses under this classification shall be limited by the 4( applicable zoning, site restrictions in terms of size and height, and overall J impact, including traffic generation and infrastructure demands. NOTE: If Proposals do not include a hotel use, Parcel B shall be excluded from this leasehold offering. 95- 280 16 .j (2) Prepared Food Concessions The project shall include at least one concession for formal sit-down dining within Parcel A as part of the marina ancillary services. Prepared food and beverage concessions are permitted within the maximum of 50,000 square feet assigned to the Parcel A retail component, however, the maximum enclosed square footage allowable for prepared food and beverage concessions on ( parcel A is 30,000 square feet, not including outdoor seating areas. Outdoor convenience food and beverage concessions for the general public along the baywalk are permitted and encouraged. i (3) City of Miami Marine Patrol (Police Department The project shall include docking space with davits, or mechanical lifts, within the marina for six (6) marine patrol boats (average 25' length) and a minimum of 1000 square feet of office space within the ancillary retail service space to provide headquarters facilities for the Miami Police Department Marine Patrol. C. Proposed Site Improvements The proposal must describe all proposed site and structural improvements to the Property. All improvements must comply with all applicable local, state and federal code requirements. Proposers will be responsible for acquiring all required permits and approvals. (a) Pedestrian and Vehicular Circulation - Proposals shall also include a compatible, safe and effective pedestrian and vehicular circulation system to service the proposed development. Proposals that include development of a hotel must address pedestrian and vehicular connections between Parcels A & B across the public access roadway separating the two parcels. Overhead pedestrian walkways spanning the roadway are permitted and, if proposed, must maintain a minimum 16 foot clearance above the crown of the roadway. The public access roadway separating parcels A & B for the width of the Property shall be reconstructed by and at the sole cost of the proposer to a minimum 50' cross section ( two 12' moving lanes, curb and gutter, sidewalks and landscaping) for a two lane, bi- directional roadway. The roadway will connect to a roadbed (see Site Location. Figure 3) currently being constructed by the Florida Department of Transportation beneath the new j high level bridge. The roadbed will extend to the north side of the bridge where it will continue parallel and adjacent to the MacArthur Causeway to connect with the current park circulation roadway serving the north side of Watson Island. Paving and curb and gutter ! improvements for the full length of the new roadbed (approximately 1200 lineal feet) shall be at the sole cost and responsibility of the successful proposer. 05— 280 17 ALTERNATIVE ROAD WAYALIGNMENT - For proposals that include a hotel component utilizing Parcel B, the City will consider, at the option of the proposer, the construction of a new public access roadway immediately adjacent to the southerly right-of-way line of MacAurthur Causeway as an option to improving the existing public access roadway. As illustrated on the following Figure 8. Alternative .Access Road Alignment, the alternative alignment would allow for unification of Parcels A and B through relocation of the public access road. Reconstruction/Repaving of the public access roadway connecting the Property to the main traffic intersection with MacArthur Causeway will be required. The City will attempt to secure transportation funding for such improvements in connection with other project developments on Watson Island. However, in the event that the City is unable to secure public funding, the successful proposer will be responsible for the reconstruction and repavement of said public access. (b) Parking and Service Areas - Required on -site parking and service areas shall be organized, appropriately landscaped, and screened from surrounding streets and adjacent uses. 18 95— 280 4" Design Standards and Guidelines for Improvements: 1.) The height of the hotel and ancillary use structures, if proposed, shall not exceed 55 feet above federal flood criteria. The hotel structure shall not cover more than eight acres in area. 2.) Utility requirements- All utility infrastructure shall be underground or attached to underside of docks. Pedestal -Stations at each berthing slip shall be equipped with minimum: • 3 phase 120-208 volt amperage power with 150 amp through 200 amp capacity connector, AND single phase 100 amp capacity, and a converter to handle 480 volts direct per European standards (60 cycles), 50 cycle requirements based on projected market demand, as this will require a separate transformer. Water tap and Sewer pump out connection. • Telephone connection, multiline available through switchboard, with direct access to landside concierge services. • Cable Television connection is recommended. 3.) Approach and slip depths of at least 10 to 15 feet, measured at mean low water mark. 4.) Cleats and Bollards adequate for holding weight and windage of Mega -yacht Class vessels. 5.) Fender system to protect vessels, but which also allows the yachts to utilize their own bumpers. y 6.) Finger Piers and Mainwalks, minimum of 15 feet in width to accomodate yacht sheer, foot traffic j and vehicle traffic(electric carts). 7.) Ramps and walkways designed to ADA standards. 8.) Walkways and slips provided with low level lighting. 9.) Marina shall be a "protected harbor" within a breakwater dock system. Breakwater systems that utilize floating breakwater technology are encouraged. Immediately east of the Intercoastal Waterway and the turning basin is a shoal line of shallow water 6+/- deep (see Appendix Exhibit I - Sketch of Survey). The breakwater shall maintain a setback of not less than 50' east of the westerly edge of this shoal. This is to assure that in the event a vessel in the turning basin strays into the shoals, the breakwater will not be impacted. 10.) Access to marina area shall be restricted to mega -yacht owners, operators, guests, employees of the marina and authorized personnel including Police, Fire and medical professionals. 11.) Security shall be provided by the operator of the Marina, including twenty four hour patrols and i stationed security personnel. Security is considered a requirement of mega -yachts. 95- 280 R 10- D. Permitting and Licensing The selected proposer shall be at his or her sole cost and expense responsible for acquiring all required permits, licenses and approvals from, including but not limited to, the City, the State of Florida, Metropolitan Dade County, and public utilities. The City will assist through expedited review procedures, if applicable. (a) Development of Regional Impact 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 as defined by F.S. 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 s and applications required by law, at the proposer's sole cost and expense. (b) Development Impact Fees The City of Miami will exempt the successful proposer from imposition of its development impact fees. Transportation impact fees will be required by Metropolitan Dade County based i on standard fee schedules for marina slips, retail and hotel uses. Hook-up fees will be charged by the Water and Sewer Authority at the prevailing rates per gallon of rated water usage E. Estimated Construction Cost 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 three million ($3,000,000) dollars. F. Financing Strategy 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. G. Development Schedule The City will require 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 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. The timetable for completion of the proposed construction will be considered as well as the proposer's plans and commitment to minimizing the impact of construction on use of the site. All proposed development must be completed within the time period specified in the schedule in the proposal. 20 9"— 280 VA., Any and all proposed physical improvements for the marina and Parcel A must be completed within 24 months from the date of transfer of the leasehold Property to the selected proposer, except as specifically provided for Sewer/Heliport relocation, and except if an Application for Development Approval as a Development of Regional Impact is required, in which case the completion date will be negotiated as a part of the lease Agreement. Development of the Hotel on Parcel B, if proposed, may be phased to occur within 5 years of the execution of the lease agreement. A fee for a development rights option to Parcel B under a phased proposal will be required and negotiated as a part of the lease agreement. H. Composition of the Development Entity (Proposing Entity) & 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 Mega Yacht Marina 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 being comprised of the proposing entity (the legal entity: corporation, joint venture, partnership, one or more individuals) with whom the City will contract with 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 Mega Yacht Marina facilities proposed, subject to compliance with the qualifying criteria specified in Section V.B.I . The consultants) 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 proposing 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. i The Development Entity and/or its consultant(s) assembled in response to this RFP shall, at minimum, demonstrate professional expertise in each of the following listed disciplines. Copies of currently j active 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 1 Chapter 481, Part I of the Florida Statutes, Architecture, and shall have substantiated experience in the design and development of Marinas; Engineering: shall be registered to practice engineering in the State of Florida as required by r Chapter 471 of the Florida Statutes, Professional Engineers, and shall have substantiated experience in the design and development of Marinas; r 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- 280 21 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 Marina constriction projects; Operations and Management: shall have experience in the operations and management of marinas; If ancillary services are proposed as part of the development: Commercial Real Estate Leasing: shall have experience in leasing of Marina -related commercial Properties; Operations and Management: shall have experience in the operations and management of the proposed Marina -related commercial uses. 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 that is unavailable to continue as a member of the proposing entity. Any such change may result in the removal of the proposal from consideration. All principals of the Development Entity investors 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 Il includes forms soliciting detail information which must be completed and submitted with the proposal. 95- 280 22 I. Development Proposal Contents Prospective proposers shall address and include, as part of their proposals the following items: 1. Development Plan: Description of all aspects of the plan 1 Overall site development Number of new buildings and use; square footage, height Retail entity square footage and type, if any Food and Beverage entity square footage, if any Architectural features Methods of construction y Number of wet slip spaces On site parking requirements 2. Illustrative Drawings: (Prepared by a registered architect licensed to practice in Florida and board -mounted not to exceed 30" x 40") Site 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 be accepted for review. 3. Schedule of Amenities 4. Management Plan 5. Market Analysis 6. Completed Declaration, Financial Disclosure and Professional Information forms as detailed and included herein as Exhibit II. 7. An annual minimum guaranteed rental payment to the City and percentages of gross revenues collected. 8. A dollar amount to be spent on permanent physical improvements to the Property. 9. A schedule including all phases of the development including planning and design, construction, and operations. 10. Letters of reference from financial institutions documenting the proposer's ability to finance all aspects of the proposed development. 23 95- 280 i,st, 4 11. Recent (as of 1994) Financial Statements (audited statements are preferred) 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. The required letter of credit. 13. Documentation of the proposer's and Development Entity's past experience in related development and management. 14. Resumes of key individuals to be involved in the proposed development. 15. Individual Engineers, Architects and Landscape Architects must submit a current Certificate of Registration or License and corporations or partnerships must submit a current Certificate 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 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 farm(s) in the Development Entity. J. Method of Operation The proposal must include a narrative describing the operation of the entire proposed development. The description shall include 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 H. to this document must be completed by management contractors. K. Minority Participation Respondents will be required to comply with all applicable federal, state and local affirmative action j 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, participate substantially in construction contracts and jobs, and comprise a significant part of the permanent management entity, as well as all businesses and work force created by the development. For the purpose of proposal evaluation, significant minority participation in the Development Entity shall be defined as not less ~1 than 30% of the proposing entity with each minority group (black, hispanic, and female) having not .a 24 95- 280 4a.. ,a C # less than 5% each. As evidence of minority compliance, proposers are expected to complete the applicable forms included in Exhibit III. 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. Submission Procedures i A complete proposal submission package shall be delivered to the City as follows: y1. 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 Watson Island Mega -yacht Marina, Watson Island, Miami, Florida" and addressed to: Herbert J. Bailey Assistant City Manager City of Miami r 3. Proposals must be received at: t 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. Tuesday, August 11995 5. Proposal submissions must be accompanied by: t A non-refundable cashier's check in the amount of $2,000, made payable to the City of Miami l The time deadline and proposal receipt location will be strictly adhered to by the City. No proposals shall be received after 2:00 p.m., Tuesday, August 1, 1995 or at any other City office location, other than the City Clerk's Office (First Floor Counter). i 25 95- 280 "..., Funds accompanying the proposal submission will be used by the City to cover actual expenses for i 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. VI. EVALUATION CRITERIA Review procedures and the selection process are set by City Charter and Code of which applicable excerpts are included in Appendix A. of this document. At a public hearing held April 27, 1995 the City Commission authorized the City Manager to issue the RFP. 1 The review committee established by the City Commission, will render a written report of its evaluation of responsive and responsible proposals to the City Manager. The review committee shall i evaluate each proposal based on the criteria established herein. The committee has the authority to recommend one or more, or none of the proposals if it deems them not to be in the best interest of the City. However, the committee shall have to explain its reasons for such a decision. The certified public accounting firm selected by the City Conunission 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. A. Initial Review of Proposals for Compliance with the RFP. E 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 V. have been included in i 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 intial review, and prior to official review by the Selection Review Committee, proposing entities may be contacted to cure proposals which contain non -material, non -substantive defects as determined solely by staff, such as an out of date certification. If notified of such deficiency, proposer shall correct such a deficiency within ten (10) working days of receipt of notification. 95- 280 r j 26 S. Review Committee Evaluation Criteria The following specific evaluation criteria and its respective assigned values shall be used by the .y review committee for purposes of rating and ranking the proposal submissions: Criteria Value(Points) Experience of the proposing entity .........................15 Capability of the Development Entity....................15 1 Financial capability of the proposing entity ........... 15 IFinancial return to the City....................................15 Management and Operational Plan ........................15 Overall design of the proposed development ........ 15 i Extent of minority participation ............................10 i Local firm(s) participation......................................6 Total Maximum Points ...... 106 Proposers are encouraged to have their proposals conform to the following factors which will be 1 utilized by the review committee in evaluating the proposals: 1. Experience of the Proposing Entity (15 points) Qualifications and experience of the proposing entity in planning and design, constrution, i leasing and management of similar facilities. Specific experience of the proposing entity in development, design, leasing and management of marina facilities and ancillary types of uses proposed. A minimum of 5 years marina experience is required. 2. Capability of the Development Entity and Consultants (15 points) Composition of the Development Entity; professional qualifications and capability of entity members, project managers, consultants and subconsultants. a 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 jdevelopments comparable in scope, complexity,magnitude; 05- 280 27 Good past performance in the administration of other developments and cooperation with former clients. Demonstrated ability to meet time schedules and budget. Qualifications, organization and experience of operational, leasing management entity. Qualifications and specified experience of project managers, entity members and professional consultants in development and management of marina facilities. Specific experience of the Development Entity in relationship to development and management of the types of ancillary uses proposed. 3. Financial Capability (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 finding sources. Demonstrated feasibility of all aspects of the proposed development substantiated by a market analysis. 4. Financial Return to the City (15 points) Annual lease payment including a guaranteed minimum annual rental payment or a percentage of } gross revenues whichever is greater. Dollar value, extent, and timing of capital improvements. Any additional financial benefit to the City. 5. Overall Design of the Proposed Development (15 points) Fulfillment of the City's established development objective. Quality and efficency of the marina's design, materials and support systems. Appropriateness and quality of the design as related to the character of the site and the Watson Island waterfront. Appropriateness and quality of the design of new structures. Imaginative and creative treatment of architectural and site design of public access to and design of public spaces, exterior spaces, „ } circulation, viewcorridors, landscaping, graphics signage and lighting. Efficiency of site design and organization, and compatibility of uses. ~ 9"5- 280 28 4� 6. Management and Operational Plan (15 points) Operational policies for Marina Leasing, Tenant Services, Maintainance and Security. Staffing Plan for Marina operations and services. Strategies for Marketing and Promotion of Marina slips and Retail Services. 7. Extent of Minority Participation (10 points) Minority/women participation within the proposing entity. Minority/women participation among consultants to the proposing entity. 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. 8. Participation of Local Firm(s) (6 points) Local firm(s) participation shall be defined as a firm having an established business office within the City municipal limits. The firm shall have a current occupational license issued by the City. In addition, in Exhibit III, please find an affidavit form for confirmation of the primary office location. a. 3 points shall be awarded to a proposal submitted by a local proposing entity. b. 3 points shall be awarded to a proposal utilizing a majority of local consultants in the design, general contractor, management and operations fields. C. 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 according to the following criteria: • the financial viability of the proposing entity • the viability of the financing strategies, source and structure • assess comparatively the short and long range economic and fiscal return to the City i Additionally, the certified public accounting firm will: • assess the market analysis • evaluate the economic feasibility of the proposed development. evaluate the financial viability of the management plan. '1. 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- 280 29 i VII. TERMS AND CONDITIONS TO BE INCLUDED IN THE LEASE AGREEMENT A. Authorization Upon authorization of the City Commission, the City Manager or his designee, shall negotiate all aspects of a lease agreement with the selected proposers. 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. Until such time as the lease agreement is executed, the selected proposer has no vested rights, nor title or interest in the subject Property or to the development proposed thereon. B. Terms and Conditions The lease agreement shall address, but not be limited to the following terms and conditions: l . 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. Maintainance, 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 Clause 26. Taxes 27. Miscellaneous 30 95- 280 14-f APPENDIX A City of Miami Charter and Code Sections Pertinent Legislation § 27-E CHARTER AND RELATED LAWS 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 4 27-B of this charter. Sea 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 § 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 § 27-B of this 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 § 27-B of this charter. [Sec. 27-I. Reserved.] Sec. 27-J. Discounts if taxes paid before cer- tain time. Note —The discount rates formerly set out in this section no longer apply; for present rates, see Fla. Stats., § 193.41. The user's attention is also directed to the editor's note to § 27-B of this charter. Sec. 27-M When taxes become delinquent; in- terest rates on delinquent taxes. Note The user's attention is directed to the editor's note to § 27-B of this charter. Sec. 27-L Tax certificates; interest rate there- on. Note —The user's attention is directed to the editor's note to § 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 Subpt. A 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. 30 A-1 Sec. 29-A. Contracts for personal property, public works or improvements, uni- fied development projects, and real property; safeguards. (a) Personal property. Any personal property, including but not limited to supplies, equipment, materials, and printed matter, 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 ($4,500.00) 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, 915-- 28© 44, Subpt. A CILkRTER 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 rust 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 § 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) Unifted 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 A-2 (2) planning and design, leasing, and manage- ment; or (3) planning and design, construction, and man- agement; or 95- 280 Ile:, $ 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 unwed 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: (1) the specific parcel of land contemplated to be 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 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 (6) a reservation of the right to reject all propos- als and of the right of termination referred to in subsection (04), 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 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 manager 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) 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 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. (3) taking into consideration the findings of the aforementioned certified public accounting firm and the evaluations of the aforementioned review committee, the city manager shall rec- 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 32 A-3 95-- 280 Subpt. A CHARTER 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 ffi 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 § 29•A 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-thinis of the commission after a properly advertised public hear- ing. When the requirement of sale, conveyance, 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 shall contain a reservation of the foregoing right . 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. 33 A-4 (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. 9�- 280 § 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) j 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 commission. (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, 11-8-87) 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. 950'1 amended the language of subsections (a) and (c) of § 53 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 § 29-B. 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 34 Subpt. A Sec. 29-B. City -owned property sale or lease — Generally. _ Notwithstanding any provision to 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- gram 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 (Il4) page and the headline in the adver- tisement to be in a type no smaller than 18-point 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 the 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 A-5 95- 280 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 shall have 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- eral 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 held at the next regularly scheduled general election. The procedures for selection of proposals shall be those provided by Charter section 29A(c) or (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 currently 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 34.1 A-6 4 30 use or occupancy of the area, nor shall it apply to contracts for the construction of any gity 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 subparagraphs. 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. 95- 280 119, § 18-52.7 MUW 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, § 1, 2-10-83) 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 ebtxined from ai other source. (b) Determination andapproval Me determi- nation that an award shall be made on a sdle- source basis shall be made by the thief prware- meat oflioertetheaWmauager..Suth-aetermination 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 finding, supported by reasons, that only one (1) reasonable source of supply exists. Such find- ing must be ratified by an affirmative two-thirds (%) 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. No. 10 § 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; {4) The amount and type of contract; and (5) The identification number for each contract file. <Ord. N(L 9572, 11, 2-10-83) See- 18-52.9. Unified development projects. (a) Definidon& For the purposes of this article IV, the following terms shall have the following meanings: Unified 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, and 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) Planning and design, leasing, and manage- ment; or (3) Planning and design, construction, and man. agement; or 1208 A-7 95- 280 01&,. 1852.9 1 FINANCE (4) Planning and desig a, construction, leasing and management. (h) Cond4ions for use A unified development project shall be used in those circumstances in which the city commission by resokntion 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 18-52.9(a). So long as the person from, which the city procures am (1) of the above -mentioned inte- grated p=kagrs provides all of the functions listed for that package, such person need not provide each listed function for the entire unified. level= opment project; nor for the same part o£•the uni- fied development project. (c) Requests for proposals. A regpest: for pro. posals shall be issued -which generailydefines the nature of the project, the uses the city is seeking, for the project, and the estimated allbeatimm of land for each use. The request for proposals s&aff also include the following: (1) Instructions and information to offerors con- 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 spec criteria which shall be used to evaluate competing proposals by the below - mentioned certified public accounting 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; Supp. Na 10 1209 A-g 4 1852.9 (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. project imaccordance with section 5360FO—afthe Cyr of the city; (10) A resereatfm of the right to. reject all pro- posals and of thee, right of 'termination re- ferred to- in Section. =eXiv). of the Charter of the city (I1)• The date, time sad• puce 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. 95- 280 § 18.52.9 NUAMI CODE (d) Developer lists. Developer lists may be com- piled to provide the city with the names of devel- opers who may be interested in competing for various types of city projects. Unless otherwise provided, inclusion or exclusion of the name of a 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 amewspaper 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 (15) 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 preproposal conference 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) ,Receipt of proposals Proposals shall be opened publicly in the presence of two (2) or more city officials. After the closing date for receipt of pro- posals, a register of proposals shall be prepared .by the city manager which shall include, but not Supp. No. 10 § 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 accounting firm, the evaluations of the aforementioned review committee, and the degree of minority panic-- 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 manager 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. 1210 A-9 01.5_ 280 at&, ¢ 18-52.9 FINANCE 4 18-53 (j) Award All contracts for unified development based on various performance factors and es - projects shall be awarded to the person whose calation clauses or other economic adjustments proposal is most advantageous to the city, as de- may be included as appropriate to serve the j termined by the commission. best interests of the city in achieving the ' The commission may accept any i acommenda- most economical contract performance. tion of the city manager by an affirmative vote of a (2) Cost -reimbursement contracts. Cost-reim- majority of its members. In the event the com- bursement contracts shall ordinarily be used mission does not accept a proposal recommended for those purchases of goods and services or by the city manager or does not reject all propos- sales and leases where the terms, conditions, als, the commission shall seek recommendations specifications and other factors of the contract directly from the aforementioned review commit- cannot be specified with a high degree of cer- tee, which shall make a recommendation or rec- tainty or the use of fixed -price contracts is ommendations to the commission taking into ac- not likely to result in substantial competi- count the report of the aforementioned certified tion between bidders or offerors willing to public accounting firm and the evaluation criteria compete for the contract. Incentives based on specified for the review committee in the request various performance factors and escalation for proposals. clauses or other economic adjustments may After receiving the direct recommendations of be included as appropriate to serve the best the review committee, the commission shall, by interests of the city in achieving the most an affirmative vote of a majority of its members: economical contract performance. (1) Accept any recommendation of the review com- (3) Blanket orders. The chief procurement officer mittee; or or individual purchasing agents may issue (2) Accept any previous recommendation of the purchase orders for indeterminate amounts of repair parts, supplies and services to the city manager; or account of any department or office, but only ! (3) Reject all proposals. when based upon a definite contract or price 1 All contracts for unified development projects agreement which shall be negotiated in the shall be signed by the city manager or his desig- same manner as if the item to be purchased thereunder were to be individually purchased j nee after approval thereof as to form and correct- ness by the city attorney and approval by the city or contracted for under the provisions of arti- commission. (Ord. No. 9572, § 1, 2-10-83) cles IV and V of this Code. Such orders shall } City code cross reference —Minority participation in uni- fied development state a specific monetary limit which may not be exceeded except on written approval f contracts, § 18•73. 1 by the chief procurement officer. Sec. 18-53. Types of contracts. (4) Multiyear contracts. (a) Subject to the limitations of this section, W Unless otherwise provided by law, a con - any type of contract which will promote the best tract for supplies or services, sales, or interests of the city may be used, except that the leases may be entered into for any period use of a cost-plus contract is prohibited. of time deemed to be in the best interests (1) Fixed -price contracts Fixed -price contracts shall of the city, provided that the term of the ordinarily be used for those purchases of goods contract and conditions for renewal or i and services or sales and leases where the extension, if any, are included in the in - terms, conditions, specifications and other fac- vitation for bids or request for proposals, tors of the contract can be specified with a and provided that funds are available for high degree of certainty and where use of a the first fiscal period at the time of con - fixed -price contract will result in substantial tract award. Payment and performance competition between bidders or offerors will- obligations for succeeding fiscal periods ing to compete for the contract. Incentives shall be subject to the availability and Supp. No.10 1211 A-10 05- 280 $W" 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 city. ings, speed of vehicles; services and rates of (iii) To lease to or contract with private motor vehicle carriers: To pave, grade, curb, firms or persons for the commercial use repave, macadamize, remacadamize, lay out, or management of any of the city's wa- open, close, vacate, discontinue, widen, and terfront property, but only in compli- 1 otherwise improve streets, alleys, avenues, ance with the other requirements of i boulevards, lanes, sidewalks, parks, prom- this charter and on condition that: enades, and other public highways or any (A) the terms of the contract allow rea- j part thereof, and to hold liens thqrefor as sonable public access to the water hereinafter provided; to construct and main- and reasonable public use of the tain bridges, viaducts, subways, tunnels, property, and comply with other sewers, and drains, and regulate the use of charter waterfront setback and l all such highways, parks, public grounds, view -corridor requirements; and and works; to prevent the obstruction of (B) the terms of the contract result in such sidewalks, streets, and highways; to a fair return to the city based on abolish and prevent grade crossings over two independent appraisals; and the same by railroads; to regulate the op- (C) the use is authorized under the then eration and speed of all vehicles using the existing master plan of the city; streets, highways, and railroads within the (D) the procurement methods prescribed city; to regulate the service rendered and by ordinances are observed. rates charged by busses, motor cars, cabs, Any such lease or management agree - and other vehicles for the carrying of pas- went or proposed extension or modifi- sengers and by vehicles for the transfer of cation of an existing such lease or man - baggage. agement agreement which does not com- (c) Special or local assessments: To impose spe- ply with each of the above conditions 1 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) rr Contracting debts and borrowing money: Nothing herein contained shall in any 1 Subject to the provisions the Constitu- manner affect or apply to any project the financing of which has been pro- tion of Florida and of this charter, to con- vided by the authorization of bonds to tract debts, borrow money, and make and be issued by the city. issue evidences of indebtedness. (e) Expenditures: To expend the money of the (g) Public•property and improvements: To make and maintain, inside and outside the city, city for all lawful purposes. public improvements of all kinds, includ- (f) Acquisition and disposition of property and ing municipal and other public buildings, services: armories, markets, and all buildings and (i) To acquire by purchase, gift, devise, structures necessary or appropriate for the use of the city; to acquire by condemnation condemnation or otherwise, real or per- or otherwise all lands, riparian and other sonal property or any estate or inter- rights, and easements necessary for such est therein, inside or outside the city, improvements; and to rent or lease from for any of the purposes of the city; and any person any land or building within or to improve, sell, lease, mortgage, pledge, without the city or any part thereof for any or otherwise dispose of such property municipal purpose. or any part thereof. Supp. No. 27 95- 280 3 A-11 l I 4 3 CHARTER AND RELATED i LAWS Subpt. A to be contributed for maintenance of the (ii) In order to preserve the city's natural "1 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, of the city to the contrary notwithstand• lands inside or outside the city limits for ing, neither the city nor any of its agen- use as landing fields or airports; to con- cies shall issue building permits for struct and equip thereon or on other prop- any surface parking or enclosed struc• erty of the city such improvements as may tures located on Biscayne Bay or the be necessary for that purpose; to operate Miami River from its mouth to the N.W. and maintain such facilities; to provide rules 5th Street Bridge, and regulations governing their use and (A) which are not set back at least 50 the use of other property or means of trans- feet from the seawall (where the portation within or over the same; and to depth of the lot is less than 200 enter into contracts or. otherwise cooperate feet, the setback shall be at least with other government entities or other pub ' 25 Percent of the lot depth), and � lic or private agencies in all matters relat- (B) which do not have average side ing to such facilities; otherwise to exercise yards equal in aggregate to at least such powers as may be required or conve- 25 percent of the water frontage of nient for such establishment, operation, and each lot based on average lot width. ' maintenance; to levy taxes for any such (iii) The above setback and side -yard re - purpose; unless such facilities shall have quirements may be modified by the city been acquired by lease, to issue bonds to commission after design and site -plan pay the cost of such facilities; and to grant, review and public hearing only if the deed or dedicate lands, with or without con - commission determines that the moth- I sideration, to other governmental entities fications requested provide public bene- � for use as landing fields or airports. (Laws fits such as direct public access, public of Fla. (1929), ch. 14234) walkways, plaza dedications, covered 1 (mm) Building and zoning. parking up to the floodplain level, or 11 (i) To provide by brdinance building, plan- comparable benefits which promote a better urban environment and public ning, and zoning regulations and re- advantages, or which preserve natural _ j striciions governing the height, num- features. Wherever setback, side -yard, f ber of stories, method of construction, or site -Plan review requirements of,ton- type, and size -'of buildings and other ing ordinances are greater than the 1 structures; the percentage and portion foregoing requirements, such greater of the lot or site that may be occupied; l requirements shall govern.(iv) the size of the front, rear' and side yards' These requirements shall not apply to courts, and other open spaces; the lo- docks and appurtenant structures, single - cation, use of buildings, structures, and family residences and appurtenant struc- land for trade, industry, residences, ' tures, and waterfront industrial uses apartment houses, and other purposes; along the Miami River and at the Port and the widening and future widening jof of Miami. Nothing herein contained shall streets in zoned street areas that the in any manner affect or apply to: the city may establish. Such regulations City of Miami/University of Miami may provide that a board of appeals or James L. Knight International Center the city commission may determine and and hotel facility, including all improve - vary the application of building, plan- ments thereon, or to lands and projects ning, or zoning ordinances in harmony which the city commission has approved with their general purpose and -intent. -� Sapp. Na 71 i a A-12 1s;. W Subpt. A CHARTER 43 ,7 1 prior to September 18, 1979, by devel- ing the existing waterworks system; to issue -, opment order pursuant to chapter 380 promissory notes and certificates of indebt- of Florida Statutes of a planned area edness, and to secure same by an assign. development pursuant to article XXI- went of all net rentals and net revenues, 1, City of Miami Comprehensive Zon• ; after the payment of all operating expenses ing Ordinance or which have received and fixed charges, including interest on the site and development plan approval, debt so created, and all debt created for the including Plaza Venetia, Phase II, Reso- construction of such work, derived from said 1 lution No. 72-113, April 20, 1972; Res- waterworks system or any portion thereof, i olution No. 72.114, April 20, 1972, and until moneys so borrowed shall have been Resolution No. 72-416, July 20, 1972. fully paid; to mortgage the entire water- (nn) Borrowing to erect and add to public build- works system or portion thereof to make { ings: To borrow money for the erection, con- i necessary repairs; and to pledge the net struction, and furnishing of public build- revenue derived from said system, until said ings, including hospitals, city office build - money shall have been fully repaid. Not- ings, city halls, and other municipal struc withstanding the foregoing, no tax shall tares; to borrow money for the purpose of ever be levied nor money taken or diverted building additions to public buildings now from the general funds of the city for the owned by the city; to execute notes and payment of the indebtedness authorized by other evidences of indebtedness, and to se- this section. cure the same by a mortgage upon said (pp) Borrowing to purchase, hire, maintain, op- i, buildings and the land upon which the build- erate, or lease public utilities: To borrow ings may be located; to pledge and hypoth- money for the purpose of constructing, pur- ecate the net. revenue, after the payment of chasing, hiring, maintaining, operating, or all operating expenses and fixed charges, leasing local public utilities, including street t including interest on the debt so created railways, electric light lines, and equipment a and on all other debt created in the con- necessary for supplying the city and its in- struction of such building, as well as to habitants with transportation, illumination, j pledge and hypothecate the net revenue power, water, ice, and gas for heating and derived from such buildings and the land illuminating; to mortgage the public utili- upon which they stand, all for the purpose ties so constructed, purchased, hired, main - of securing the repayment of money bor- tained, operated; to issue promissory notes _ rowed to be used in such construction; to and certificates of indebtedness evidencing issue certificates of indebtedness secured the existence of the indebtedness created by the net receipts from the use or rental of by the borrowing of said money; to pledge the buildings or additions to present exist- and hypothecate the net revenue, after the I ing buildings erected or to be erected for payment of all operating expenses and fixed public purposes. Notwithstanding the fore- charges, including interest on the debt so going, no tax shall ever be levied nor money created and all other debt created for the „) taken or diverted from the general funds of construction of such works, derived from the city for the payment of the indebted- the operation of such public utilities so con- ness authorized by this section. (Laws of structed or purchased, including said net Fla. (1933), ch. 16561) revenue derived from such street railway, (oo) Borrowing to provide adequate waterworks electric light plant, telephone and telegraphs system: To borrow money for the purpose of ystem, and water, ice, and gas plants; to providing ad p g an equate waterworks system, pledge such net revenue until the money so _r including new water lines, and for the pur- borrowed shall have been fully repaid. Not - pose of repairing, improving, and extend- withstanding the foregoing, no tax shall Sapp. Na 27 ..a 95- 280 A-13 W., 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 Ordinance 10062 and Ordinance 10538 95- 280 4.. § 18-58 FINANCE 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. 18-68. Definitions. For the purpose of this article, the following terms phrases, words, and their derivations shall have the following meanings: Affirmative 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, § 8, adopted Dec. 19,1985, repealed Ord. No. 9775, §§ 1-8, adopted Jan. 19, 1984, codi- fied as § 18-72, concerning the minority procurement program. At the discretion of the editor. §§ 1-7 of Ord. No. 10062 have been codified as art. IV.5, §§ 18-67-18.74. City code cross reference —Lease of city -owned property to require minority procurement clause, § 24W. County code cross reference —Procedure to increase par- ticipation of Slack vendors of commodities and services in county contracts, § 2-8.2. Supp. No. 32 § 18-68 Facilities means all totally or partially publicly financed projects including, but without limita. tion, unified development projects, municipal pub. lic works and municipal improvements to the ex - tint 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 sma11 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 (25)'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 of a given purchase or contract award for Black, Hispanic and/or women -owned businesses. SeWwdes 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, 12-19-86; Ord. No. 10538, § 1, 1-12-89) 1217 95- 280 B-1 § 18.69 Sec. 18-69. Established; components. MIAMI CODE (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) • Cross 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 § 18-73 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 women -owned 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 solicits- 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 MIWBE 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 13- 2 95- 280 i4x 'i ! § 18-73 FINANCE resulting contracts/bid 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, creed, 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 4 18.74 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, § 2.236.1. Sec. 18-74. Good -faith effort required. Bidders or of erars 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$5) 1219 B-3 9 35 - 280 4 18-75 hIIANI CODE 4 16.76 Sec. 18-75. Contractor's certi5cate 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 fifty-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 bade County in order to qualify for the minority or women preference on such contract. (Ord. No. 10332, $ § 1, 2, 10-22-87) Editor's note --Sections 1 and 2 of nonamendatory Ord. No. 10332, adopted Oct. 22,1987, have been codified as 1 18-75 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 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, 1-12-89) Sec. 18.77. Designation of director as respon- sible official for bid requirements, guidelines, etc. The director of the office of minority/women business affairs is designated as the official re- sponsible for establishing MIWBE bid and con- tractlaward 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, § 5, 1.12-89) 1220 B-4 95- 280 J-85-944 10/11/85 ORDINANCE N0. 10 0_6 2 AN ORDINANCE REPEALING ORDINANCE NO. 9773, THE MINORITY PROCUREMENT PROGRAM ORDINANCE OF THE CITY Of MIAMI; FLORIDA AND SUBSTITUTING THEREFOR A NEW MINORITY PROCUREMENT PR04AAM ORDINANCE TO BE KNOWN AND CITED AS "THE MINORITY AND WOMEN BUSINESS AFFAIRS ARID PROCUREMENT ORDINANCE OF THE CITY OF MIAMI. FLORIDA,* ESTABLISHING A MINORITY AND WOMEN - BUSINESS AFFAIRS PROCUREMENT P20GRAN AND COMMITTEE; PROVIDING FOR THE CREATION BY THE CITY MANAGER 'Of AN OFFICE OF MINORITY AND WOMEN BUSINESS AFFAIRS AND PROCUREMENT; FURTHER SETTING FORTH A COAL OF AWARDING AT LEAST S1 PERCENT Of THE CITY'S TOTAL ANNUAL DOLLAR YOLUMt OF ALL PROCUREMENT EXPENDITURES `TO BUSINESSES OWNED BY BLACKS (17%). HISPANICS (17s); AND WOMEN (17%1; AUTHORIZING THE CITY MANAGER TO PROVIDE FOR MINORITY AND WOMEN -OWNED BUSINESS ENTERPRISE PROCUREMENT SET -ASIDES AND CONTRACT PROVISIONS; PROVIDING FOR THE DEVELOPiiENT Of PROCEDURES, MEASURES AND RESOURCES TO IMPLEMENT SAID PROGRAM. GOALS AND OBJECTIVES;. AND CONTAINING A SEVERASILITY CLAUSE. i WHEREAS; Ordinance No. •Ji75 #*sling. with minority i procurement has been 'found to b* is need of revision and modification to strengthen the effectiveness of the City of Miami's Minority Procurement Policy and Program; and WHEREAS; the City Commission; in repealing Ordinance No. 9775 and In adapting and substituting therefor the herein Minority and Women Business Affairs and Procurement Ordinaac* Is authorized pursuant to the Charter of the City of Miami, Sections 32 and 53; and the Municipal Nos* Rule Powers Act of } 1973. Chapter 166.001 at seq.. Florida Statutes, a$ amended; and WHEREAS; the U.S. Supreme Court has upheld Bad* County Ordinance No. 82.67; adopted July 20, 1904; restricting bidding On Construction projects to Black -owned firms when prior unwarranted discrimination has been proven; and WHEREAS, finding$ of a City of Miami Minority Procurement tDisparity Study indicated a substantial exclusion of minority and wom*n-owned businesses from the City's procurement process for the fiscal years betw*en 1971 and 1981;•and WHEREAS. this Ordinance will pr4vent the perpetuation of the affects of prior unwarranted discrimination which has 95-r 280 B-5 { heretofore impaired; limited or foreclosed procurement and i contracting opportunities for businesses owned by Blacks; Hispanics and Women with•the City of Miam1; and WHEREAS; the City of Miami has established a policy of constructive affirmative action to eilNinate substantially the effects of prior discrimination; and WHEREAS; the proposed Minority and Women Business Affairs and Procurement Program and Poiicy contains rtgvfrements: (a) that those who contract with the City of Miami in the areas of procurement shall not discriminate against any business, employee or* applicant for employment because of age; ethnicity, race, creed; color; religion; sex; national origin; handicap. or marital status; and (b) that such city contractors have and implement an Affirmative Action or,Equal Employment Opportunity i policy to ensure that such businesses; employees or applicants for employment are treated equally without regard to age, ethnicity, race, creed, color; religion; sex, national origin, handicap or marital status, and WHEREAS, implementation of this ordinance will serve the best interest of the City and will maximize the opportunity for i small business concerns owned and controlled by Blacks, Hispanics 'and Women to procure or contract with the City of Miami in the area of procurement; and { WHEREAS; to be effective it is necessary and desirable to establish for the City of Miami a Minority and Women Business Affairs Procurement Program with the appropriate goals, objectives; administrative procedure and resources; and, adopt legislation remedying the affected Hispanic, Black and Women - owned businesses; , NOW, THEREFORE; BE IT ORDAINED B7 THE COMMISSION Of THE i CITY OF MIAMI; FIORIDAi a Section 1. This Ordinance shall be known and may be cited as •The Minority•'and WON** Business Affairs and Procurement f Program Ordinance of the City of Miami. - section Z.- For the purpose of this Ordinance, the following terms phrases, words, and their derivations shall have the following meanings: i 05_ 280 2 ,Q462 A. Business -Enterprise mesas any corporation, partnership; individual; sole proprietorship; joint stock i company, Joint venture. professiona.i association or any other legal entity that is properly licensed to do business with the City of Miami and/or Cade County and/or the State of Florida. ®. Minority and WOOen-owned guiltless Cnterprise means a business enterprise in which ,at least R percent of said i enterprise is owned by Blacks, Hispanics or Women whose t i management and daily busiaess operations, are controlled by one i or more Blacks; Hispaaiies or Women. C. Contract means agreements for the procurement Of goods; services or construction of facilities for the City of 1 Miami. C. Facilities maans all total -or partial publicly financed projects Including; but without limitation. unified development projects, municipal public worts and municipal improvements to the extent they are financed with City money, ut11i2e City property;'or require City Services. } E. Goods and •services include; without limitation, s public works, improvements; facilities; professional services, commodities; supplies, materials and equipment. F. 6w1 weens the percentages of the annual dollar volume of procurement expandituTes determined by this ordinance to be offered for Minority and Won** business participation. S. Set -aside is the term which will be used to designate a given purchase . *to contract or a portioaa of a given purchase or contract award for Black, Hispanic and/or Women - owned businesses. Sot -asides may only be utilized where it is i determined; prior to the i.nvitatiom to bid or request for Proposals, that there are a sufficient number of certified Black, Hispanic and/or Rosman -owned businesses to afford effective competition for the purchase. H. Joint Venture shall mean an association of persons or legal entities with the intent to engage in and carry out a •single business enterprise for profit. 95-- 280w 006 2 3 B-7 !14' Procurement Expenditures shall mean a purchase, payment, distribution; loan or advance for the purpose of acquiring or providing goods and services. J. Affirmative Action P1'an shall include the projsctad annual goals mad the timetables which will be used to a employ and/or procure with women and minorities a non- .„'� discrimination policy statement and any other actions which will } bt used to ensure equity in. employment and 'the utilization of minority and female -owned bosinesses. Section 3. A Minority and Women Business Affairs and Procurement Program for the City of Miami is hereby astablished. The City Manager's Office shalt be hold accountable for the full and forceful Implemsentation of the Minority and Women Business J Affairs and Procurement Program by providing appropriate racommendations for action by th.e City Commission. A. For the purpose of assisting the City Manager in the implementation ur. iaib iragram; a Minority and Women i<usintss Affairs and Procurement Committee is hereby establ i shed, consi sti ng of an appropriate num 4or of amemmbers a to be appointed by the City Manager; with full representation of Hispanics, Blacks and Women to be responsible for monitoring the implementation of the program and making recommendations for achieving the requirements of this Ordinance. the Committee shall be responsible for generating yearly progress reports to the City Commission and the community at large. Be The City Manager shall. utilizing existing resources, create an Office of M9nority and Women Business Affairs and Procurement; and shalt provide the appropriate staff and resources necessary for the ptrforeance of, all such adal*Istrati ve duties;, authorise and • implee+ent the administrative guidelines and procedures required; and ensure 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 $lack, Hispanic and Women-owntd businesses. 95— 280 10062 1par:,. I Section 4. The objective of the City fa to achieve a goal of awarding a sl aftuw of $12 of the total annual dollar vet umo of all procurement expenditures.to Blacks, Hispanics and Ramon - owned business ontarpriso% to be apportioned as follows: 1 seventeen percent (17%) to clacks; seventeen percent (17%) to -� Hispanics and seventeen percent (17%) to Women./ �4 -A. To further the goal of increasing the total annual value* of ail procurement expenditures to minority and women - owned business enterprises, authority for a minority and women- t owned business enterprise procurement set -aside is hereby established for use by the City manager as he or she may deem advisable or necessary to increase the participation of Black, Hispanic• and Women -owned businesses to City procurement contracts. t. It shall be mandatory for all City of Mia■i contracts and/or procurement award documents to contain the following: U.) A specific reference to the applicability of the minority Arad Boman Hustness Affairs•...and Procurement Program established by this Ordinance; (2.) A provision stating the right of the City to terminate and cancel any contract or contractual agreement entered into; including elimination of the individual(s) and/or business enterpris*(s) from consideration and participation in future City contracts; an the basis of having submitted deliberate and willful; false or misleading informatian as to his, her or its status as a slick, Hispanic and/or Women -owned busin*st enterprise and/or the quantity and/or type of minority and women -owned business participation; (3.) A roquiremeot -that each Successful bidder or offeror agree to provide a sworn statement of compliance with the provisions of this Ordinance and its specific applicability to the purchase or contract award under consideration; such statement shalt certify that the bidder or offeror. during the 1 Women, depending upon their own annual self-selection, shall be listed in only on* (1) of the categories: race, ethnicity, gender. '-5 B-9 95-- 280 xa062 it*; 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, creed; color, religion: sex, national origin, handicap or marital status; } (4.) A statement of the extent to which the business enterprise has as one ar more of its partners or principals persons who are $lack. Hispanic or Idamen; or is a joint venture comprised of a non -minority and minority business and/or women -owned enterprise. (3.9 A requirement that each bidder submit along with the bid or proposal an Affirmative Action Plan (AAP). Any significant equity participants; joint venture participants, sub -contractors; suppliers or ether parties to the bid or shall also be required to submit such plans. A provision apeeifying the requirements for continued bidder or offeror eligibility including minority and female involvement. Section S. !udders or offerors shall be required to demonstrate a reasomable and load faith effort to solicit and i obtain the participation of qualified minority and women -owned t businesses in all bid and proposal documents. i Section S. Except vhere federal ,or state law or i regulation$ mandate to the contrary; the provisions of this I section will be applicable to all City of Miami, prebid, bid, contract or other agreements negotiated by the City; Section 7. The Minority and Banes Business Affairs and Procurement Program established herein shalt be in effect ants until such time as the effects of prior uawarranted discrimination against Olacks; Hispanics and idamen have been compensated for, at which time the goals and sot -asides -provided for herein shall no longer be observed. Such need shalt be reviewed every two yeari by -the City Commission, upon the jrecommendation of the City Manager. Section a. Ordinance No. 9775, the Minority Procuremont r�J Program Ordinance of the City of Miami, Florida, is hereby reputed. 1006.2 � - 280 B-10 Section 9. Should any part or provision of this Ordinance beideclared by a Court of Fompetent Jurisdiction to be invalid. sage shall not affect the validity of the Ordinance as a uhole. PASSED' ON FIRST READING BY TITLE ONLY this 26th day of Hoveatbee • 1985. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 19th day of Decewber • 1985. ATTEST; • mayor i City Clerk PREPARED AND APPROVED BY: Deputy city ttorney APPROVED AS TO FORM AND CORRECTNESS: LUL f City Attorney AQJ/wpc/pb/ab/6156 1, •Ckrk� I* CRY el Miami. Fiefidd. heal•? CU101% th!• .,w A4 L ..4by A. 0. N a twK. few aaJ awmt sell .Ovr „, wdI.-wwo wss r►41rd at tb: S.Kah lh.K .•f tlw L.aJ+ Canty C�wn Itw.. at tint PL:•^a Pr•^�"l:J t.K wur:t 204 p•w kitkno bf 31ticki.41 %IIJ Copy to the plat pu.viJ.d 1•w(ett•f. WIT,Mil M) hill 11w vi:kisl�rtml 44 .aidU. B-11 aY Ckrk A#- 0 1/g2J8953 fF8 x 3 r,9g9 ORDINANCE NO. I_OS3ff AN ORDINANCE AMENDING CHAPTER 18, ENTITLED "FINANCE", OF THE CODE OF THE CITY OF M�,AMI, FLORIDA, AS•AMENDED, 8Y REDEFINING THE TERM "MINORITY AND WOMEN -OWNED BUSINESS ENTERPRISE AND DEFINING THE TERM "VENDOR" IN SECTION 18-68; REQUIRING IN SECTION 18-72 THAT THE GOAL OF AWARDING AT LEAST FIFTY-ONE PERCENT (51%) OF THE CITY'S TOTAL ANNUAL DOLLAR VOLUME OF ALL PROCUREMENT EXPENDITURES TO MINORITY/WOMEN SMALL BUSINESSES BE APPLIED TO ALL C177 OF MIAMI BIDS AND CONTRACTS; REVISING SECTION 18-73 TO PROVIDE THAT ALL CITY OF MIAMI INVITATIONS, REQUESTS AND/OR ADVERTISEMENTS FOR BIDS, PROPOSALS, QUOTES, LETTERS OF INTEREST AND/OR QUA.IFICATION STATEMENTS CONTAIN THE APPROVED MINORITY/WOMEN BUSINESS ENTERPRISE (M/WBE) PARTICIPATION REQUIREMENTS PURSUANT TO CITY OF MIAMI ORDINANCE NO. 10062 - MINORITY/WOMEN BUSINESS AFFAIRS AND PROCUREMENT PROGRAM; REQUIRING THAT ALL RESULTING AWARD AND/OR CONTRACT DOCUMENTS CONTAIN THE REQUIRED COMPLIANCE FORMS RELATIVE' THERETO; REVISING SECTION 18-73(5) TO EXPAND - UPON - THE AFFIRMATIVE ACTION REQUIREMENTS FOR ALL CITY BIDS AND CONTRACTS; ADDING SECTION 18-76 AUTHORIZING ADMINISTRATIVE DEPARTMENTS TO ESTABLISH THE REQUIRED ADMINISTRATIVE PROCEDURES TO INSURE COMPLIANCE WITH THE CODE; FURTHER, PROVIDING FOR RESOLUTION OF i DISPUTES REGARDING WITHHELD PAYMENTS OF CONTRACTORS AND SUBCONTRACTORS AND FURTHER ADDING SECTION 18-77 DESIGNATING THE DIRECTOR OF THE OFFICE. OF M/WBE AFFAIRS AS THE CITY OFFICIAL RESPONSIBLE FOR ESTABLISHING AND IMPLEMENTING M/WBE BID AND CONTRACT l PARTICIPATION REQUIREMENTS, COMPLIANCE GUIDELINES, AND MONITORING AND REPORTING PROCEDURES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, Ordinance No. 10062 dealing with Minority/Women Business Affairs and Procurement established the annual goal of procuring/contracting fifty-one percent (51%) with minority/women owned and managed business enterprises; and WHEREAS, Administrative Policy Manual 4-86 (AP2•1, 4-86), issued October 1, 1986, provides for the administrative implementation of Ordinance No. 10062; and 1. WHEREAS, it has been determined that there is further need for legislative relief to obtain said goals, particularly as it B-12 9N-�� I,yr:. relates to the City's bid, proposal and contract process and the resulting documents on a bid/contract by bid/contract basis to achieve the annual goals; NOW, THEREFORE, -BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section i. Section 18-68, is hereby amended in the following particulars.I "Sec. 18-68. Definitions. For the purpose of this article, the following terms, phrases, words, and their derivations shall have the following meanings: Minority and women -owned small business enterprise means a business enterprise in which at least fifty-one percent (51%) of said enterprise is owned by Blacks, Hispanics or women whose management and daily business operations &re controlled by one or more Blacks, m Hispanics or Women and who emaloy a maximuof twgnty- five _ t25 ) mo oyees or have a net worth not in excess of two million dollars." p + a vendor means any business entity providing goods, services or equipment to the City of Miami through a purchase, field or blanket order or contract." Section 2. Section 18-72(a)', is hereby amended by adding the following language: "(a) The objective of the City is to achieve a goal of awarding a minimum of fifty-one percent (51%) of the total annual dollar volume of all procurement expenditures to Black, Hispanic and women. -owned small business enterprises to be apportioned as follows: Seventeen percent (17%) to Blacks, seventeen iii percent (17%) to Hispanics and seventeen percent (17%) to women; such goal shall be agglied to all ( city bids n contrsicts . " Section 3. Section 18-73 is hereby amended by adding the following language: "Sec. 18-73. Required statements for solicitations or notices; required statements on contracts and awards. 1 words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. -2- IL0538 95- 280 B-13 It shall be mandatory for all City contracts and/or procurement award documents to contain the following: (5) A requirement that each bidder, proposer, or vendor, submit along with the bid or proposal an affirmative action plan (AAP). Any significant equity participants, joint venture participants, subcontractors, suppliers or other parties to the bid or proposal shall also be required to submit such plans. The objective of the City is to require that biddegs, proposers and vendgrs doing business with the City of MjaML take certain actions P ioned t!2 assure equital2le yarticigation of Blacks Hispanics and Women -in their -hiring and promotion activities In view of this objective: •a• 01 -n-1 -.- Win: .! ..!- Section 4. The following new Section 18-76 is added in its entirety: "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 O with the provisions as set forth herein. -3- 1U538 B-14 The Finance Department is mandated to institute payment procedures which will insure, in those instances in which the M/WBE bid or contract requirements result in contracts, subcontracts or joint ventures for M/WBEs, that compensation provided pursuant thereto shall be in the form of a check made payable to the primary contractor, bidder or proposer, and (if appropriated jointly) to the minority/woman business enterprise subcontractor 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 contractor or bidder/proposer or the M/WBE, under the terms and conditions of the City contract or procurement award document, compensation shall be withheld until such time as the dispute is resolved 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." Section 5. 'rhe following new Section 18-17.is added in its entiretya "Sec. 18-77. Designation of the Director of the Office of Minority/women Business Affairs. The Director of the Office of Minority/Women Business Affairs is designated as the official responsible for establishing M/WBE bid and contract/award requirements, creating and implementing. compliance guidelines, monitoring compliance, resolving disputes, and reporting on all of the above to the City Manager." Section 6. All ordinances or parts of ordinances in conflict with the provisions of this ordinance insofar as they are inconsistent or in conflict with the provisions of this ordinance are hereby repealed. Section 7. If any section, part of section, paragraph, clause, phrase, or word of this ordinance is declared invalid, the remaining provisions of this ordinance shall not be affected. PASSED ON FIRST READING BY TITLE ONLY this 15th day of December , 1988. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 12th day of January 19 89. A XAVIER L. EZ, Mayor City MIAY Clerklerk 9 5- 280 -4- 10538 B=15 41> PREPARED AND APPROVED BX: LINDA K. KEAR50 Assistant City Attorney APPROVED AS TO FORM AND CORRECTNESS: 4JOR E L. FER ANDEZ Cit Attorne LKK/pb/bss/M424 -5- 95— 280 a.oa38 B-16 APPENDIX C Watson Island Master Plan (selected excerpts) 95- 280 WATSON ISLAND MASTER PLAN ■ INTRODUCTION Watson Island is an entirely man-made spoil island, located in Biscayne Bay, 86 acres in area, consisting of dredge material from Government Cut. Watson Island was originally deeded to the City of Miami by the State of Florida in 1919. The island has remained largely undeveloped for seventy years, serving primarily as open recreational space and a transportation terminal for seaplanes, helicopters, and until 1980, an airship. The island has been the subject of repeated efforts to develop major public facilities from a 1935 proposal for a Pan American Merchandise Mart to more recent concepts for a theme amusement park in 1980 and a Marine Exposition Center/marina and hotel in 1986. None of the past proposals had been preceded by a public policy plan for the island that gave direction to these private initiatives. PURPOSE OF PLAN In accordance with Commission Motion No. 88-253, the Watson Island Master Plan presented herein offers a set of public purpose goals for the island and addresses policies for the use, development, enhancement, and infrastructure support needed to achieve those goals. Standards for the type, amount, area, and management of the proposed activities are set forth to assure fulfillment of policy objectives. NJ 0)0., CONSIDERATIONS Watson Island is thought of by many as a "clean slate". No leases are in force and no significant improvements exist except the Japanese Gardens, which are being improved and must be kept. The only significant constraint governing the future use and development of the island is the 1949 deed of conveyance from the State of Florida to the City of Miami. The deed expresses certain limitations on the use of the island, which, if violated, will render the deed null and void. The language of the deed restriction is as follows: "...this deed is given and granted upon the express condition subsequent that the Grantee herein or its successors and assigns shall never sell or convey or lease the above described land or any part thereof to any private person, firm or corporation for any private use or purpose, it being the intention of this restriction that the said lands shall be used solely for public purposes, including municipal purposes and not otherwise." In 1980 and again in 1986, the city of Miami sought a waiver of these provisions from the Trustees of the Internal Improvement Fund of Florida (the Governor and Cabinet members) to permit the leasing of portions of the island to private interests. The waiver was granted on the basis that the proposed leasehold uses were in substantial conformance with the public interest and purpose of the island and in furtherance of municipal purposes. Thus, past experience suggests the Watson Island Master Plan has the flexibility to consider private and corporate leasehold activities, provided such uses demonstrate a relationship to public purpose. This leqds to a wide range of use options that has induced past development efforts to "clean the slate" and impose on the island a major redesign and conversion of uses. The "clean slate" approach is appropriate, however, only if historical and existing use patterns as well are to be disregarded in a new plan. It is here the public purpose question comes into clear focus. What has seventy years of constant and extensive use told us about the role this island plays in the life of the cityT PUBLIC PURPOSE FOR WATSONQn SLAND It is the particular challenge of this plan to fashion a clear and compelling statement of public purpose for Watson Island. "Public purpose" must embrace a diversity of interests; open space, recreation, maritime, tourism, downtown, center -city neighborhoods, government and environmental. The ideal master plan accommodates all of these interests with a balance that the public can sense is in proper proportion. Finding, defining and balancing these "public purpose" interests would be for most plans, a very difficult task. For Watson Island the job has been simplified, for one unique and compelling reason: FOR SEVENTY YEARS, THE PUBLIC HAS BEEN FREE TO ADOPT AND ADAPT WATSON ISLAND TO ITS NEEDS, MUCH AS IT SEES FIT. THE PATTERNS AND PATHWAYS OF PUBLIC USE AND THE MERITS OF THOSE USES ARE WELL ESTABLISHED AND UNDERSTOOD. AS A PROVING GROUND FOR PUBLIC PURPOSE, NO BETTER PROCESS CAN BE DEVISED. IT REMAINS TO TRACE THESE PATHWAYS OF PUBLIC USE TO FIND WHICH LEAD TO A USEFUL FUTURE AND WHICH HAVE TURNED AND FADED. n u2■ 4r-, i�+ina Use Patterns - The following description of the historical and existing uses of Watson Island reflects assessments of both planning staff and public opinion (as expressed in informal field surveys): RECREATION/OPEN SPACE - Public gathering, strolling in the Japanese Gardens, swimming, unstructured play (softball on the green), sunbathing, ethnic festivals, polishing the car, picnicking, jogging, celebrating birthday parties, etc. - Watson island is to the center city what Kennedy Park is to Coconut Grove. The key ingredients in this recreation profile appear to be the spaciousness and openness of the island. It feels safe because it is so easy to see what is going on around you and it rarely feels crowded; plenty of room to do your own thing, publicly yet anonymously. This is a constant and active element in the island's use and generally perceived by the public to be its most valuable activity, one that must be maintained and emphasized. Existing Uses Public Park (central open space) ............ 10 acres Shoreline recreation (cruise ship viewing) .. 3 acres Public Beach - 12/02/88 .......... .... ..... 2 acres Open field areas (north and east shores) .... 6 acres open field areas (south of causeway)......... 10 acres Total 31 acres OBSERVATION - Watching the cruise ships, waiting for Chalk's amphibians to splash down in Government Cut, driving across the island to see the panorama of downtown, the port and Miami Beach (60,000 people each day), strolling the docks to see the days charter boat -fish catch, watching the sunset silhouette the city's skyline, enjoying Bayside's fourth of July fireworks and pausing to catch the spiral landings of helicopters. Many still recall vivid images of the blimp drifting to earth, several men tugging on trailing ropes as though landing a giant celestial tuna. People have discovered there is no better place to see the city and the swirl of activity that surrounds the island. for many, Watson Island is the observation deck of the city; a fishbowl that seems to magnify the spectacle of city life that leans in on all sides. •3s J*: BOATING - Charter fishing at the old city marina, refueling at Phillip's 66 docks, sailing in club regattas along the Venetian Isles, power boats slicing through the intercoastal waters, surfing catamarans onto the shore, jockeying trailers for the right angle at the ramps, a yacht in from the islands trailed by the marine patrol, kids bobbing along in prams and parading motor boats draped with festival lighting, Watson island is the bay's only public island (excluding spoil banks) with full 360 degree access by boat. Eight thousand lineal feet of public shoreline make the island a natural resource for marine recreation and public boating. Without exception, however, the shorelines are a crumbling and decayed vestige of the islands long boating tradition. Existing Uses Miami Yacht Club ....................... 3 acres Miami Outboard Club ....................... 3 acres Public Boat Ramp .......................... 4 acres Public Marina ............................. 2 acres Phillips 66 fuel docks .................... l acre Total 13 acres TRANSPORTATION/SIGHT-SEEING - Catching a Chalk's flight to the Nassau casinos or an out -island resort, chartering a sailing cruise to the Keys or spinning off in a helicopter for a tour of the bay or a quick hop to a meeting in Broward County. For fifty years until 1980, a blimp offered a lazy glide over our subtropical landscape, if you were willing to wait hours in line for a 30 minute trip. No other city could boast of this unique combination of exotic devices for personal transport. Still today, Chalk's remains one of the world's only scheduled seaplane services. It has been said that Chalk's Airline since 1919, the world's oldest, is to Miami what the cable cars are to San Francisco. Existing Uses Chalks Airline ......................... 2 1/2 acres Dade Helicopters ........................ 5 acres Airship field (not in use) .............. 7 acres Total 14 1/2 acres ■4m 4- Relationshi s tg_o_the City - How does Watson Island presently fit into the larger scheme of the Bay, downtown, other waterfront parks, and adjacent cities? Watson Island is: The Largest Public Open Space In The City - Its 86 acres are twice the size of Bicentennial Park and larger than Manor, Moore, Curtis and Peacock Parks put together. It is our "Central Park" and one of the most important resources in the City of Miami available to meet future resident and visitor needs for quality public open space. The Only Undeveloped Biscayne Bay Island - All other lands within the Bay are defined and improved either for public or private purpose (with the exception of parts of Virginia Key). Watson Island represents the last great opportunity to completely reshape lands among the most inherently valuable in South Florida. Detached from City Life - As an island, it enjoys a degree of isolation from urban activity patterns. The island is self-contained and not easily integrated with mainland uses. its almost complete dependence on auto -access further complicates relationships to mainland, especially downtown, developments that rely heavily on pedestrian and transit interconnections. The City's Best Resource for Maritime Improvements - Miami has, despite its extensive shoreline, few opportunities for expanding facilities to serve fast growing marine recreation interests (Virginia Key's beaches, shallow waters and mangroves limit boating access). Especially since it has good access to the superior boating environment of the south bay, Watson Island has significant market as well as physical capacity for wet slip construction and land side boating services. The Biscayne Bay Management Plan projects a demand for 1000 additional wet and dry public boat slips (primarily power boats) by the year 2000. Adding to the concern for finding new boat slips is the decline in Miami River marina space. The well established maritime economy of the river (boat yards, sales, supplies, services, manufacturing) is dependent on marina space to generate consumer demand. There is a mounting need for new boating facilities near the river to sustain the thousands of maritime jobs at risk in Miami from competitive and superior marina facilities in Broward and Monroe Counties. A Superior Location for Tourism Related Development - Within sight of downtown, Bayside and South Miami Beach and only ten minutes from the Airport and the Seaport, Watson Island is an attractive location for almost any development concept that seeks to expand the tourist base of our regional economy. So attractive, in fact, that past concepts have consumed the island to the exclusion of local recreational space. Termed "attractions", these tourism concepts sought -to add new dimensions to the package of local visitor offerings. The leading question now, however, is whether any "attraction" that doesn't draw repeat local resident visits can survive. Recent fundamental rethinking in the national "attractions" industry (in the wake of numerous financial failures) is now favoring activities that are oriented to the local residents, of high quality and permanence, with educational value, and an authentic part of local culture and life-styles. U ■5■ i Assessment of Public Purpose - Given a long history of active and meaningful public use, and a unique relationship to the city and region described above, the following statements of public purpose are set forth as the basis for subsequent master plan policies: I. Watson Island is public open space, deeded to the City of Miami as such, and should be retained as a primarily open, undeveloped, recreational island. iI. Watson Island should be open to and accessible from Biscayne Bay, the region's greatest open space and recreational resource. Protecting views to the bay and offering facilities for boating access are fundamental aspects of meeting this objective. III. Watson Island is neutral ground in the City; open space that belongs to no neighborhood but to all communities. It should foster the public gathering of the broadest range of local citizens. IV. Watson Island is a strategically central point of entry to the City by sea and by air. Its role as a connecting link in transportation services to the Bahamas, Florida Keys, and Gold Coast communities is valuable and should be enhanced. V. Watson Island's historic combination of airships, seaplanes, helicopters and sailing vessels was unique in the world, a point of local pride and enjoyment that should be valued as distinctive element in making Miami a special place. �,XISTING ISS t S ANn CONSTRAINTS Watson Island presently has several site, environmental and management issues that constrain potential development policies for the island. These include: No Leases - None of the current clubs or commercial tenants on the island have leases with the City. All except Chalk's operate month -to -month with 30 day revocable use permits, but continue to make normal monthly lease payments to the City. Chalk's airline has no agreement in any form with the City and makes no payments (and has not since 1919). The lack of a lease makes it impossible for any tenant to finance improvements to their property which has resulted in generally poor physical site conditions and inadequate facilities for all of the island's tenants. Until long term leases can be offered, the poor conditions will not significantly improve. Poor Maintainance - The City of Miami does not have the resources to provide the high level of maintainance required for the island's heavily used public open spaces. C'• �M `, ���-`� ,r .'�\..��• �\tip.. r6s Environmentally Sensitive Perimeter Bay - bottoms - Fragile bay -bottom grass beds exist near the north and east shorelines that cannot be disturbed by pier or marina construction. Poor Water Quality - The Mac Arthur Causeway east of the island prevents tidal movement of waters north of the causeway. Poor water quality along the islands easterly shore results from the entrapment of waters that remain cut-off from tidal action in Government Cut. Prevailing Winds - Southeasterly trade winds and northwesterly winter breezes affect the ease of sailboat access to the island making the Northeastern point of the island a good location for sailboat access. Traffic Intersection Hazards - The at -grade, non -signalized intersection between local island traffic and Mac Arthur Causeway is very hazardous, particularly for vehicles leaving the island and attempting a left turn to enter the Causeway. Pedestrians crossing -the causeway to attend special events in the park (after parking on the south side) create significant disruptions to traffic. Turbulent Water - The Intracoastal Waterway boat traffic and bulkhead induced chop from the cruise -ship turning basin creates wave conditions along the existing marina (west shore) that are very disruptive to vessels docked there. Brown House Damage - The historic Brown House, moved from Edgewater to the north shore of the island, remains unoccupied and severely damaged from the partial collapse of the structure during the move. Lack of Utilities - The island has no sanitary sewers and water service is inadequate with propertiesalong the north and east sides of the island suffering from low water pressure (and consequent fire protection deficiency). Helicopter Noise - The heliport creates significant noise, which can be, depending on take -off and approach patterns, disruptive to park users. Causeway Reconstruction - The State of Florida Department• of Transportation has proposed a complete reconstruction of the causeway from Star Island to the mainland with the existing bascule bridge to be replaced by a high level, fixed span structure. The causeway east .of Watson Island is in the final design stage but the new bridge design is only in the preliminary design stage. The construction of the bridge and causeway would not occur, at the earliest, until the early 1990's. Any development of the island that would significantly increase traffic will need to be phased with the construction of the causeway and bridge improvements. ■7■ MASTER DEVELOPMENT PLAN Objectives for the public use and improvement of Watson Island are: 0 Enhance and expand public use, particularly recreation. ® Attract a diversity of user groups. Protect and enhance desirable existing patterns of public use. 0 Enhance the island's natural and historic assets of views, water, and historic uses. 0 Expand and improve the island's interrelationship with the bay. 0 Provide a Use Program relevant to Downtown, Miami Beach, the Port of Miami, and Miami River maritime community's needs as well as regional resident recreational needs. 0 Provide a public use and development program that will be economically self- sustaining. c:n It is recommended that Watson Island incorporate six principal uses (see map - Furure Use Concepts): ■ OPEN SPACE RECREATION The plan places a major emphasis on preserving the island as a resource for passive recreation and public gathering by retaining the popular and valuable large central open space and Japanese Gardens and enhancing traditional public activities of viewing cruise boats and swimming. ■ACTIVE FIELD GAME RECREATION Expanding the public use of the island, particularly for youth groups can be accomplished through the addition of much demanded athletic fields for active recreation. ■ MARINE RECREATION Increasing demands for marina and organized boating activities from a rapidly growing population of boaters plus Watson Island's attractive and accessible shorelines makes the use of particularly the north and eastern shores for marinas, clubs, and boat launching a natural activity to be enhanced. ■ TRANSPORTATION SERVICES Historic use of Watson Island as a "Jumping-off" point for travelers to the Bahamas, Keys, the Carribean and increasingly, other gold coast communities, has contributed a unique dimension to the image and function of the city. Steady and growing demand for these services makes it important to retain and enhance them, but in a more efficient and concentrated use of land. SON MASTER PLAN CONCEPTS WATSON ISLAND M A S T C R P L A City .1 mi..i pl. -10 D. p lt-t DEEP WATER MEGA -YACHT MARINA AND HOTEL A unique opportunity exists for developing a 'marina and associated land -side services (hotel and retail/ entertainment) that would serve an as yet untapped market (south of New York City) for accomodating international mega -yachts (over 100 feet) and the business trade they attract as floating meeting centers. OBSERVATION DECK The island's role as a special place to view the city and the bay, long appreciated by the island's visitors, can gain a new dimension with the addition of a landmark tower that accomodates a high level viewing platform to fully reveal our magnificent subtropical coastline. LAND USE PLAN The following use and development standards for Watson Island (see accompanying map, Master Development Plan) are directed to the realization of "public purpose" principles and master plan objectives outlined above. pURMC OPEN SPACE AND RECREATION The master plan provides four principal spaces within the island for the public's enjoyment of traditional park and open space and passive recreational pursuits: 1) The Central Commons - The existing park space that occupies almost 13 acres in the center of the island east of the causeway is heavily used, especially by small ethnic festivals. It requires upgrading, however that would includes O Additional landscaping with palms, flowering trees and native subtropical shade trees is needed to soften and beautify a now plain and somewhat barren green space. It is important, however, that the openness and spaciousness that contributes to its usability and sense of safety not be lost through overplanting with dense walls of green that limit visibility. p Improved restrooms; ■ Improved and limited signage; ■ Expanding its area by an additional acre through realignment of the perimeter road closer to the boat ramps. B Construction of a children's playground. ■ Inclusion of small court games such as horseshoes, bocce, croquet, handball, or badminton (south end of park). ■ Provision of picnic tables and grills and vita -course in the shoreline open area north of the boat ramps. ■9a 2) The Caribbean Plaza - Perhaps the most popular spot on the island is the shoreline facing the Port of Miami and its massive but elegant cruise ships. To enhance the pastime of watching these cruise ships as they arrive and depart the following improvements are proposed: ■ A 1000 foot long plaza at the shoreline paved with a tile mosaic depicting a map of Florida and the Caribbean islands extending to Venezuela. Routes of the cruise ships would be shown as lines connecting ports -of -call and named for the respective ships that travel them. People watching the ships leave could trace their routes as they walk the plaza and learn the geography of our tropical region. e A baywalk paralleling the water's edge complete with palm landscaping, benches, and lighting. It is important that landscaping offer shade along the plaza but not block the view to the port from the causeway. ■ Small piers, similar to those at Downtown Bayfront Park which offer bench seating and a chance to fish as well as a small boat landing. o Vending stalls, spaced regularly along the plaza to allow for offerings of refreshments. ■ A flower market near the east end of the plaza to maintain the tradition of colorful flower stands serving the causeway traffic. 3) The Beach - A sandy beach formed naturally by currents from the intracoastal waterway exists at the extreme northwesterly corner of the island. It is heavily used despite the lack of maintainance and supervision. The unique dimension this unexpected recreational resource adds to the island's open space program can be enhanced throught o Landscaping the site (removing the australian pines) with coconut palms, seagrape, and dune system ground cover; ■ Adding a baywalk promenade (see Circulation for full baywalk system) along the inland edge of the beach with shade trees, seating, and lighting; ■ Providing lifeguard services and marker bouys lining the perimeter of a swimming area that would be secure from intrusion by boats; ■ Developing a privately operated restaurant at the east end of the beach with primarily open air, deck seating and oriented to fresh seafood ("cook your catch") and light fare/refreshments/entertainment; ■ Providing open showers and fresh water along with bathroom facilities adjacent to the new restaurant. 1-1--v RIO VJ8;. to 77-il- 35-45 FT. 25-35 FT. �fi - 15-25 FT. 1-15 FT. 77= GROUND LEVEL HEIGHT CONTROLS VIEW CORRIDORS WATSON ISLAND IN M A S T E P P L A N Cily of Mlaml Plinning Dopett—M 4) The Japanese Gardens - Restored in 1988, the gardens must be maintained to the highest standards. To provide the basis for that restoration, the City should arrange for the management and care of the gardens by a non-profit association devoted to the garden. As a source of funds for the maintainance, but just as importantly to assure active public use of the gardens, a Japanese restaurant or tea house should be constructed adjacent to the gardens where the oriental ambiance and confined spaces within the garden would contribute to the dining experiance. This restaurant would be administered by the designated association and revenues earmarked for the garden's care. Z11:) c� Two areas are recommended for public use as active field game and sports recreation facilities: 1) A sports field game area (5 1 J2 acres) with fully equipped facilities for baseball, football, soccer, basketball and volleyball is proposed adjacent to the cruise ship viewing plaza. Spectator seating is not recommended. The usual backstop, goal nets, outfield fences, etc. are to be provided but wind screening, heavy landscaping or solid walls that would block views from the causeway across the fields to the cruise ships should not be used. 2) An open field area (8 1/2 acres) immediately northwest of the sports fields is recommended for a dual purpose airship base and recreational field games. The airship base (see Trangportation Services) needs only a mooring mast and a small office with a seven acre open field for landing. It would likely be present for only the winter event season leaving several months available for active recreational uses to utilize the open fields. Like the numerous pick-up games that materialize on the mall in Washington D.C., this area would be available for a variety of athletic usese baseball, softball, football, rugby, soccer, field hockey, polo, and a running track. Each special game area could be permanently marked on the ground for ease of use, but fixed equipment (goalposts, high backstops) would not be installed so as to permit the airship use. This area would remain visually open to maintain causeway views to the downtown skyline and the cruise Watson Island should emerge, with full implementation of this plan, as the premiere recreational boating center in South Florida. Facilities, programs, services, and support relationships with the maritime community are all a part of the following recommendations: 1) New 250 Slip Public Marina - A public marina for recreational boats (average under 50 feet) is proposed for the north shore. The marina must respect sensitive grass beds (see site Conditions map) in the location of piers. The marina would include: • Approximately 250 wet slips ■ Dry storage racks for 200 power boats (under 40 ft) with first refusal rental rights for power boat club on island a Baywalk promenade the length of the marina at the shorline V Dockmasters offices, convenience store, supplies, showers, lockers & food services in a restored Brown House N Incidental repair services but no boat yard with full service repair which is available on Miami River. O Reserved slips (10-20) for charter fishing boats near the proposed seafood restaurant (see Recreation - Beach) C Reserved slips (10-15) for hourly tie-ups (restaurant) cc CP ND 00 C) 2) New 30 slip' Mega -yacht Marina and Hotel - A public marina designed and operated to serve exclusively very large luxury yachts (100' - 200') does not exist in South Florida (few places have the required deep water access). The west shore of the island, facing the turning basin, is unsuitable for small boat marinas due to rough water, but the megayachts can withstand these conditions, particularly if shoreline rip -rap is used to reduce wave kick -back from bulkheads and new intracoastal waterway no - wake rules are enforced. The megayacht marina concept offers several benefits to the community: ■ These large yachts often serve their corporate owners as business meeting facilities, thereby attracting international clients to the marina for business purposes, a significant enhancement for downtown's business activity. e Annual expenditures for maintainance, staffing and provisioning these yachts can amount to 10-15% of their total cost; a potential direct economic spin-off for the port that can exceed $1,000,000 annually per vessel. ■ Luxury yacht marinas often attract sizable numbers of visitors who can view these exotic craft up close (one such Mediterranean port registers as many as 2,000,000 such tourist visits annually,) i As one of very few international megayacht marinas in this hemisphere, the establishment of one on Watson Island would signal yet another step in Miami's emergence as a world class city. ■l2■ The development of a megayacht marina will require the inclusion of support facilities if it is to successfully attract the world's fleet of corporate yachts for extended stays. Desirable components proposed are: ■ a 150 to 200 room luxury (potentially all suites) hotel is needed in particular to serve the business guests hosted by the yachts. It should not exceed five stories or 60 feet above grade (including flood criteria) to protect against intruding on the open space and low recreational scale of the island. Its proposed location adjacent to the new high level causeway bridge further minimizes its physical impact on the island's internal public views while offering the hotel vistas of the downtown skyline. The expected compliment of service and recreational amenities (tennis courts, pools, restaurants and gardens) for guests would be permitted ( the proposed 10 acre site includes space for these), but substantial meeting room facilities are not (this is the function of the yachts). ■ a complex of small shops and restaurants lining the marina is needed for providing basic services to guests, marina tenants, and sightseeing vistors. Not to exceed 40,000 leaseable square feet or one level above flood criteria (to preserve hotel views and pedestrian scale of marina, this small retail center is not for shopper's goods (dresses, shoes, jewelry, etc.) that would duplicate Bayside retailing. ■ an observation tower adjacent to the marina. The marina visitor (tenant or tourist) will enjoy the opportunity to expand the island's natural bay vistas by ascending a 100 to 150 foot tower to an observation deck. Here the full breadth of the shoreline and chain of bay islands would be revealed; one of the region's most unique and dramatic sights. The tower can serve as well as a landmark symbol for the island; a contemporary lighthouse that could house a small museum at its base recalling the rich 70 year history of Watson Island and man's impact on the bay. Potential exists to incorporate food services into the observation deck or at its base. It is not recommended that this tower assume the proportions of world's fair towers (ie. in Seattle or San Antonio) that rise several hundred feet and are a symbol of the entire city. Such a large structure would surely visually dominate the island and its passive parks and would likely require substantial commercial development to economically support its costs. Y a baywalk promenade joining the retail/restaurant services to the marina. A fifty foot wide, publicly accessible walkway with seating, landscaping, lighting and vending extends the length of the marina and connects to the proposed public baywalk circling the island. This waterfront plaza could become the needed center of nightime public activity on the island adding safety and extending public use and appeal of the island. ■l3 ■ 3) Boating Services and Fuel - The existing commercial fuel docks and convenience boating and fishing supply store adjacent to Chalk's airline should be upgraded to include: n retail sales of basic boating and fishing supplies and groceries; ■ a new structure, not to exceed 5000 square feet, with enclosed storage and screened trash collection areas; q a new dock, extended in length to service at least four vessels with fueling from the dock (retain existing tanks); b extensive landscaping. 4) Marine Patrol / Customs Facilities - The Miami Police Department's Marine Patrol needs permanent office, storage, and boat docking facilities with easy access to the city's bayfront and river. Watson Island is ideal and should incorporate, next to the above retail service/fuel facility, a marine patrol center and U.S. Customs processing for international arrivals of pleasure craft. Included in the center should be docks, an office structure up to 5000 sq. ft, parking for up to ten vehicles, and storage . 5) Improved Public Boat Ramps - The existing public boat ramps on the island's east shore should be improved throughs CID cn i p rebuilding the ramps to improve safety and utility; 1 resurfacing of the ramp area; ■ construction of trailer parking (min 50 spaces) and improved circulation drives; ■ construction of a small (1000 square foot) retail convenience shop (food, boat supplies, bait, refreshments) to serve both ramp users and park users of adjacent picnic, game court and open commons areas; ■ landscaping. 6) Improvement of Boating Club Facilities - The island presently accomodates two public boating clubs, one for sailing craft and the other for power boats. They perform a valuable public service through the organization, promotion, management, and physical accomodation of special boating programs and activities. Boating education, regattas, parades, special races, and tournaments as well as hosting special visitors and charitable events are all of benefit in expanding public access and enjoyment of marine recreational opportunities. To continue and improve this service, two boating clubs (sail and power) should be: ■ established with long term leases (25-50 years) through a competitive bid offering by the city; vl4■ ■ offered sites at the present locations but with leasehold boundaries as defined on the Master Development Plan map. ■ required to provide upgraded clubhouse facilites; ■ required to upgrade and landscape extensively the sites and particularly surface boat storage areas (visually screened from external view); ■ required to establish and operate extensive public outreach programs to educate and introduce area residents to recreational boating. In particular, each club should annually enroll area youth ( not less than one per ten club members) who are disadvantaged or disabled and otherwise unable to gain normal access to recreational boating, in free sailing and seamanship classes. ■ encourage (through the bid offering) to maintain the traditionally low membership fees as a means of assuring maximum membership accessibility to area residents; ■ continue to condition the amount of lease payments on the extent of City of Miami resident membership. CO c� 00 The use of Watson Island for transportation services dates to the very origin of the island in 1919 when Pappy Chalk started the world's first airline from a terminal at the edge of Mac Arthur Causeway. As Watson Island grew in size with fill from Government Cut, additional services were added, the blimp base in 1929 and a heliport in the 1960's. It is a principal recommendation of this plan that these services continue to occupy the island under the following provisions: 1) Seaplane Base - A long term lease for the operation of a seaplane base should be offered for public bid by the City. Conditions of that lease offering should include: ■ a leasehold site not to exceed 3 acres (exclusive of parking) as generally depicted on the Master D ve Qpment P1_an map. operation of the seaplane base with the role and responsiblities of a "fixed -base operator". As viewed by the Federal Aviation Administration, a "fixed -base operator" controls the flight dispatching and service operations for aircraft operating from the site. Included would be helicopter dispatching and service facilities; ® combining fuel and aircraft servicing areas (seaplane and helicopter -two pads) with servicing limited to normally required incidental maintainance, not major mechanical servicing; ■ development of an improved terminal facility not to exceed 10,000 square feet including passenger ticketing and U.S. Customs processing areas. Food services for passenger convenience are desirable; ■ docks for temporary berthing of potential water taxi service to the mainland and Miami Beach; e extensive landscaping of the site; in particular the screening of service and fueling areas. ■15N 2) Heliport - The provision of helicopter services for sightseeing and regional transportation should be accomodated in a long term lease to a commercial helicopter operator that includes the following provisions: ■ relocation of helicopter landing pads (3, potentially 4) to a shoreline location adjacent to the seaplane terminal, with all landing and takeoff flight patterns over the Government Cut waterway; i construction of a passenger terminal/offices adjacent to the seaplane base and not to exceed 2500 sq. feet in area. a full access to available helipads by transient private, commercial and government (Coast Guard, Customs, Police, etc.) helicopters for temporary landing needs; M the total site area for landing pads (excluding service/fuel area pads) and terminal should not exceed one acre. a flight operations and servicing shall be subject to management of the "fixed -base operater (see seaplane base). 3) Airship 9ase - The return of airship services for sightseeing and special events is proposed through establishment of a landing and mooring area between the seaplane base and the causeway. Terms and conditions for the creation of the base are: ■ a long term lease for operation of an approximately seven acre area (see Master Davelopment Plan map) for landing and temporary moorings of airships should be offered for public bids by the City; ■ The airship shall be available for public sightseeing rides and a passenger's terminal and operations office not to exceed 1500 square feet in area shall be erected and maintained by the airship operator adjacent to the �.n heliport; Zzi 00 v no structure for the storage of the airship, except a mooring mast, shall be permitted on the island; ■ appropriate perimeter barriers (cables or low fencing) shall be erected around the landing field and during times of airship use, the airship operator shall erect signage that indicates to the public the restricted use of the field for airship purposes only; p If the airship does not utilize the landing/mooring field for any period in excess of 30 days, the field shall be open for public utilization as a recreational field game facility and all restrictive signage removed by the operator until the resumption of airship use. ■ the City may mark the landing field area on the ground for field game recreational use, but no above ground apparatus shall be installed. M CIRCULATION AND PARKING The following recommendations for access, vehicular and pedestrian circulation, public transit services, parking, and support infrastructure are predicated on the above described land use plan. A The principal circulation issue has historically been the conflict between Mac Arthur Causeway and local island traffic. Watson Island has been divided into two distinct and quite separate parts by the causeway which is difficult and dangerous to cross. Entering and leaving the island is hazardous as well since the only causeway intersection is without signalized control. The existing network of roadways within the island is a patchwork of old causeway lanes, driveways, service roads and ad hoc dirt lanes worn in by constant use. Parking on the island is uncontrolled with vehicles free to park anywhere. The following recommendations establish a heirarchy for vehicular systems that is illustrated on the accompanying maps Access - ri rrnlntlnn - Parking - Marinast 1) Mac Arthur Causeway - The causeway, including the bascule bridge over the Intracoastal Waterway, is scheduled by Florida DOT for complete reconstruction in 1994 and completion in 1996. The planned improvements retain the 6 lane cross section with widened lanes but replace the existing bascule bridge with a high level (65 feet above sea level) fixed span bridge. The following modifications to the existing preliminary plans are proposed: ■ Accelerate the construction phase to begin in 1991; ■ Utilize the four percent grade for the bridge approach rather than the alternative five percent; ■ From the end of the bridge and for the first approximately 600 feet of the causeway as it enters the west side of the island, a pier structure should be utilized to allow for use of the space below the causeway for a circulation road and parking. Earth fill for the remaining grade to the east is acceptable. ■ Establish an at -grade intersection with on and off lanes connecting to local island roadways at approximately station 1082 (FDOT constuction plans for I-395 / Mac Arthur Causeway Bridge) which occurs adjacent to the Japanese Gardens (see Access -Circulation map). A grade separated overpass connecting the two sides of the island is not proposed. Projections of traffic impacts (see appendix - Trip Generation Estimates-199,90 ■ The intersection should be signalized with median left turn lanes; o Provide a westbound off -lane and an eastbound on and off -lane 'at the east side of the island (adjacent to Miami Outboard Club); ■ Allow for future development of proposed light -rail system within median but confine the light -rail to an at -grade crossing of the island (no aerial guideway structure on the island where columns obstruct views and potential grade separated pedestrian or vehicle crossings of the causeway would be eliminated); .17. VIX. I GO e Allow for proposed light -rail to provide a station platform immediately west of the proposed at -grade intersection (see above) with a pedestrian overpass spanning the causeway and connecting to the median platform; ■ Allow for the incorporation of potential ramps to a tunnel linking to the Port of Miami (feasibility analysis in process by FOOT). 2) Circulation Roadways - The following system of roadways for internal circulation is proposed: ■ A new primary access road aligned with the proposed causeway intersection (see above); ■ A roadway linking the two sides of the island by passing below the elevated causeway bridge approach approximately 300 feet from the west shoreline; N An access road serving the proposed public marina (east side of island) that is separated from the primary circulation road of the island. ■ A median divided, heavily landscaped roadway the length of the island from the proposed hotel to the Caribbean Plaza, and also as a primary entrance road from the causeway intersection. 3) Parking - The island is heavily used but has relied primarily on informal roadside parking and overflow field parking for special events. To control random parking and minimize the present damage it inflicts ,on landscaped areas, the following recommendations are proposed: ■ provide paved parking areas in the following locations: a) below the causeway bridge approach - 200 spaces b) adjacent to the seaplane base - 250 spaces c) adjacent to the megayacht marina - 120 spaces d) adjacent to the beach - 50 spaces e) adjacent to the Japanese Gardens - 80 spaces f) adjacent to the public marina - 180 spaces g) trailer parking next to boat ramp - 50 spaces h) adjacent to the boat service/fuel - 25 spaces i) below and adjacent to the hotel - per code j) within boat club sites - per code ® provide soft surface parking (turf grass over stabilized sub -grade) in the following locations: a) around perimeter of central park - 300 spaces b) along edge of Caribbean Plaza - 80 spaces c) along edge of field game area - 50 spaces ■ provide soft surface overflow parking for special events: a) within central park space - 240 spaces b) between causeway and central park - 120 spaces 4) Pedestrian Circulation - The following Improvements are proposed to meet pedestrian circulation needs: ■ A baywalk conforming to City design standards (20 foot width) for waterfront walkways is proposed that would link the public marina, beach, observation deck, megayacht marina, service docks, seaplane base, and Caribbean Plaza. The walkway will include seating, lighting and landscaping. ■ A pedestrian overpass linking the hotel to the Japanese Gardens and public marina, with a connection to the proposed light rail platform in the median of the causeway• ■ All roadways shall have full 6 foot wide sidewalks and shade tree landscaping. 5) Utilities - The following infrastructure systems will be required to support the recommended development plan: ■ A sanitary sewer line will need to be extended from the mainland in an underwater crossing of the Intracoastal waterway. The sewer improvement is in the Miami Capital Improvements Program but is not scheduled pending formal approval of development plans for the island. Its estimated cost is $1,000,000. ■ Additional larger water mains will need to be extended to the east half of the island to improve low water pressure conditions. ■ A culvert should be placed beneath the new Mac Arthur Causeway improvement near the east end of the island to permit water to flow through from the Venetian Isles to Government Cut for Improvement of water quality, gigs EXHIBIT I. SKETCH OF SURVEY 9s- 280 SCALEr 1'•200' 5ti AS1.4 bh' �001' P.O.C. P. T. STA. 25.50 01' ��' (P.B.56 PG.71 ) �ti°�° y o0' ahJ J� .�1Q• \ A7 Q P�140 55 Q, a C+ eti yo �a 1p o '`� !Q ^ It s tC ^ V Cr CviR� v=^�ba e o 0 �`�' �` � � °a 2}•30., 34"N ' 3 g56.9i tG� t ROpO _ - 95`- o R2q 42' Nth°p3 � . � N U e o pCCESs" - 20, VIp�AC� SS R0. IP p� r r QD 13 o y-- 18.10' N\6°09' t5 £ ttp0 tot j5T1N0 SZEEL 7tLtN0� j 1 I o 2 0 m 15.2a VLT. j o LL 3t 14, 4 O C EAST R!W L N o M02°07'05 � � c N a n M o N CL 1NTRACOA TAL WATE' N Of °O N O+ O N i 4. M1 P N 250.00'(D), M1 N G ('*METRIC ENGINEERIP.NO j CONSULTING ENGINEERS • PLANNERS • SURVEYORS '� Pointe, Suite 240 G. So iCommerce 1818 South Australian Avenue West Palm Beach, Florida 33409 Phone (407) 688-0050 Phax: (407)688-2773 to \5Is'- V SLIP C OStiW 0 AO ,O \001 �o 1200.00'(D) Sp. TRACOASTAL SETBACK LINE INE INTRACOASTAL WATERWAY ° AAC9 1 'W 857.12' (C) R AREAS PARCEL lb" ( UPLAND) 10, 633 AC. ACCESS ROAD 1 , 216 AC. PARCEL "A" UPLAND 4.945 AC. SUBMERGED BAY BOTTOM( 14.084 AC. TOTAL SITE AREA •30.878 AC. DRAWN PROJ. NOr C.A.D.D. SKETCH TO ACCOMPANY 2.6202 CHECKED BO LEGAL DESCRIPTION OF: 011130/94 91, APPROVED PORTION OF WATSON ISLAND SHEET NO, NOTN IOF I �- 280 1 WATSON ISLAND — CITY OF MIAMI LEGAL DESCRIPTION: ENTIRE PARCEL COMMENCE AT A POINT SHOWN AT P.T. STA. 25+50 ON THE "OFFICIAL MAP OF LOCATION AND SURVEY OF A PORTION OF SECTION 8706, DESIGNATED AS PART OF STATE ROAD A-1—A IN DADE COUNTY, FLORIDA', PREPARED BY THE S STATE ROAD DEPARTMENT OF THE STATE OF FLORIDA, AS RECORDED IN MAP a BOOK 56 AT PAGE 71 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA SAID POINT BEING THE POINT OF TANGENCY OF THE CENTER LINE OF THE ' MOST NORTHERLY CURVE OF GENERAL DOUGLAS MACARTHUR CAUSEWAY RUNNING y EASTERLY AND SOUTHEASTERLY FROM THE WESTERLY LIMITS (WEST BRIDGE) OF WATSON ISLAND AS SHOWN ON SHEET 3 OF THE STATE ROAD DEPARTMENT RIGHT OF WAY MAP SECTION NO. (8706-112) 87060-2117, REVISED MARCH 25, 1959, SAID MOST NORTHERLY CURVE HAVING A RADIUS OF 1432.69 FEET (RIGHT OF WAY MAP), 1432.39 FEET (CALCULATED), AND A CENTRAL ANGLE OF 62'00'00"; THENCE SOUTH 60'52'45" WEST RADIALLY TO THE ABOVE t MENTIONED CURVE FOR 65.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 29'07'15" EAST ALONG THE SOUTHERLY RIGHT OF WAY LINE OF SAID GENERAL DOUGLAS MACARTHUR CAUSEWAY FOR 149.85 FEET; THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY LINE RUN SOUTH 73'56'26" WEST FOR 1433.07 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY LIMITS OF A DADE COUNTY PROPERTY AS PER OFFICIAL RECORDS BOOK 2454, PAGES 77- 79, PUBLIC RECORDS OF DADE COUNTY, FLORIDA; THENCE NORTH 31'46'16" WEST ALONG SAID EASTERLY LIMITS, FOR 406.41 FEET TO THE EAST RIGHT i OF WAY LINE OF THE INTRACOASTAL WATERWAY: THENCE NORTH 02*07-05" WEST ALONG SAID EAST RIGHT OF WAY LINE, FOR 857.12 FEET TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT OF WAY LINE OF SAID 11t GENERAL DOUGLAS MACARTHUR CAUSEWAY, SAID POINT OF INTERSECTION BEING A POINT ON A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 10716.59 FEET (RIGHT OF WAY MAP), 10713.48 FEET (CALCULATED), A RADIAL LINE TO SAID POINT BEARS NORTH 00'14'11" WEST, THENCE RUN EASTERLY FOR 388.24 FEET ALONG THE ARC OF SAID CURVE AND ALONG SAID SOUTHERLY RIGHT OF WAY LINE, THROUGH A CENTRAL OF 02'04'35" TO A POINT OF TANGENCY; THENCE CONTINUE EASTERLY ALONG SAID SOUTHERLY RIGHT OF WAY LINE OF THE GENERAL DOUGLAS MACARTHUR CAUSEWAY FOR THE FOLLOWING TWO COURSES AND CURVE; THENCE SOUTH 88'09'36" EAST NON — TANGENT TO THE LAST DESCRIBED CURVE, FOR 107.02 FEET; THENCE NORTH 87'38'03" EAST FOR 145.64 FEET TO A POINT ON A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1367.69 FEET (RIGHT OF WAY MAP), 1367.39 FEET (CALCULATED), A RADIAL LINE TO SAID POINT BEARS SOUTH 12'02'39" EAST; THENCE RUN SOUTHEASTERLY FOR 1165.47 FEET ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 48'50'06" TO THE POINT OF BEGINNING; CONTAINING 30.878 ACRES MORE OR LESS. 95� 280 I-2 4 i WATSON ISLAND - CITY OF MIAMI LEGAL DESCRIPTION: PARCEL "A" COMMENCE AT A POINT SHOWN AT P.T. STA. 25+50 ON THE "OFFICIAL MAP OF LOCATION AND SURVEY OF A PORTION OF SECTION 8706, DESIGNATED AS PART OF STATE ROAD A-1-A IN DADE COUNTY, FLORIDA', PREPARED BY THE STATE ROAD DEPARTMENT OF THE STATE OF FLORIDA, AS RECORDED IN MAP BOOK 56 AT PAGE 71 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA SAID POINT BEING THE POINT OF TANGENCY OF THE CENTER LINE OF THE MOST NORTHERLY CURVE OF GENERAL DOUGLAS MACARTHUR CAUSEWAY RUNNING EASTERLY AND SOUTHEASTERLY FROM THE WESTERLY LIMITS (WEST BRIDGE) OF WATSON ISLAND AS SHOWN ON SHEET 3 OF THE STATE ROAD DEPARTMENT RIGHT OF WAY MAP SECTION NO. (8706-112) 87060-2117, REVISED MARCH 25, 1959, SAID MOST NORTHERLY CURVE HAVING A RADIUS OF 1432.69 FEET (RIGHT OF WAY MAP), 1432.39 FEET (CALCULATED), AND A CENTRAL ANGLE OF 62'00'00"; THENCE SOUTH 60'52'45" WEST RADIALLY TO THE ABOVE MENTIONED CURVE FOR 65.00 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF GENERAL DOUGLAS MACARTHUR CAUSEWAY; THENCE SOUTH 29'07'15" EAST ALONG THE SAID SOUTHERLY RIGHT OF WAY LINE FOR 149.85 FEET; THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY LINE RUN SOUTH 73'56'26" WEST FOR 679.70 FEET; THENCE NORTH 16'03'34" WEST FOR 856.97 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 433.06 FEET; THENCE RUN NORTHWESTERLY FOR 192.42 FEET ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 25'27'30" TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT OF WAY LINE OF SAID GENERAL DOUGLAS MACARTHUR CAUSEWAY, ALSO BEING A POINT OF INTERSECTION WITH A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1367.69 FEET (RIGHT OF WAY MAP), 1367.39 FEET (CALCULATED), A RADIAL LINE TO SAID CURVE BEARS NORTH 12'02'39" EAST; THENCE RUN SOUTHEASTERLY FOR 1165.47 ALONG THE ARC OF SAID CURVE AND ALONG SAID SOUTHERLY RIGHT OF WAY LINE, THROUGH A CENTRAL ANGLE OF 48'50'06" TO THE POINT OF BEGINNING; CONTAINING 10.633 ACRES MORE OR LESS. I-3 95- 280 w ..- WATSON ISLAND - CITY OF MIAMI LEGAL DESCRIPTION: PARCEL "B" COMMENCE AT A POINT SHOWN AT P.T. STA. 25+50 ON THE "OFFICIAL MAP OF LOCATION AND SURVEY OF A PORTION OF SECTION 8706, DESIGNATED AS PART OF STATE ROAD A-1-A IN DARE COUNTY, FLORIDA', PREPARED BY THE STATE ROAD DEPARTMENT OF THE STATE OF FLORIDA, AS RECORDED IN MAP BOOK 56 AT PAGE 71 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA SAID POINT BEING THE POINT OF TANGENCY OF THE CENTER LINE OF THE MOST NORTHERLY CURVE OF GENERAL DOUGLAS MACARTHUR CAUSEWAY RUNNING EASTERLY AND SOUTHEASTERLY FROM THE WESTERLY LIMITS (WEST BRIDGE) OF WATSON ISLAND AS SHOWN ON SHEET 3 OF THE STATE ROAD DEPARTMENT RIGHT OF WAY MAP SECTION NO. (8706-112) 87060-2117, REVISED MARCH 25, 1959, SAID MOST NORTHERLY CURVE HAVING A RADIUS OF 1432.69 FEET (RIGHT OF WAY MAP), 1432.39 FEET (CALCULATED), AND A CENTRAL ANGLE OF 62*00,00"; THENCE SOUTH 60'52'45" WEST RADIALLY TO THE ABOVE MENTIONED CURVE FOR 65.00 FEET TO THE SOUTHERLY RIGHT OF WAS' LINE OF GENERAL DOUGLAS MACARTHUR CAUSEWAY; THENCE SOUTH 29'07'15" EAST ALONG THE SAID SOUTHERLY RIGHT OF WAY LINE FOR 149.85 FEET; THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY LINE RUN SOUTH 73'56'26" WEST FOR 729.70 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 73'56'26" WEST, FOR 703.37 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY LIMITS OF A DADE COUNTY PROPERTY AS PER OFFICIAL RECORDS BOOK 2454, PAGES 77-79, PUBLIC RECORDS OF DADE COUNTY, FLORIDA; THENCE NORTH 31'46'16" WEST ALONG SAID EASTERLY LIMITS, FOR 406.41 FEET TO THE EAST RIGHT OF WAY LINE OF THE INTRACOASTAL WATERWAY: THENCE NORTH 02*07,05" WEST ALONG SAID EAST RIGHT OF WAY LINE, FOR 857.12 FEET TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT OF WAY LINE OF SAID GENERAL DOUGLAS MACARTHUR CAUSEWAY, SAID POINT OF INTERSECTION BEING A POINT ON A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 10716.59 FEET (RIGHT OF WAY MAP), 10713.48 FEET (CALCULATED), A RADIAL LINE TO SAID POINT BEARS NORTH 00'14'11" WEST, THENCE RUN EASTERLY FOR 388.24 FEET ALONG THE ARC OF SAID CURVE AND ALONG SAID SOUTHERLY RIGHT OF WAY LINE , THROUGH A CENTRAL OF 02'04'35" TO A POINT OF TANGENCY; THENCE CONTINUE EASTERLY ALONG SAID SOUTHERLY RIGHT OF WAY LINE OF THE GENERAL DOUGLAS MACARTHUR CAUSEWAY FOR THE FOLLOWING TWO COURSES: THENCE SOUTH 88'09'36" EAST NON -TANGENT TO THE LAST DESCRIBED CURVE, FOR 107.02 FEET; THENCE NORTH 87'38'03" EAST FOR 78.10 FEET TO A POINT ON A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 383.06 FEET; A RADIAL LINE TO SAID CURVE BEARS NORTH 42`05'29" WEST; THENCE RUN SOUTHEASTERLY FOR 212.93 FEET ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 31'50'57" TO A POINT OF TANGENCY; THENCE SOUTH 16'03'34" EAST FOR 856.97 FEET TO THE POINT OF BEGINNING; CONTAINING 19.029 ACRES MORE OR LESS (14.084 ACRES MORE OR LESS BEING SUBMERGED LAND). 95- 280 I-4 WATSON ISLAND - CITY OF MIAMI LEGAL DESCRIPTION: ACCESS ROAD COMMENCE AT A POINT SHOWN AT P.T. STA. 25+50 ON THE "OFFICIAL MAP OF LOCATION AND SURVEY OF A PORTION OF SECTION 8706, DESIGNATED AS PART OF STATE ROAD A-1-A IN DADE COUNTY, FLORIDA', PREPARED BY THE STATE ROAD DEPARTMENT OF THE STATE OF FLORIDA, AS RECORDED IN MAP BOOK 56 AT PAGE 71 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA SAID POINT BEING THE POINT OF TANGENCY OF THE CENTER LINE OF THE MOST NORTHERLY CURVE OF GENERAL DOUGLAS MACARTHUR CAUSEWAY RUNNING EASTERLY AND SOUTHEASTERLY FROM THE WESTERLY LIMITS (WEST BRIDGE) OF WATSON ISLAND AS SHOWN ON SHEET 3 OF THE STATE ROAD DEPARTMENT RIGHT OF WAY MAP SECTION NO. (8706-112) 87060-2117, REVISED MARCH 25, 1959, SAID MOST NORTHERLY CURVE HAVING A RADIUS OF 1432.69 FEET (RIGHT OF WAY MAP), 1432.39 FEET (CALCULATED), AND A CENTRAL ANGLE OF 62'00'00"; THENCE SOUTH 60'52'45" WEST RADIALLY TO THE ABOVE MENTIONED CURVE FOR 65.00 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF GENERAL DOUGLAS MACARTHUR CAUSEWAY; THENCE SOUTH 29'07'15" EAST ALONG THE SAID SOUTHERLY RIGHT OF WAY LINE FOR 149.85 FEET; THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY LINE RUN SOUTH 73'56'26" WEST FOR 729.70 FEET TO THE POINT OF BEGINNING; THENCE NORTH 16'03'34" WEST FOR 856.97 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 383.06 FEET; THENCE RUN NORTHWESTERLY FOR 212.93 FEET ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 31`50'57" TO A POINT OF INTERSECTION WITH SOUTHERLY RIGHT OF WAY LINE OF GENERAL DOUGLAS MACARTHUR CAUSEWAY; THENCE NORTH 87'38'03" EAST ALONG SAID SOUTHERLY RIGHT OF WAY LINE, FOR 67.55 FEET TO A POINT ON A CURVE CONCAVE SOUTHWESTERLY, CONCENTRIC WITH THE LAST DESCRIBED CURVE, AND HAVING A RADIUS OF 433.06 FEET, A RADIAL LINE TO SAID CURVE BEARS NORTH 48-29'00" EAST; THENCE RUN SOUTHEASTERLY FOR 192.42 FEET ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 25'27'30" TO A POINT OF TANGENCY; THENCE SOUTH 16'03'34" EAST FRO 856.97 FEET TO THE POINT OF BEGINNING; CONTAINING 1.216 ARES MORE OR LESS. I-5 95- 280 0,^, EXHIBIT 11. DECLARATION PROFESSIONAL INFORMATION FINANCIAL DISCLOSURE FORMS 95- 280 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 Is 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- 280 0 4&-. EXHIBIT II DECLARATION, FINANCIAL DISCLOSURE, AND PROFESSIONAL INFORMATION FORMS (CONTENTS) PAGE TWO I Proposer's General Contractor or Construction Manager's Questionnaire Experience Statement of Proposer's General Contractor or j Construction Manager I Background Data of Proposer's General Contractor or Construction Manager References of Proposer's General Contractor or Construction Manager i 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- 280 ils 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, i 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 1 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 i information contained in this section of the RFP and agrees to execute any appropriate release and/or authorization form if i requested by the City. i 1 95- 280 I DECLARATION Cesar H. Odio City Manager City of Miami, Florida Submitted , 1995 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 j 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/she has complied in every respect with all of the instructions to proposers, that he/she has read all addenda, if any, and that he/she has satisfied him/herself fully with regard to all matters and conditions with respect to the lease to which the proposal pertains. r 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 i February 21, 1995 entitled Reqesut For Proposals for the Unfied Development of the Watson island Mega Yacht Marina, Miami, Florida and addenda, if any. Name of Firm, Individual or Corporation Signature Signature Title Title II-2 95- 280 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- 280 II-3 Name: 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) II-4 95- 280 PARTNERSHIP STATEMENT If proposer is a partnership, answer the following: 1. Date of organization 2. General Partnership ( ) Limited Partnership ( ) 3. Statement of Partnership recorded Yes ( ) No ( ) Date Book Page' County State 4. Has the partnership done business in the State 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- 280 II-5 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 $ 7. 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. 9 '5,_ 9 II-6 FINANCIAL DATA OF PROPOSER 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 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. Bankruntcv 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. Pendinp- Litigation Provide on attached sheets detailed information regarding pending litigation, liens, or claims involving any participant in the proposal. 1I-7 1 t EXPERIENCE STATEMENT OF PROPOSER Describe in detail the duration and extent of your business experience in development of mega yacht marina's, commercial retail and hotel -hospitality 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 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. 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.: II-9 Reference No. 3 Name: Firm: 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.: - II- 10 PROPOSER' S ARCHITECT/LANDSCAPE ARCHITECT%FNrTNEFR O[1ESTIONNATRF 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 Name Title Title 0 95- 280 EXPERIENCE STATEMENT QF PROPOSER'S ARCHITECT! DSCAPE ARCHITECVENGINEER 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- 80 II-12 BACKGROUND- DATA OF PROPOSER' S ARCHI��Tr(I�ASipSrAPE ARCHITECT .JENGINEER 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. f Bankruptcy Information 1 Have you ever declared bankruptcy? Yes ( ) No ( ) Have you ever been declared bankrupt? Yes ( ) No ( ) i If yes to either of the preceding questions, state date, court jurisdiction, amount of liabilities and amount of assets. f Pending Litigation Provide on attached sheets detailed information regarding pending litigation, liens, or claims involving any participant in the proposal. erg.. REFERENCES OF PRQPOSER'19 AR .NITECT.ILAND�SCAPE ARCHIT�'CT.I N I M List two persons or firms for whom you have completed projects during the past three years. Reference No. 1 "1 Name: 1 Firm: Title: Address: ! Telephone: 7 Nature and magnitude of business association: Reference No. 2 Name: Firm: Title: Address: Telephone: - Nature and magnitude of business association: 95- 280 II-14 ARCHITECT/LANDSCAPE ARCHITECTIENGINEER'S SUBCONSULTANTS' QUESTIONNAIRE For each subconsultant or subconsulting firm, please provide the following information. Name: Address: Telephone: Discipline: Name of principals and their titles who will be chiefly responsible for the project: Name Name Title Title 95- 280 EXPERIENCE_STATEMENT OF ARCHITECTILANDSCAPE ARCHITECTIENGINEER'S SUBCONSULTANTS Describe in detail the duration and extent of your experience with special emphasis upon experience related to development of marina facilities and hotels (if applicable). 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. II-16 95- 280 • uretvInformation 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 ( ) jHave 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 a Provide on attached sheets detailed information regarding pending 1 litigation, liens, or claims involving any participant in the proposal. IT-17 95- 280 AX' REFERENCES OF ARCHITECT/IaANDSCAPE ARCHITECT /ENGINEER' S SUBCONSjL1 TAN— List two persons or firms for whom you have completed projects during the past three years. Reference No. 1 Name: 1 Firm: I Title: Address: ' Telephone: I Nature and magnitude of business association: i Reference No. 2 Name: Firm: Title: Address: Telephone: Nature and magnitude of business association: 95- 280 II-18 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 Name II-19 Title Title 95- 280 EXPERIENCE STATEMENT OF PROPOSER'S GENERAL CONTRACTOR OR CONSTRUCTION MANAGER Describe in detail the duration and extent of your experience with special emphasis upon experience related to the development of marina's, and hotel's (if applicable). 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. II-20 95- 280 BACKGROUND DATA OF PROPOSER - S G NERAL CONTRACTOR OR CONSTRUCTION MANAGER 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 circumstances surrounding said default and performance. } Bankruptcy Information 1 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. t Pending Litigation Provide on attached sheets detailed information regarding pending litigation, liens, or claims involving any participant in the proposal. II-21 95- 280 O't.. REFERENCES OF PRO POSER'S ,FNERAT. NTRAC�OR OR CnNSTRii(`T7C1N 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 ofbusiness association: Reference No. 2 Name: Firm: Title: Address: Telephone: (_� Nature and magnitude of business association: 95- 280 TT-2.2 ...a. •' •� •� Name: Street Address: Mailing Address: Telephone: Name of principals and their titles who will be chiefly responsible for the' operations and overall management of the project: Name Title Name Title 95- 280 II-23 EXPERIENCE STATEMENT OF PROP2SER'S OPERATIONAL MANA Describe in detail the duration and extent of your experience with special emphasis upon experience related to operations and management of marina's, marine related retail, and hotel's (if applicable). 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. BACKGROUND DATA OF PROPOSER'S OPERATIONAL MANAGER 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. REFERENCES OF PROPOSER'S OPERATIONAL MANAGER List two persons or firms for whom you have managed projects during the past three years. Reference No. 1 Name: Firm: Title: Address: Telephone: f 1 Nature and magnitude of business association: Reference No. 2 Name: Firm: Title: Address: Telephoner Nature and magnitude of business association: 05- 280 II-26 OPERATIONAL MANAGER'S Sfl CONSULTANTS ' 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- 280 II-27 I. EXPERIENCE STATEMENT OF PROPOSER'S OPERATIONAL MANAGER'S Si BCONSULTANTS Describe in detail the duration and extent of your experience with special emphasis upon experience related to operations and management of marina's, marine related retail, and hotel's (if applicable). 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. II-28 95- 280 4, BACKGROUND DATA OF OPERATIONAL MANAGER'S SUBCONSULTANTS 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. Bankruotcv 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 detai:160-information regarding pending litigation, liens, or claims involving any participant in the proposal. 95- 280 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: Firm: Title: Address: Telephone: Nature and magnitude of business association: Reference No. 2. �r.• , Name: Firm: Title: Address: Telephone: Nature and magnitude of business association: 95- 280 II-30 EXHIBIT 111. MINORITY PARTICIPATION FORMS AND OFFICE LOCATION AFFIDAVIT wommil 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 E applicable): j 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 tC'%)•,and 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) l [ ) 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 Proposers) 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- -280 J A.' j CITY OF MIAMI,.FLORIDA MINORITY STATUS INFORMATION SHEET + T QRTTY CLAS21EICATION AND PAVMTrT Am ON Please check one box only and complete any and all sections applicable to 4 your firm. 1. Indicate Minority/Women Classification of Proposer Entity [ ] B=BLACK [ ] H=HISPANIC [ ] F=FEMALE [ ] NM=NON-MINORITY 2. If ONE OF THE FOLLOWING, give details of Minority/Women Participation 1 within firm(s), or as it may apply. Indicate (� Minority/Women Classification of each company: A. JOINT VENTURE: Provide information regarding Minority/Women firms participating and the extent of participation. y % Dollar Fes= Namp, Business Address Amount B. SUBCONSULTANTS: ; Provide information regarding Minority/Women firms participating and the extent of participation. % Dollar Firm Name Business Address Amount r] ri MINORITY PROCUREMENT COMPLIANCE/AFFIRMATIVE ACTION FORM NAMES OF COMPANY OWNER(S): NAMES OF COMPANY OFFICER(S)= a) List principal ~business address: (street address) b) I,ist all other offices located in the State of Floridd: ( street address) Name of individual holding license in this profession (if applicable): _ �INpPrrY ARr�� .M CiT -O PLZA The under©igned* proposer acknowledges that (s)he has received a copy of Ordinance #10062 au amended, the Minority Procurement ordinance of the City of Miami and agrees to comply with all applicable subetantive and procedural. Provisions therein, including any amendments thereto. Proposer: Signature:_ — (company name) Date: Print Name:.___ Indicate if Business is 51% Minority -owned: (Check 52ne box only) [ ] BLACK [ ) HISPANIC [ J FEMALE A Fzi�?+ATIVE ACTI4ti P�,J1N If firm has an existing plan, effective delta of implementation:__ Must be included as part of submission. If firm does not have an existing plan, the Succeseful Pzopoeer(s) shall be required to establish an Affirmative Action Policy, pursuant to ordinance #1O062 as amended, see sample- Proposer: w Signature:_ _ ( co,npa ny name) III-3 4., AFFIRMATIVE ACTION POLICY for EQUAL EMPLOYMENT OPPORTUNITY AFFIRMATIVE ACTION/ EQUAL EMPLOYMENT OPPORTUNITY - POLICY STATEMENT It is the policy of (Company Name) to base its hiring and promotions on merit, qualifications and competency and that its i personnel practices will not be influenced by an applicant's or employee's race, color, place of birth, religion, national origin,- sex, age, marital status, veteran and handicapped status. ° One of the management duties of all p ( p y ) g' principals at Com an Name is to ensure that the_ following personnel practices are being satisfied: 1. Take every necessary affirmative action to attract and retain qualified employees, regardless of race, color, place of birth, religion, national origin, sex, age, marital status, veteran and handicapped status. 2. Maintain equitable principles in the recruitment, hiring, training, compensation and promotion of employees. 3. Monitor and review personnel practices to guarantee that equal opportunities are being provided to all employees, regardless of race, color, place. of birth, religion, national origin, sex, age, marital status, veteran and handicapped status. (Company Name) is committed to take affirmative action and aggressively pursue activities that will serve to enable all employees and. applicants opportunities available throughout this organization. Clearly, the above actions cannot be accomplished as. a secondary duty for any individual, despite the full support of management. And so, to monitor our efforts, (Company Name) has assigned one of its principals as the Affirmative Action Director to monitor all activities of this program. Employees may contact (Name of assigned principal) at (telephone number) regarding this Affirmative Action Policy. DATE: - �; (Signature/Title) 95- 280 III-4 P.P., CITY OF MIAMI Please Check One Box Only [ ] Hispanic [ ] Woman [ ] Black I (We), the undersigned agree to the following conditions: 1) that we have read City of Miami's Ordinance No. 10062 as amended and meet the fifty-one percent (51%) ownership and management requirement for minority/women registration status and will abide by all of the policies and G regulations governing the City of Miami Minority and Women Business Enterprise Procedures; 2) that if at any time information submitted by the undersigned applicant in his/her Vendor Application should prove to be false, inaccurate, or misleading, applicant's name will be struck from the City of Miami's Master Vendor list with no further consideration given to this applicant; 3) that the City of Miami maintains the right, through award of bid/contract, to revoke the award, should it be found that false, inaccurate or misleading information or a change in the original information have occurred; 4) to notify the City of Miami within thirty (30) days of any change in the firm's ownership, control, management or status as an ongoing minority/women business concern as indicated on the Vendor Application, and that the City of Miami, upon a finding to the contrary, may render a firm's registration with the City null and void and cease to include that firm in its registered list of minority and women -owned businesses; 5) that the City of Miami has a right to diligently verify all information submitted by applicant in his/her Vendor Application to monitor the status of the Minority/Women Business Enterprise, once registered; 6) that the City of Miami may shdre a firm's registration information, concerning its minority/women status and its capability, with other municipal or state agencies for the sole purpose of accessing the firm to their procurement opportunities, unless otherwise specified by the firm in writing. I (We) certify under the penalties of perjury that the information contained in any and all application documents submitted to the City of Miami is correct as per Ordinance No. 10062 as amended. Firm Name: (If signing as a corporate officer, kindly affix corporate seal) (Name, Title & Date) (Name, Title & Date) This application must be signed by at least one general partner of a partnership or the proprietor of a sole proprietorship or all partners of a joint venture. COUNTY, SS NOTARIZATION COUNTY OF DADE Date: That personally appeared before me and acknowledged the foregoing instrument as his/her act and deed. That he/she has produced as identification. NOTARY PUBLIC: 9 5_ 280 My Commission Expires: III-5 i f tYo•L City of Miami PRIMARY OFFICE LOCATION W Affidavit Please type or print clearly. This Affidavit must be completed in full, signed and notarized for local preference consideration. Legal Name of Firm: Entity Type: t one cox onlyl O Partnership _]_Occupational O Sole Proprietorship ❑ Corporation Corporation Doc. No: Date Established: License No: Date of Issuance: as p ° a Primary.Office Location (Pnilclpal estabLshmtant of #'w bidder/proposer);, - z Street Address: F z w -7 UCity State: How long at this location: a U) Street Address: C 0 _T 5 LU City State: How long at this location: a According to the City of Miami's Charter 29-A as amended: "All contracts -.shall be awarded by the commission to the lowest responsible bidder,... provided, however, that it 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 ... 10% in excess of the lowest other responsible bidder or proposer, such local vendor may be awarded the contract..." The intention of this section is to benefit local bona fide vendorstproposers to promote economic development within the City of Miami. I (we) certify, under penalty of perjury, that the primary office location of our firm has not been established with the sole purpose of obtaining the advantage granted bona fide local vendors/proposers by this section. Authorize Signature Print Name Title Authorize Signature Print Name Title (Must be signed by the corporate secretary of a Corporation or one general partner of a partnership or the proprietor of a sole proprietorship or all partners of a joint venture.) STATE OF FLORIDA, COUNTY OF DADE 0 Personally known to me; or Subscribed and Sworn before me that this is a true statement this day of 199 ❑ Produced identification: Notary Public, State of Florida Printed Name of Notary Public My Commission Expires 95 - 290 ' I I Please submit with your bid, copies of occupational License, professional and/or trade License to verity local status. The City of Miami, also reserves the right to request a copy of the corporate charter, corporate income tax tiling return and any other document(s) to verify the location of the firm's primary office. Ott., EXHIBIT IV, BIOLOGICAL ASSESSMENT CC94-176 MEGA -YACHT MARINA SUBMERGED LANDS METROPOLITAN DADE COUNTY, FLORIDA METRODADE ENVIRONMENTAL RESOURCES MANAGEMENT 33 S.W. 2nd AVENUE MIAMI, FLORIDA 33130.1540 (305) 372.6789 October 5, 1994 Mr. Courtney D. Allen Assistant Development Coordinator City Of Miami 300 Biscayne Boulevard Way Suite 400-401 Miami, FL 33131 Re: Biological Assessment CC94-176: City of Miami, Watson Island, MacArthur Causeway, Miami, Dade County, Florida. Dear Mr. Allen: A biological assessment of the above referenced site was conducted by Department biologists on July 6 and September 1, 1994 at your request. The purpose of this assessment was to determine the feasibility of constructing a megayacht marina on the western edge of Watson Island and a conventional marina on the northern edge of the island which would extend into Biscayne Bay approximately 200 feet and 150 feet from the shoreline, respectively. Inspection of the proposed location for the megayacht marina revealed no significant epibenthic communities. The water clarity was moderate during the inspection. The water depth in the proposed project area ranged from approximately 6 feet to 17 feet at mean low water. Inspection of the proposed location for the conventional marina revealed the presence of seagrasses throughout a significant portion of j the area. Again, the water clarity was moderate during the inspection. J The water depth in this area ranged from a shallow shelf along the shoreline to a maximum of approximately 8 feet at mean low water. Pursuant to Section 24-58 of the Metropolitan Dade County Environmental Protection Ordinance, a Dade County Class I Permit is required for any work in, on, over or upon tidal waters, submerged bay -bottom lands or coastal wetlands in Dade County. A proposal for the construction of more than fifty (50) boat slips at a new or existing facility requires a standard form Class I Permit application. Please note that standard form applications require approval from the Dade County Board of County Commissioners, which must be obtained through a public hearing, prior to the issuance of a Class I Permit. Please be advised that the proposed conventional marina may not be consistent with Dade County's Interim Manatee Protection Guidelines (copy enclosed). Said guidelines generally prohibit the new construction or expansion of commercial powerboat docking facilities IV-1 95- 280 fj'r.� unless it can be demonstrated that the docking facility and the operation of boats using the facility will not adversely impact the manatee or its habitat on an individual or cumulative basis. At the proposed megayacht marina, the existing powerboat slips would be grandfathered, and the reconstruction of these slips would not conflict with the interim guidelines. A proposal for expansion beyond this number of slips would be reviewed by DERM and a permitting determination would be subject to whether or not it was demonstrated that the use of the facility would be consistent with these guidelines. Please be advised that navigational concerns may exist at both of the proposed project sites. On the western side of the island a federally maintained. navigational channel is present. The Army Corps of Engineers generally prohibits any structures that are within 100 feet of such a channel. In waterways not maintained by the federal government (including the north side of Watson Island), DERM generally restricts the size and configuration of docking facilities such that they do not extend into the waterway more than 20% of the waterway width. Although it is believed that the City of Miami owns the submerged land in the project area, DERM recommends that you contact the State of Florida Department of Environmental Protection (DEP) to confirm that the proposed projects are consistent with the terms and conditions of the submerged lands conveyance and that they do not extend onto State owned land. Please keep in mind while planning for marina projects and other coastal development that structures considered non -water dependent [pursuant to the following definition, as contained in Section 24-3(107), Dade County Code: "Water dependent use shall mean a use which cannot exist or occur without association with marine, freshwater, or estuarine water masses"], are prohibited by Sections 24-59 and 24-59.1 of this Ordinance. It is most probable that DERM would recommend denial to the Board of County Commissioners for a variance to this Section of the Ordinance for any portion of the project that was not water dependent. DERM therefore strongly recommends that the City avoid including any non -water dependent structures, such as dock masters offices, restaurants, gazebos, etc. to be constructed over the water in any marina proposals. In addition to a DERM Class I Permit, the proposed project would require approvals from the Army Corps of Engineers, the Florida Department of Environmental Protection and the South Florida Water Management District and may require review by Dade County's Shoreline Development Review Committee [contact Alex David at (305) 375-2589 for further information]. A DERM Class I Coastal Construction Application Package is enclosed. In addition to the above restrictions, the City of Miami would need to provide zoning and structural approvals prior to the issuance of a Dade County Class I Permit. In summary, the main concerns held by the Department regarding the expansion of marina facilities at the aforementioned locations on Watson Island are manatee and manatee habitat impacts, seagrass impacts IV-2 95- 280 00, and potential navigational concerns. DERM believes that a megayacht marina could be constructed along the western shoreline provided the above concerns are adequately addressed, but that construction of a new marina along the north end of Watson Island is not likely due primarily to seagrass and endangered species concerns. Please review carefully the enclosed Interim Manatee Protection Guidelines for guidance with your proposals. Because applicable regulations and site conditions are likely to change over time, the conditions and restrictions contained herein shall be valid for a period of two (2) years from the date of this letter. Please note that the required $525.00 fee for this assessment has not been paid and must be submitted within thirty (30) days of the date of this letter. Please be advised that DERM will not process any further requests for biological assessments until all applicable fees have been received. If you have any questions please do not hesitate to call Christy L. Waite at (305) 372-6575. , Si E Crag K. Coastal Grossenbacher, Chief Resources Section enclosures: Class I Permit Application Package Interim Manatee Protection Guidelines CKG:cw.980 IV-3 95- 280 4, EXHIBIT V. WATSON ISLAND DEED 19447 STATE OF FLORIDA INTERNAL IMPROVEMENT FUND 95- 280 ..-ENT 5Y TCESEE .*DR=.5_�-.'_'CJ: Tl-ias the ...-lersi-ned`.ae _r'13 z::.33 of t:'13 internal 1^mrJ7E= 9!1 t ',iIna. of „-13 � �a to of 11or ida, under and b:r virtue of the authority of Section 253.12, Florida Statutes, 19L1, and according to the provisions provided for in Section 253.13, b'lorida Statutes, 19,", and for and in considera- tion of the sim of Ten and 00/100 Dollars and other Sood and valuable considerations, to then in hand paid by CIT`1 OF MIA.t�I, ! Dade County, Florida, receipt of which is ihereb�:acknowledSed, have ;ra>lted, barSained, sold and conveyed to the said CITY OF an., its successors and assi,,ns forever, the followinS de_ scribed lands, to-wit; nnin;3 at the point of intersection of the -asterly Production of the Center Line of Richners j Street (now known as N. E. 13th Street) as shown on t:le __ended Plat of "IlICF riERS +'DI'IIO:f" as recorded _n 'at Book 3, Page 2, v+ith the U. S. Harbor Line thence ru., _ Gontle 4'rast side OS Biscayne Bay! n 11oTtn- j erly along said J. S. Harbor Line to a point on a line _our hundred and fifty feet North of and parallel to the Easterly production of the said Center Line of Ric;=ers Street (now known as i;. E. 13th Street); thence run Easterly along said lire �50 feet _;orth ' of and parallel to the Easterly production of the Center Line of said Rick -hers Street (now known as N. E. 13th Street) to the point of intersection with t.,atcourse described in Deed Boo'.t 351, Pa.e 353, as f0110,115 "Thence in a Southeasterly direction to t e Southeast corner of. the Southwast Quarter of t le South-west C,uarter (S';;' of SW.h-:)' of Section 32 Townsap 53 South, Ran;;e r._;2 ^astl,' ^lsnce South- sasterly glom -*the said last described course to t o saic Southeast corner of tae S';:•'= of S!'I of J?C:iOP_ 32, 'lO;in,.^•-1 53 South, Ran3e L�2 EaSt; Thence r.-,n Sou t[, a.lon;; tile• i(P,s t line of t'o _ of ;%; of iC 'Vion 5, 0:7ns!? i 7 j JOU ta, ^aIISe�2J_�ast to f a po_, e_ ;nth feet .fort :^' fro~ and I at r_ -ht an"' •?s t0 the uentery TA n0..:uni- '1`-miel,' Th/;nce run^.he G 1� �U11Gii1-.. L.:a, co,zr dascr',bed in Dear tTO:{ 1472 tC;, i— te. ,:Bc t-i on 0' th- \ 5? 3 t iJlrl9 Of she ;i O i O f.' Section j il5 'O^ Soutl, :?z_,S3 42 ast, and a line parallel toht^? ^-�d C- r-bt-r fOat i:ort:'rly frc , and measured at rl -'It ankles to tna Center Lina of the ::_auii %runi- c' - boundary of the :+ ial (flan_nal", t0 t.1� :.a3td;,rV' ?s t 3/T of said Section 5; '_`henca run Sou t'.h alo l;; tale _a3t bc'�rdarxx of th last 3/L, of said Section 5 an S �CtiG:l ,J., `r'05Y'1 S. i� j r aOtl tl, <an Je T� T:a3 t, :o t:le 7�ort';leri,r L_ne 0f the - ?C , i 1S.., as descr- lb-d ?.n a�C_^3 .��ft .100:: 1T72 =1; V :. 7),; Tharce !".n ��3S t•��-,l� it Gn i.: :e sa:. .. ,,' o ;O^`:le'ly lin? Of :15 �v R:lil' ?� CJ-pan' =1 ^ _ ,Cfy, tx� - _ 7 t. fl i-^.n 9 2 V 0 G 1 ?,5 t llne Of the (, 'o 5,! C ti0.n. i5� `' r � ) � 3 :_p 5+ South, Ran-e 1�2 Tact; 'Ph-nc� r::n esc?r' V-1 Ilia axon" that lisle described i= Chapter 130,55 (_To. 1C'2) Laws of ^lorida - 1929 as follows: "? enee westerly to the Intersection of the ?. k 0. S.S. Charnel and the Channel extending from the :nouth of the J,iatzi River in a Southeasterly direction", to the -East line of Section 7, Township 5!+ South, Range .T2 2a3t; Thence run South along the said East line of Section 7, Township 54South, Range 42 East to a point 2000 feet North of the � 'South line of Section 7,- Towr_ship �) South R' ansa � mast, being that point at the I ternination of the line described in Deed Book 1900, ?ale 357 Parcel "B" as ollovis: "Thence ?North along the mast Line of said Section 7 for a distance of 2000 feet to a point"; Thence along the course de- sc.ibed in Deed Nook 1900, ?aSs 355, as follows: "Trance Southwest 2828 feet to a point on the South boundary of said Section 7", to a point 2000 feet West of the Southeast corner of said Section 7; Thence run ':Vest along the South line of said Section } 7 and the South lino of said Section 7 produced '.,'eat, ' to the point of intersection %sith the U. S. Harbor Line on the West side of Biscayne Bay; thence run Northerly along the said U. S. Harbor Line to the point of beginning. Except therefrom the following described BAY BOTTOM LAND AREA FOR DREDGI`IG I_T CO_ TECTION V11TH PROPOSED 85 ACRE BURLINGAir1E ISLAND. Beginning at the point of intersection of the South- easterly production of the Northerly side of S. E. 14th Street, the same being the Southerly line of Hiohleyman's Subdivision as recorded in Plat Book 1, Page 1811 of the Public Records of Dade, County, ^lorida, with the U. S. Harbor Line on the 'Westerly side of Biscayne Say; 'thence Northerly along the said U. S. Harbor Line and the Northerly extension thereof 3800 feet, more or less, to the point of intersection with the Southerly line of :.'ia=i River Channel, as shown and established on Sheet No. 2 of plan pre- pared by U. S. Engineer Office, Jacksonville, ^lorida, i November 1934, showing Yiiami River, Florida, condi- tions on completion of Dred-ing of Channel Project; thence Northeasterly along; the said Southerly line of .:iarni River Channel and the Northeasterly pro- '' duction thereof 2500 feet to a point; thence Southerly 5300 feet, more or less, along a line parallel to to Southerly production of the dividing lire between Township 53 South, Range 'T1 Last and Tmmship 53 South, Rance 4 2 mast to the point of intersection -with the aforesaid Southeasterly* production of trs Northerly side of S, 1,th Street; thence Northwesterly 2500 feet, more or less, along the said Sout^_easterly Production of the Northerly side of S. E. 1!,th Street to the U. S. Harbor Line, the point of beginning. And further exceptins therefrcm all land Litle to which is in private parties. TO :L VE AND TO HOLD the said above mentioned and described Land and )remises, and all the titla and interest of the Trustees therein as _-ranted to then by Section 253.12, Florida Statutes, 1? untc the said: CT^'f 0^ ','I `.' I ani its successors and assigns for'.ve^. 95- 280 V-2 l S;VT_:;G +D ,ESE-VING unto the Trustees of tae Internal Improve- ment -Fund of Florida, and their successors, an undivided th�ree- I :ourths interest in and title in and to an undivided three-fourt=s interest in all the phosphate, minerals and metals that are or may be in, on or under the said above described lands, and an undivided one-half interest in and title in and to an undivided one-half in- terest in all the petrole=a that is or may be in or under the said above described land, with the privilee to mine and develop the SRI-10. I,] PROVIDED, HO'IiEVER, anything herein to the contrary notwith- standing, tsis deed is given and granted upon the express condition subsecuent that the Grantee herein or its successors and assigns shall never sell or convey or lease the above described land or any part thereof to any private person, firm or corporation for an, private use or purpose, it being the intention of this re- striction, that the said lands shall be used solely for public purposes, including municipal purposes and not otherwise. i PROVIDED, FUR M3 , anything herein to the contrary notwith- standinZ, this deed is given and granted upon the further express condition subsequent that the Grantee herein or its successors or assigns shall not ;give or grant any license or permit to any pri- vate person, firm or corporation to construct or mafce by any means,: any islands, fills, eabanic*tents, structures, buildings or other similar thin-s within or upon the above described lands or any part thereof for any private use or purpose, as distino ished from any pudic or m. nicipal use or purpose. It is covenanted and agreed that the above conditions subse- quent shall run with the land and any violation thereof shall render t-is deed null and void and the above described lands shall, in such event,. revert to the Grantors or;'th'eix successors. --REOF, the Trustees of the Internal imorovement Fund of the State of Florida have hereunto subscribed their names and affi.zed their seals, and have caused the seal of the "DEP'�T- iriE:�T ,OF AGR1 LTuRE OF T-! STATE OF FLORIDA", to be hereunto affixed, at the Capitol, in the City of Tallahassee, on this the 2Lt day of February , A. D. Nineteen Hundred and •Forty-nine. Oi­ ., Go rr_or (SEAL) Camp tr0 le� , i"✓_���'_'0'-'mil Treasurer Attorney General r /. L) Com=lssloner of A,1ri cu are "vol Da•'•e. l�'�l anJ 1SUi;! .:ti'a.1 i".p�_.�- e�..•G�� it �ac E C4:t4 l tiGt,t: , �[t 9 280 V-3 — 018:• WATSON ISLAND DEED RESTRICTIONS 1) June 2, 1919 Grant by Florida Legislature to City of Miami (Chapter 8305 No. 52 3). FOR MUNICIPAL PURPOSES ONLY 2) February 24, 1949 Grant by Internal Improvement Fund to City of Miami superceding previous grants (Deed No. 19447). THE GRANTEE HEREIN OR ITS SUCCESSORS AND ASSIGNS SHALL NEVER SELL OR CONVEY OR LEASE THE ABOVE DESCRIBED LAND OR ANY PART THEREOF TO ANY PRIVATE PERSON, FIRM OR CORPORATION FOR ANY PRIVATE USE OR PURPOSE, IT BEING THE INTENTION OF THIS RESTRICTION THAT THE SAID LANDS SHALL BE USED SOLELY FOR PUBLIC PURPOSES, INCLUDING MUNICIPAL PURPOSES AND NOT OTHERWISE, THE GRANTEE HEREIN OR ITS SUCCESSORS OR ASSIGNS SHALL NOT GIVE OR GRANT ANY LICENSE OR PERMIT TO ANY PRIVATE PERSON, FIRM OR CORPORATION TO CONSTRUCT OR MAKE BY ANY MEANS, ANY ISLANDS, FILLS, EMBANKMENTS, STRUCTURES, BUILDINGS OR OTHER SIMILAR THINGS WITHIN OR UPON THE ABOVE DESCRIBED LANDS OR ANY PART THEREOF FOR ANY PRIVATE USE OR PURPOSE, AS DISTINGUISHED FROM ANY PUBLIC OR MUNICIPAL USE OR PURPOSE. 95-- 280 0 V-4