HomeMy WebLinkAboutR-92-0488J-92-377
RESOLUTION NO. -
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING
THE ISSUANCE OF A REQUEST FOR PROPOSALS ON
AUGUST 7, 1992, IN SUBSTANTIALLY THE ATTACHED
FORM, FOR A UNIFIED DEVELOPMENT PROJECT
CONSISTING OF THE DEVELOPMENT OF A FULL -
SERVICE BOAT YARD FACILITY, MARINA, AND
OPTIONAL ANCILLARY MARINE -RELATED RETAIL USE
ON AN APPROXIMATELY 10.88 ACRE CITY -OWNED
WATERFRONT PARCEL INCLUDING 6.36 ACRES OF
UPLAND AND 4.52 ACRES OF BAY BOTTOM
CONTIGUOUS TO THE UPLAND LOCATED AT 2640
SOUTH BAYSHORE DRIVE, 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 CITY OF MIAMI
CHARTER SECTION 29-A(c) AND CITY OF MIAMI
CODE SECTION 18-52.9.
WHEREAS, the City of Miami Charter, Section 29-A(c), allows
the City Commission to prooure from the private sector a Unified
Development Project (UDP) for the development of improvements
where an interest in real property is owned or is to be acquired
by the City; and
WHEREAS. pursuant to Resolution No. 92-91, adopted
February 13, 1992, the City of Miami Commission determined that
the development of approximately 10.88 acres of City -owned
waterfront property, including 6.36 acres of upland and 4.52
acres of bay bottom contiguous to the upland, located at 2640
South Bayshore Drive, Miami, Florida, would best be accomplished
using the UDP process for a full -service boat yard facility,
marina, and optional ancillary marine -related retail use; and
WHEREAS, pursuant to the aforementioned Resolution, it was
determined that for the unified development of a full -service
boat yard facility, marina, and optional ancillary marine -related
retail use, the City prooure from the private sector an
integrated package that includes planning, design, construction,
leasing and management; and
WHEREAS, Resolution No. 92-91, further authorized the City
Manager to prepare a Request for Proposals (RFP) and scheduled a
public hearing for April 9, 1992 at 4:00 p.m. to consider the
contents of the RFP; and
WHEREAS, on April 2, 1992, the City Commission authorized
the continuance of the public hearing to May 14, 1992 at
4:05 p.m. due to the unavailability of the two property
appraisals reports ordered this year; and
WHEREAS, on May 14, 1992, it was necessary to reschedule
said public hearing for June 11, 1992 at 4:00 P.M., due to the
unavailability of the two property appraisals reports; and
WHEREAS, .on June 11, 1992, the City of Miami Commission
authorized the continuance of the public hearing to July 9, 1992
at 4:00 p.m; and
WHEREAS, Charter Section 29-A(o) authorizes, at the
conclusion of the public hearing, if the City of Miami Commission
is disposed to proceed, the issuance of a RFP, the selection of a
certified public accounting firm, and the appointment of members
to a review committee from persons recommended by the City
Man ager ;
:'_M
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 referenoe
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorized to
Issue a Request for Proposals on August 7, 1992, in substantially
the attached form, for the unified development of a full-servioe
boat yard facility, marina, and optional ancillary marine -related
retail use on approximately 10.88 acres of City -owned waterfront
property, including 6.36 acres of upland and 4.52 acres of bay
bottom contiguous to the upland, located at 2640 South Bayshore
Drive, Miami, Florida.
Section 3. Said unified development project shall
consist of the following integrated package:
- Planning and design, construction, leasing and
management.
Section 4. The certified public accounting firm of
Arthur Andersen & Co. in association with the minority -owned firm
of Sharpton Brunson & Co., is hereby selected to analyze the
proposals received in response to said RFP and render a written
report of its findings to the City Manager.
Section 6. The following individuals are hereby
appointed members of the review committee which is to evaluate
eaoh proposal and render a written report of its findings to the
City Manager, including any minority opinions:
92--488
-3-
:0
v
jib$ OF THE PupLIC
Fames Wellington, the Waterfront Board
David Ray, The Marine Council
Eli M. Feinberg, EMF & Associates
Kevin Cote, Metropolitan Dade County
Department of Environmental Research Management
4 ��� • 1, T��. �.I ��
Warren Butler, Department of Parks & Recreation
Allan Poms, Public Works Department
Raul de la Torre, Department of Parks & Recreation
Section 6. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 16th day of July, 1992.
ATTE j
k:nt�-
MATTY HIRAI, City Clerk
PREPARED APPROVED BY:
JULIE 0. B
Assistant City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
�jl
A. Q2�kNNN'
cololftS, I I
City Att ey
M2980:JOB:kd:bss
--4-
VIER L, - SITAREZ , mayor
92- 488
" v
REQUEST FOR
UNIFIED DEVELOPMENT PROPOSALS
FOR
2640 SOUTH BAYSHORE DRIVE
MIAMI, FLORIDA
ISSUED: AUGUST 7, 1992
Xavier L. Suarez, Mayor
Dr. Miriam Alonso, Vice Mayor
Miller J. Dawkins, Commissioner
Victor H. De Yurre, Commissioner
J.L. Plummer, Jr. 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
Proposals Due: 2:00 p.m. Friday, November 13, 1992
92- 488
TABLE OF CONTENTS
I. PUBLIC NOTICE ........................................ 1
II. OVERVIEW
A. Introduction .................................... 2
B. Location and Characteristics .................... 3
Figure 1. Regional Location Map .............. 4
Figure 2. Area Location Map .................. 5
C. Site Description ................................ 6
Figure 3. Site Location Map .................. 7
D. Appraised Value ................................ 8
E. Lease Term........... ...................... 8
F. Financial Return to the City... ................. 8
G. Zoning ......................................... 8
H. Unified Development Proposal
Selection Process ......................... 9
I. Unified Development Schedule .................... 10
III. REQUEST FOR PROPOSALS LEGAL REQUIREMENTS
A. Declaration as a Unified Development Project.... 11
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 Objective ........................... 14
B. Use ............................................ 14
C. Proposed Site Improvements ..................... 16
D. Permitting and Licensing ........................ 17
E. Estimated Construction Cost ..................... 18
F. Financing Strategy .............................. 18
G. Development Schedule ............................ 19
H. Composition of the Development Team ............. 19
I. Development Proposal Contents ................... 21
J. Method of Operation ............................. 23
K. Minority Participation .......................... 23
L. Terms and Conditions to be Considered
in the Lease Agreement ........................ 23
V. PROPOSAL SUBMISSION REQUIREMENTS
A. Submission Procedures...... ..................... 33
VI. EVALUATION CRITERIA
A. Initial Review ................................. 35
B. Review Committee Evaluation .35
C. CPA Firm Evaluation ............................ 38
TABLE OF CONTENTS
(CONTINUED)
APPENDIX A. City of Miami Charter and Code Sections;
Pertinent Legislation
APPENDIX B. City of Miami Baywalk/Riverwalk Design Standards
and Guidelines
APPENDIX C. 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)
EXHIBIT I. Sketch of Survey (includes Legal Description)
EXHIBIT II. Declaration, Professional Information, and
Financial Disclosure Forms
EXHIBIT III. Minority Participation Forms
92- 488
C.
I. PUBLIC NOTICE
E]
The City of Miami is seeking Unified Development Project
Proposals for the commercial development of a full -service
boat yard facility, marina, and optional ancillary marine -
related retail use on approximately 10.88 acres of City -owned,
waterfront property located at 2640 South Bayshore Drive,
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 6.36 acres of
upland and 4.52 acres of bay bottom contiguous to the upland
extending into Biscayne Bay.
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 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.
Adv. No. 0274
-1-
Cesar H. Odio
City Manager
92-- 488
II. OVERVIEW
The City of Miami (the "City") is seeking Unified Development
Project Proposals from qualified and experienced developers for
the commercial development of a full -service boat yard facility
and marina. Proposals may include plans to utilize up to
20,000 square feet for ancillary marine -related retail use on
approximately 10.88 acres of waterfront property at Dinner Key.
The property located at 2640 South Bayshore Drive, Miami (the
"Property"), is comprised of a total land area of 6.36 acres of
upland and 2.82 acres of submerged land contiguous to the
upland extending into Biscayne Bay. The City is offering as an
option, an additional 1.70 acres of submerged land for
expansion of the existing marina facility.
From 1949 to 1984, the Property was leased to Merrill Stevens
Dry Dock Company. Merrill Stevens continued to occupy the site
until 1989. An unsuccessful attempt to redevelop the Property
concluded in early 1992 at which time the City regained
possession of the Property.
On February 13, 1992, the City Commission adopted Resolution
No. 92-91 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 July 16, 1992, the City Commission adopted Resolution No.
92-488 which authorized the issuance of this Request for
Proposals (the "RFP"), on August 7, 1992, appointed a seven (7)
member Review Committee and selected a certified public
accounting firm to evaluate proposal submissions and report
findings to the City Manager as required by the City Charter
and Code sections regarding UDPs. Pertinent legislation
referenced herein is included in Appendix A.
Proposals 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 Dinner Key
waterfront. The Property, owned by the City, is to be
redeveloped, 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.
-2-
Jr- 488
low
The City will conduct a Proposal Pre -Submission Conference on
Friday, August 28, 1992, 10:00 a.m. at the Department of
Development offices for the purpose of providing an
opportunity for prospective proposers to personally raise to
City staff any 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 the Office of the City Clerk,
(First Floor Counter) City Hall, 3500 Pan American Drive,
Miami, Florida 33133 by 2:00 p.m., Friday, November 13, 1992.
A list of proposers will be made public on that day.
The City of Miami reserves the right to accept any proposals
deemed to be in the best interest of the City, to waive any
irregularities in any proposals, or to reject any or all
proposals and to re -advertise for new proposals, in accordance
with the City Charter and Code sections regarding Unified
Development Projects. Any proposal deemed to be non-
responsive or not responsible by not substantiating the
financial capability of a prospective proposer, or not meeting
the minimum requirements of this RFP at any time prior to the
completion of the Unified Development Project evaluation
process and the signing of a lease agreement, may be rejectZd.
In making such determination, the City's consideration shall
include, but not be limited to, the proposer Is experience,
capability of the development team, 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.
The Property to be developed is located within the Dinner Key
area which lies in the southeastern quadrant of the City, Dade
County, Florida, as shown in Figure 1. "Regional Location Map"
and Figure 2. "Area Location Map".
To the north of the Property is the Downtown Miami area which
features a major financial and business district, a retail
center considered to be the largest in the Southeast, dozens of
exciting attractions and conference facilities and an emerging
housing market. Located to the south is Coconut Grove, a
famous and picturesque neighborhood which is a mixture of high
rises, waterfront estates, modest homes, theaters, boutiques
and parks. Located to the west is Coral Gables which was
founded in 1925 and today maintains its historic past and charm
while it features its own dynamic downtown and excellent
restaurants.
-3-
92-r 488
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C. Site Description
As shown in Figure 3. "Site Location Map," the Property is
bordered on the east by Biscayne Bay and directly on the west
by City park property adjacent to South Bayshore Drive.
Adjacent leaseholds on City -owned property generally to the
south include Grove Key Marina and The Chart House Restaurant
(sublease of Grove Key Marina). Miami City Hall is in close
proximity immediately south of Grove Key Marina. Abutting the
property generally on the north lies the City Department of
Parks and Recreation and the Elizabeth Virrick Boxing Gym.
Monty Trainer's Bayshore Restaurant and Marina is located
generally to the north of the City offices separated by a
surface parking lot. Proposers shall become familiar with the
terms and conditions of leases and subleases, and any
amendments thereto, affecting any and all . City property
adjacent to the Property.
The Property is comprised of 6.36 acres of upland and 2.82
acres of bay bottom contiguous to upland extending into
Biscayne Bay. The City is offering as an option, an additional
1.70 acres of bay bottom for marina expansion/reconfiguration
purposes, depending upon the outcome of the permitting process.
(refer to Section IV.D. for detailed information about
permitting) The total bay bottom available is 4.52 acres." The
total acreage of the property is 10.88 acres.
Existing property improvements are shown on the Sketch of
Survey included as Exhibit 1. Existing facilities include two
steel frame and panel hangars built by Pan American Airways
when it selected Dinner Key as the amphibious aircraft base for
its interamerican operations. The larger of the two hangars
consists of 38,451 sq.ft. Dimensions are 211.5 feet in width,
181.8 feet in length and 54 feet in height. The larger hangar
is currently used primarily to provide large boat dry storage.
An upper loft level has been added for additional office space.
The smaller hangar consists of 18,562 sq.ft. Dimensions are
102,10 feet in width, 181.8 feet in length, and 37 feet in
height. The interior of the smaller hangar has been altered to
provide office space.
Other facilities on the Property include a one-story, 250
sq.ft. machine shop and miscellaneous small structures.
The marina includes concrete docks containing 52 slips, a fuel
dock and a dockmaster building. A seawall, 1,091.5 linear feet
in length, forms the upland edge of the Property.
The Property and facilities will be open for inspection to
prospective proposers by appointment only. Contact Alberto
Armada, City Property and Lease Manager, at telephone (305)
579-6318 for an appointment.
-6-
92 - 488
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D. 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.
The Property was appraised on March 26, 1992 at an estimated
market value and market rent ranging from $3,450,000 to
$3,832,000 and from $345,000 to $383,000, respectively. A
second appraisal of the property conducted on April 8, 1992
estimates its market value at $3,750,000 and a market rent
value at $342,500. The appraisals are available for public
inspection by appointment only. Contact Alberto Armada, City
Property and Lease Manager for an appointment.
E. Lease Term
The City will enter into a lease agreement with the selected
proposer for the development of the Property described herein.
The City is requiring for this UDP a minimum investment of $1.5
million. The lease term will be structured according to the
dollar amount of investment in capital improvements as follows:
1. With an investment of $1.5 million the lease term
shall be for a period of 10 years. Minimum annual
guaranteed rent shall be $350,000.
2. With an investment on the Property exceeding $1.5
million and/or an annual guaranteed rent in excess of
$350,000, the lease term shall be negotiable.
r-r :' r • r�
Minimum annual lease payments shall be $350,000 or a percentage
of gross revenues whichever is greater.
G.
Pursuant to City of Miami Zoning Ordinance 11000, effective
September 4, 1990, the Property is zoned PR- Parks, Recreation
and Open Space, as described in the official Schedule of
District Regulations and as delineated on the official Zoning
Atlas of the City.
-8- 92-- 488
All prospective proposers must ensure that their proposed
development complies with all applicable zoning laws. For
details of allowable uses and applicable requirements of the PR
zoning district, refer to the Schedule of District Regulations
and zoning text of the City of Miami Zoning Ordinance,
available at the Department of Planning, Building and Zoning,
275 N.W. 2nd Street, Miami, Florida, 33128.
The proposal selection process is set forth in Section 29-A(c)
of the Charter of the City and Section 18-52.9 of the Code of
the City and provides as follows:
1. Solicitation of development proposals from qualified
developers.
2. Initial review of proposals received in response to
the RFP by City staff, to determine compliance with
RFP minimum submission requirements in accordance with
the guidelines set forth 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 a 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- 92-. 488
9. Negotiation of lease agreement between the City and
the selected proposer.
10. City Commission authorization to execute the
negotiated lease agreement with the selected proposer.
11. Execution of lease agreement between the City and the
selected proposer.
I. Unified Development Schedule (Anticipated)
Issuance of the RFP August 7, 1992
Proposal Pre -Submission Conference
Location: Dept. of Development
300 Biscayne Blvd. Way
Suite 400
Miami, Florida
Proposal Submission Deadline
Location: Office of the City Clerk
(First Floor Counter)
Miami City Nall
3500 Pan American Drive
Miami, Florida
Initial Review of Proposals
Review Committee Meeting
Review Committee Meeting
CPA Firm Initial Evaluation of
Proposals Available to Committee
Review Committee Interviews
with Qualified Proposers
CPA Firm Presentation of its
Finding to the Committee
and Final Review Committee Meeting
Recommendation from the Review
Committee and CPA Firm to the
City Manager
Recommendation from the City Manager
to the City Commission for
Selection of One or More Proposals
or Rejection of all Proposals
-10-
August 28, 1992
10:00 a.m.
November 13, 1992
2:00 p.m.
November 16-30, 1992
December 4, 1992
December 18, 1992
January 8, 1993
January 15, 1993
February 1993
March 1993
92- 488
III. REQUEST FOR PROPOSALS LEGAL REQUIREMENTS
In accordance with City Charter Section 29-A(c) and City Code
Section 13-52.9, incorporated herein by reference and included
in Appendix A, the legal requirements for UDPs include:
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The City Commission determines and declares by Resolution that
for the development of improvements on a 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 February 13, 1992, the City Commission adopted Resolution
No. 92-91 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.
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 of
$350,000 or a percentage of gross revenues whichever is
greater. A commitment of a minimum capital investment in the
amount of $1.5 million shall be made part of the proposal.
A security deposit in the amount of $350,000 shall be deposited
in cash, cashier's check or any other financial instrument
acceptable to the City Manager, with the City's Finance
Director at the time of execution of the negotiated lease
agreement contemplated by the RFP. Additionally, 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
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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 Bond or Letter of
Credit in the amount of $ 1 million to guarantee all aspects of
its commitment including its financial performance and the
performance of all work required to complete the proposed
development. The bond or letter of credit shall be subject to
the approval of the City's Finance Director and the Director of
the Risk Management Department.
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The Property and its improvements are offered "as is" by the
City for development and long term management. No
representations or warranties whatsoever are made as to its
condition, state or characteristics. Express warranties,
implied warranties of fitness for a particular purpose or -use
and habitability are hereby disclaimed.
The City has completed the removal of five underground fuel
tanks and one waste oil tank located at the Property. Testing
and site assessment activities are now being conducted by the
City's Environmental Consultant in preparation for the
development of a Contamination Assessment Report. The
Contamination Assessment Report shall be submitted to the
Department of Environmental Resources Management (DERM) for its
review and approval.
The City is responsible for the removal and remediation of any
existing environmental contamination at the Property. By the
submission of a proposal, all proposers agree to assume the
responsibility for carrying out any environmental cleanup that
may be required by DERM. Nevertheless, the City shall
negotiate with the selected proposer provisions in the
contemplated lease agreement such as rent -abatements and/or
other financial accommodations which will serve to defray the
cost of any required cleanup of existing contamination.
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 record.
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The City will 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 negotiated to compliment the
financing package. The lease agreement shall be structured to
provide the City with a minimum guaranteed annual rent or a
percentage of gross revenues whichever is greater.
City -owned property is held in public trust and cannot be
mortgaged, pledged, liened or subordinated in any way as a part
of the lease agreement. All leasehold improvements shall
become the sole property of the City upon the expiration of the
lease agreement.
D. Commitment of Services
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.
All contracts for UDPs shall be signed by the City Manage` or
his duly authorized designee after approval thereof by the City
Commission.
In addition to any other right of termination available, any
substantial increase in the City's commitment of funds,
property, or services, or any material alteration of any
contract awarded for UDPs 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.
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 commitment of funds, property
and/or services and "material alteration" shall be defined as
failure to comply with all aspects of the proposal except as
specifically permitted in writing by the City Manager.
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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.
Proposals must meet the City's development objective of
compatible public/private utilization of the Property.
Proposals must preserve, provide and maintain full marine
services for the boating community, and enhance public access
to and enjoyment of the Biscayne Bay waterfront at Dinner Key.
Aesthetics of the development will be a prime consideration in
the evaluation of proposals. Whether a proposal is to
refurbish and expand existing facilities or to build new
facilities, the City expects the architecture to respect the
local environment and be responsive to the local climate. Of
special concern is the facade and silhouette as well as
landscape treatment as viewed from South Bayshore Drive.
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The principal uses of the Property shall include a full -service
boat yard facility and marina. The ancillary use for the
principal uses of the facilities includes marine -related retail
space as an option. All uses provided for shall be non-
exclusive uses.
(a) Principal Uses
(i) Full Service Boat Yard Facility
A full -service boat yard facility which offers boat hauling,
storage, repair and maintenance services for boats greater than
28 feet in length.* Maximum boat size and weight are not
limited by this RFP, but will be affected by local water
depths.
*The adjacent leasehold, Grove Key Marina, has the exclusive
right at Dinner Key to haul and store boats up to and including
28 feet in length, per an existing lease agreement with the
City executed April 1, 1976 and any amendments thereto.
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The facility shall offer the opportunity for individual boat
owners to provide repair services, general maintenance and
improvements independent of those provided by the operator.
The proposal must provide for a facility which offers full boat
repairs including electrical, mechanical, plumbing, planking,
rigging, carpentry, hull repairs, and engine repairs. The
boat yard facility must also provide showers and restrooms.
Hull repairs, painting, scraping and engine repairs must be
conducted in full compliance with all applicable City, County,
State and Federal regulations governing noise, odor and air
pollution controls.
While a proposal which includes dry rack boat storage within a
covered structure(s) is not required, proposers are alerted
that more favorable consideration will be given in the
evaluation process to covered dry rack boat storage.
(ii) Marina Facilities
Proposers must detail plans to renovate, upgrade, operate and
maintain the existing marina facilities to a quality consistent
with other first class marinas in the Miami Metropolitan alea.
The marina facility is to include wet slip storage, launching
and hauling provisions for boats greater than 28 feet in
length.
Proposers are offered the option to expand the marina by an
area of 1.70 acres and to redesign the piers to maximize the
number of slips for wet boat storage that the marina may
functionally accommodate. Please refer to Section IV.6. for
permitting requirements pertaining to the expansion of the
marina.
In addition, proposers are offered as an option the non-
exclusive right in relation to the Dinner Key area, to sell and
pump fuel (diesel and/or gasoline) in above ground tanks to be
installed at the sole expense of the selected proposer.
The proposal shall also include additional improvements to the
marina such as: (a) dockmaster services during normal working
hours to direct docking activities, (b) sale and pumping of
fuel, (c) provisions for twenty-four hour security, emergency
fuel pumping services at the request of the U.S. Coast Guard,
police, or other authorities as may be designated by the
City of Miami, and (d) fire -fighting equipment.
Proposal must include plans for the repair and/or replacement
of the 1,091.5' linear foot seawall. Proposers are advised
that improvements to be made to the existing boat yard and
marina facilities must comply with current Federal, State and
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local code requirements including life safety needs and any
other applicable regulation.
(b) Ancillary Use
Optional Marine -Related Retail Space
Proposals may include as an ancillary use to the principal uses
of the facilities a maximum of 20,000 sq.ft. of retail space to
provide marine -related retail services including a maximum of
3,000 sq.ft. for food and beverage sales. Ancillary commercial
use of space is to be strictly complimentary to the operation
of a full -service boat yard and marina.
Marine -related retail space may include, but not be limited to
such activities as a ships store, marine parts shop, marine
electronics shop, yacht brokerage, boat dealers, fishing
supplies, sail maker, charter services, marine apparel, rental
locker storage solely for boat yard and marina users, and up to
3,000 sq.ft. of food and beverage sales.
C. Proposed Site Improvements
The proposal must describe proposed improvements to the -
Property and construction of new structures planned, if any.
The City will consider proposals that include refurbishing of
the existing hangar structures. Any proposed improvements to
existing structures must comply with current building code
requirements in accordance with the South Florida Building Code
and life safety needs in accordance with the City Fire Code.
Construction of new structures and/or refurbishing of existing
hangar structures must be architecturally acceptable and will
be critically evaluated in the selection process. Overall
height of new structures shall be limited to 55 feet above
grade including flood criteria. All proposals which include
plans to construct new structures must comply with the view
corridor and public access requirements as set forth in the
Section 3 (mm) of the City Charter included herein for
reference in Appendix A.
A proposal which includes dry rack boat storage within a
covered structure will be given more consideration during the
evaluation process.
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A public access easement with improved walkways, lighting,
landscaping and seating shall be provided along the water's
edge from north to south to reclaim public property for public
open space and provide visual and physical connection to
Miami's waterfront. The easement shall be a minimum of 20 feet
wide and designed in accordance with City of Miami
Baywalk/Riverwalk Design Standards and Guidelines (Appendix B).
The City recognizes the necessity to separate public access and
boat hauling functions and will consider creative solutions
provided in the proposals to achieve physical separation of
these functions.
The proposal must include a plan to repair and/or replace the =
existing seawall, as outlined in Section IV.B.(a)(ii).
Required on -site parking and service areas shall be organized,
appropriately landscaped, and screened from surrounding streets
and adjacent property. Proposals shall also include a
compatible, safe and effective pedestrian and vehicular
circulation system to service the proposed development.
All site improvements must comply with all applicable code
requirements. All signage shall be reviewed and approved by
the City Planning Department. Proposers will be responsible
for acquiring all required permits and approvals.
To the extent possible the City, in anticipation of the
development being solicited herein, will commence the
permitting process pertaining to the number of wet and dry boat
storage slips, however, the selected proposer shall be solely
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.
Proposers are herein alerted to certain provisions of the the
Dade County Interim Boating Facility Expansion Guidelines which
state that "New construction or expansion of multi -family or
commercial powerboat docking facilities (including dry storage)
is prohibited, unless the permit applicant can clearly
demonstrate 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 or unless
the applicant proffers a covenant restricting the usage of all
slips to sailboats."
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Metropolitan Dade County, Department of Environmental
Management (DERM) has determined the maximum number of existing
powerboat slips that could be currently allowed at the Property
under the Interim Boating Facility Expansion Guidelines in
conjunction with the issuance of a Class I Permit. The maximum
numbers of slips that will not constitute an expansion are as
follows:
Marina Wet Storage -- 35 powerboat slips
Large Hangar Dry Storage -- 35 powerboat slips
Small Hangar Dry Storage -- 15 powerboat slips
Outside Dry Storage -- 30 powerboat slips
Proposers are advised that DERM may consider any additional
data that could be provided concerning the historical use of
the marina in an effort to recalculate the allowed maximum
numbers of slips.
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 and applications required by law, at the
proposer's sole cost and expense.
The proposal must include a detailed construction cost estimate
for the entire proposed development.
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.
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G. eve ooment Schedule
The City will require development of proposed improvements to
commence within six 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. Any and all proposed
capital improvements must be completed within forty-eight months
from the date of transfer of the leasehold Property to the
selected proposer.
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Proposals must include professional qualifications and
credentials that demonstrate the development team's ability to
successfully undertake and complete development of the Property.
The proposal must contain information sufficient to demonstrate
the development team's ability to plan, design, construct, lease
and manage a full service boat yard and marina facility with any
retail use proposed in accordance with the development program
outlined herein in this Section.
The Development Team is hereby defined as being comprised of the
proposing entity, its professional planning and design
consultants and subconsultants, its general contractor or
construction manager and its operational and management
consultant.
The. consultants of the Development Team may come from one firm
possessing all the required expertise or may be from among
several firms constituting all the required expertise.
Subconsultants may submit on more than one team. However, the
Development Team shall only submit as part of one submission and
shall not be part of any other submission.
The Development Team shall substantiate experience in all
aspects of development and management of boat yard and marina
facilities and the types of retail uses proposed.
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The general contracting or construction management firm shall be
licensed as a general contractor in the State of Florida.
The Development Team assembled in response to this RFP shall, at
minimum, demonstrate professional expertise in each of the
following disciplines (copies of currently active licenses are
required and must be included in the proposal):
Architectural: shall be registered to practice
architecture in the State of Florida as required by FS
Chapter 481, Part I. Architecture and shall have
substantiated experience in the design and development of
boat yards and marinas;
Engineering: shall be registered to practice engineering
in the State of Florida as required by FS Chapter 471,
Professional Engineers and shall have substantiated
experience in the design and development of boat yards and
marinas;
Landscape Architectural: shall be registered to practice
landscape architecture in the State of Florida as required
by FS Chapter 481, Part II. Landscape Architecture;
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 and boat yard constructions;
Operations and Management: shall have experience in the
operations and management of boat yards and marinas;
If ancillary retail uses are proposed as part of the development:
Commercial Real Estate Leasing: shall have experience in
leasing of marine -related commercial properties.
Operations and Management: shall have experience in the
operations and management of the proposed marine -related
commercial uses.
No additions or modifications may be made to the proposals and
the teams 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 proposed team
subsequent to the submission deadline. Respondents must notify
the City in writing immediately of any firm or individual
presented in its original submission who is unavailable to
continue on the team. Any such change may result in the removal
of the proposal from consideration.
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Respondents are encouraged to include in the composition of the
Development Team, businesses or firms whose primary offices are
located in the City of Miami. City occupational licenses shall
be provided as proof of location for businesses located in the
City. For proposal evaluation purposes, the Review Committee
shall award points for local firm participation based on the
criteria established herein. (Refer to Section VI.B.).
Exhibit II includes forms soliciting detail information which
must be completed and submitted with the proposal.
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Prospective proposers shall address and include, as part of
their proposals the following items:
1. Development Plan:
Description of all aspects of the plan
Overall site development
Number of new buildings, if any, and use;
square footage, height
Retail entity square footage and type, if any
Food and Beverage entity square footage, if any
Architectural features
Methods of construction
Number of wet storage wet slips for
powerboats/sailboats
Number of dry boat storage spaces for
powerboats/sailboats
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.
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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 guaranteed rental payment to the City or
a percentage of gross revenues collected.
8. A dollar amount to be spend on permanent capital
improvements to the facilities and the Property.
9. A schedule including all phases of the development
including planning and design, construction, and
operations.
10. Letters from financial institutions documenting
the proposer's ability to finance all aspects of
the proposed development.
11. Audited Financial Statements for each principal of
the proposing entity.
12. Letters indicating the proposer's ability to obtain
required bonds or letter of credit and insurance.
13. Documentation of the proposer's and Development
Team'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.
S 16. The organizational structure presented in graphic
form depicting the proposing entity and the
professional consultants forming the Development
y Team, including the names, affiliation and
addresses of principals. This includes any and all
general partners, stockholders owning 5% or more of
the stock, the president, vice-president, etc.
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17. Completed Minority
forms (Exhibit III),
participation pursuant
the City's Minority a
Procurement Program.
kS
Participation Documentation
as evidence of minority
to the goals set forth in
nd Women Business Affairs and
18. City occupational license(s) demonstrating the
participation of local firm(s) in the Development
Team.
NNEUM-TrIM-057••- •�
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 II. to this document
must be completed by management contractors.
MINEW1 • - - •
Respondents will be required to comply with all applicable
federal, state and local affirmative action legislation and
regulations, including the City's Minority and Women Business
Affairs and Procurement Program included herein in Appendix C.
Minorities are expected to be an integral part of the development
team, participate substantially in construction contracts and
jobs, and comprise a significant part of the permanent management
team, as well as all businesses and work force created by the
development. For the purpose of proposal evaluation, significant
minority participation shall be defined as 17% black, 17%
hispanic, and 17% female. As evidence of minority compliance,
proposers are expected to complete the applicable forms included
in Exhibit III.
This section provides numerous contract terms and conditions that
the proposer must consider when making a proposal.
Upon authorization of the City Commission, the City Manager or
his designee shall negotiate all aspects of a lease agreement
including terms and conditions related to planning, design,
construction, leasing and management of the proposed development
with the selected proposer.
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1
Said lease agreement will be executed by the City Manager after
it is approved by the City Commission, subject to approval as to
legal form and correctness by the City Attorney, and as to
insurance requirements, by the City Insurance Coordinator.
The lease agreement shall address, but not be limited to, the
following terms and conditions:
1. Lease Term
A lease term reasonably
strategy.
2. Rent
related to the financing
Annual minimum guaranteed rental payment or a
percentage of gross revenues whichever is greater.
Payment schedules
Right to audit
No counterclaim or abatement of minimum rental for any
reason including force majeures except for the cost of
any required environmental cleanup of existing
contamination, if any.
Interest Charges
3. Insurance
Property Coverage
The selected proposer will be expected to purchase
insurance to cover all risks of loss to the
buildings/structures and personal property now
existing and which may be built at a future date,
on a replacement cost basis, with coinsurance
waived by an agreed amount endorsement. The policy
or policies of insurance will be provided from the
commencement of construction to completion and
acceptance of construction in accordance with all
applicable laws and codes. An owner's and
contractor's protection liability policy is to be
issued naming the City and the selected proposer as
additional insured for single limits of one million
dollars ($1,000,000) for bodily injury and property
damage. Additionally the following insurances must
be in force and effect during all construction
periods until completion and acceptances
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(i) XCU (Explosion, Collapse and Underground
Coverage) to be specifically covered naming the
City and the selected proposer as insured;
(ii) All -builders Risk Policy in which the City is
to be named as additional insured as its interest
may appear, and it is to fully covered against the
loss or damage of the work during the course of
construction, including fire, extended coverage,
vandalism and malicious mischief;
(iii) Proof of Automobile coverage for limits of
one hundred thousand dollars ($100,000), single
limit for bodily injury and for property damage to
be provided, naming the City as an additional
insured as its interest may appear. The policy or
policies of insurance may contain a deductible
which must be approved in advance by the City.
Workers' Compensation
The selected proposer will be responsible for
securing workers' compensation insurance for
statutory obligations imposed by the workers' _
compensation laws of the State of Florida and wriere
applicable, the United States Longshoremen's and
Harbor Workers Act, the Federal Employees Liability
Act, and the Jones Act.
General Liability
The selected proposer will be expected to purchase
and maintain in force during the term of the lease
agreement general liability insurance coverage on
either the comprehensive general liability or
commercial general liability form or on an
equivalent policy form. The comprehensive general
liability form is the preferred of these forms.
The selected proposer will be expected to maintain
a minimum of a combined single limit of one (1)
million dollars per occurrence for bodily injury
and property damage liability. The required limits
of liability may be satisfied by a combination of
underlying and umbrella or excess coverage.
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9 9-- 488
j
The comprehensive general liability insurance
coverage is expected to include in addition to
premises and operation coverage, products and
completed operations coverage, broad form property
damage liability, independent contractors coverage,
personal injury liability coverage, and contractual
liability covering the liabilities assumed by the
lease agreement.
Excess Umbrella Liability
The limits of liability required by this section
may be satisfied by a combination of underlying and
umbrella/excess coverage.
Umbrella liability coverage is preferred, but an
equivalent excess liability form may be used.
However, in no case may excess coverage be utilized
if such coverage is more restrictive than the
underlying coverage.
Marina Operators Liability
The selected proposer will provide Marina Operators
legal liability in the amount of not less tharr one
(1) million dollars per occurrence. The policy or
policies shall be endorsed to provide for
protection and indemnity coverage covering all
private pleasure type boats and work boats owned by
the selected proposer and used in conjunction with
the operations covered under this lease.
Certificates of Insurance:
Evidence of compliance with the insurance
requirements shall be filed with the City Insurance
Coordinator upon execution of a lease agreement.
Such insurance shall be subject to the Insurance
Coordinator's approval. New certificates shall be
provided at least thirty(30) days prior to coverage
renewal dates thereafter. While the City will
normally accept the certificates as evidence of
compliance, the developer shall agree that the
applicable policies will be delivered within ten
(10) days to the City.
All policies of insurance must be written with
companies rated at least "A" as to management and
class "V" as to financial size in the latest
edition of Best's Key Rating Guide, published by
the A.M. Best Company, Oldwick, New Jersey.
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y2- 488
LiM
10,
Compliance with the insurance requirements shall
not relieve the selected proposer of its liability
and obligations under this section or under any
other portion of the lease agreement.
The selected proposer's insurance policies shall be
endorsed to name the City as an insured to the
extent of the City's interest arising from this
lease, to waive subrogation against the City, to
expand coverage as required herein, and to provide
that any failure of the selected proposer to comply
with any policy provisions will not void coverage
for the City.
Where applicable, the selected proposers' policies
shall be endorsed to include a severalty of
interest (cross -liability) provision so that the
City will be treated as if a separate policy were
in existence without increasing the policy limits
of liability.
The policies of insurance may contain reasonable
deductibles/self-insured retentions which must be
approved by the City. The selected proposer will
be responsible for the amount of "any
deductible/self-insured retention.
The policies of insurance required shall be written
in a manner such that the policies may not be
cancelled or materially changed without sixty (60)
days advanced written notice to the City.
The insurance requirements contained in this RFP
represent minimum amounts of insurance which in the
opinion of the City are necessary to protect the
City's interest. They are not intended nor in any
way represent the type or amounts of insurance that
are sufficient or adequate to protect the selected
proposers' interest.
If at any time during the lease the City feels that
insurance requirements imposed upon the selected
proposer are insufficient to protect the City's
interests, the City does reserve the right to
modify or change the insurance requirements at that
time.
4. Performance and Payment Bond or Letter of Credit
Upon execution of a lease agreement, the selected
proposer shall furnish the City with a performance
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and payment bond or Letter of Credit for $1 million
to guarantee its financial performance and insure
that the Lessee will promptly make payment to all
claimants supplying labor, materials, or supplies
used directly or indirectly in the prosecution of
the work provided for in the lease agreement, and
to pay the City all losses, damages, expenses,
costs and attorney's fees, including appellate
proceedings, that the City sustains because of a
default by the Lessee under the Lease Agreement.
The bond shall be subject to the approval of the
City Insurance Manager and the City's Finance
Director and comply with FS 255.05, Florida
Statutes (1987) .
5. Indemnification
The lease agreement to be executed by the selected
proposer shall contain an indemnification and hold
harmless provision in favor of the City. The
specific contents of which shall be determined
prior to the execution of the lease agreement.
6. Assignment of Lease
No assignment of lease agreement or any portion or
part thereof, shall be allowed except by and virtue
of action by the City Commission, in its sole
discretion.
7. Restrictions on Use
Authorized principal uses
Authorized accessory use
Compliance with building, zoning and planning laws
8. Design, Engineering and Construction of Improvements
Description of Improvements
Developer's Obligation to Construct Improvements
Submission of Construction Documents
Review and Approval of Construction Documents
Changes in Construction Documents
Submission for Building Permit
Contract(s) for Construction
Conditions Precedent to Commence Construction
Commencement and Completion of Construction
Improvements
Change Orders
Progress Reports
Payment of Contractors and Supplies
Cancellation or Discharge of Liens Filed
Construction Coordination and Cooperation
-28- 92- 488
9. Condition of the Property
The City is responsible for the removal and
remediation of any existing environmental
contamination at the Property site. By the
submission of a proposal, all proposers agree to
assume the responsibility for carrying out any
environmental clean up that may be required by
DERM. Nevertheless, the City shall negotiate with
the selected proposer adding provisions to the
contemplated lease agreement such as rent -
abatements and/or other financial accommodations
which will serve to defray the cost of the cleanup.
The Property, including all improvements thereon is
offered "as is" and any work or labor required to
conform to applicable laws shall be the successful
proposer's responsibility at his sole cost.
No warranties express or implied will be
represented as to the Property. All warranties
including any warranty of fitness or
merchantability will be expressly disclaimed in the
lease agreement. 40
10. Site Review
Before execution of the lease agreement, the selected
proposer shall carefully examine the entire site of
the proposed work and adjacent premises and the
various means of ingress and egress to the site, and
make all necessary investigations to inform themselves
thoroughly as to the facilities necessary for
delivering, placing and operating the necessary
construction equipment, and for delivering and
handling materials at the site, and inform themselves
thoroughly as to all difficulties involved in the
completion of all the work.
The successful developer shall verify all site
conditions shown or indicated on the Sketch of Survey
attached herein as Exhibit I. All existing trees,
paved areas, utilities, etc., shall be located before
beginning any work and the developer shall be
responsible for any error resulting from failure to
exercise such precaution.
11. Operation, Leasing and Management of Public and/or
Retail Premises
Description of premises
Operation and maintenance standards
-29- 9 2- 488
12. Construction Financing
The existing improvements located upon the Property
shall be leased "as is". The City shall not provide
funds or financing for the development contemplated by
this RFP.
The lease agreement will recognize that City -owned
property is held in public trust and cannot be
mortgaged, liened, encumbered, pledged, hypothecated
or subordinated in any way as part of the lease
agreement.
13. Public Charges/Fees/Taxes
Evidence of Payment of Public Charges
The selected proposer shall pay for all utilities
consumed on the premises as well as connection and
installation charges thereof.
The selected proposer shall pay all taxes on all
improvements which may be levied, as well as sales,
use, income and other taxes imposed by any
governmental authority, as well as any other
obligations specified in Section 29 A-(e)(2) of the
City Charter.
14. Default - Termination
Default by Lessee
Default by City
Obligations, Rights and Remedies Cumulative
Non -Performance Due to Causes Beyond Control of
Parties
Surrender of Premises
Ownership of Equipment and Furnishings on Termination
15. Examination of Premises
The selected proposer shall permit the City Manager or
his designee to enter the premises at any time for any
purpose the City deems necessary to, incidental to or
connected with the performance of the selected
proposer's duties and obligations hereunder or in the
exercise of its rights or functions.
16. Audit Rights
The City shall reserve the right to audit the records
of the selected proposer with respect to the lease
agreement at any time upon reasonable notice during
the performance of the lease agreement.
-30- 92- 488
17. Award of the Lease Agreement
The selected proposer shall warrant that it has not
employed or retained any person employed by the City
to solicit or secure the lease agreement and that it
has not offered to pay, paid, or agreed to pay any
person employed by the City any fee, commission,
percentage, brokerage fee, or gift of any kind
contingent upon or resulting from the award of making
the lease agreement.
18. Conflict of Interest
The selected proposer shall be aware of the conflict
of interest laws of the City, Dade County, Florida,
and the Florida Statute, and agrees that it will fully
comply in all. respects with the terms of said laws.
.Any such interests on the part of the selected
proposer or its employees must be disclosed in writing
to the City.
The selected proposer, in the performance of the lease
agreement, shall be subject to the more restrictive
law and/or guidelines regarding conflict of interest
promulgated by federal, state or local government.'
19. Non -Discrimination
The selected proposer shall not discriminate against
any person on account of race, color, sex, religious
creed, ancestry, national origin, mental or physical
handicap in the use of the demised premises and the
improvements thereon.
20. Rules and Regulations
The selected proposer shall abide by any and all rules
and regulations pertaining to the use of the premises
which are in effect, or which may at any time during
the term of the lease agreement be promulgated.
21. Compliance with Federal, State and Local Laws
The selected proposer shall comply with all applicable
laws, ordinances and codes of federal, state and local
governments.
-31-
92- 488
22. Minority Procurement Compliance
The selected proposer will acknowledge in the lease
agreement that it has been furnished a copy of Article
IV. 5. Sections 18-67 - 18-77 of the City Code, the
Minority and Women Business Affairs Procurement
Program of the City, (Appendix "C") and will agree to
comply with all applicable substantive and procedural
provisions therein, including any amendments thereto.
This Section of the RFP (IV.L.) does not constitute all the
terms and condition which will be contained in the lease
agreement. The City reserves the right to include in the
lease agreement such terms and conditions as deemed
necessary by the City Manager for the proper protection of
and in the best interest of the City.
-32- 9 M -- 4 8 8
V. PROPOSAL SUBMISSION REQUIREMENTS
Submissions received in response to the RFP shall meet all
requirements specified herein in this Section. Submissions
deficient in providing the required information shall be
determined non --responsive by the City and ineligible from any
further consideration.
A complete proposal submission package shall be delivered to
the City as follows:
1. One (1) original and fourteen (14) copies of bound
proposals in an 8-1/2"x 11" 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 2640 South Bayshore
Drive Property, Miami, Florida" and addressed to:
Herbert J. Bailey
Assistant City Manager
City of Miami
3. Proposals must be received at:
Office of the City Clerk
City of Miami, City Hall
(First Floor Counter)
3500 Pan American Drive
Miami, Florida 33133
4.--- The submission package shall be submitted by:
2:00 P.M.
Friday, November 13, 1992
5. Proposal submissions must be accompanied by:
A non-refundable cashier's check
in the amount of $2,000, made
payable to the City of Miami
92-- 488
-33-
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., November 13, 1992 or at any other
City office location, other than the City Clerk's Office (First
Floor Counter).
Funds accompanying the proposal submission will be used by the
City to cover actual expenses for advertising, printing, and
mailing incurred by the City in preparing and issuing the RFP.
Expenses incurred in evaluating proposal submissions, in
excess of the total amount collected shall be reimbursed to the
City by the selected proposer upon execution of a lease
agreement.
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.
The City Commission, consisting of five elected officials, _
including the Mayor, will select a proposal based on " the
recommendation of the City Manager.
At a public hearing held July 16, 1992 the City Commission
authorized the City Manager to issue the RFP, appointed a
review committee from recommendations submitted by the City
Manager and further selected a certified public accounting
(CPA) firm, both to evaluate submitted proposals.
The review committee established by the City Commission at the
public hearing, will render a written report of its evaluation
of responsive proposals to the City Manager. The review
committee shall evaluate each proposal based on the criteria
established herein. The committee has the authority to
recommend one or more, or none of the proposals 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
Commission will render an independent report of its analysis of
proposals to the City Manager. The accounting firm shall
analyze each proposal based on the criteria established herein.
The accounting firm shall present its preliminary findings
regarding each proposal to the review committee prior to the
review committee completing its deliberations.
-34- 92- 488
Proposals shall be reviewed initially by City staff for
compliance to 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 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 cashiers check have been
received by the deadline date and time and at the
correct location.
. ,, ,, - . , -
The following specific evaluation criteria and its respective
assigned values shall be used by the review committee:
Value
(Points)
Experience of the proposing entity ...............15
Capability of the development team................20
Financial capability..............................20
Financial return to the City......................20
Overall design of the proposed development ........ 15
Extent of minority participation ..................10
Local firm(s) participation ........................6
Total Maximum Points ...... 106
Proposers are encouraged to have their proposals conform to
the following factors which will be utilized by the review
committee in evaluating the proposals:
1. Experience of the Proposing Entity (15 points)
Qualifications and experience of the proposing entity
indevelopment, design, leasing and management.
-35- 92-- 488
Specific experience of the proposing entity in
development,design, leasing and management of boat
yard and marina facilities and ancillary types of uses
proposed, if any.
2. Capability of the Development Team (20 points)
Composition of the Development Team; professional
qualifications and capability of team members,
project managers, consultants and subconsultants.
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 =
developments comparable in scope, complexity,
magnitude; -
Good past performance in the administration of other
developments and cooperation with former client8. —
Demonstrated ability to meet time schedules and
budget.
Qualifications, organization and experience of
operational, leasing management team.
Qualifications and specified experience of project
managers, team members and professional consultants
in development and management of boat yard and marina
facilities.
Specific experience of the Development Team in
relationship to development and management of the
types of ancillary uses proposed.
3. Financial Capability (20 points)
Demonstrated financial capability of the proposing
entity sufficient to successfully undertake and
complete this development.
-36- 9 2- 488
Development schedule.
Proposing entity's track record of financing
developments comparable in magnitude and scope to
successfully finance this development.
Viability of financing strategy, financing mechanism,
and funding sources.
Demonstrated feasibility of all aspects of the
proposed development substantiated by a market
analysis.
4. Financial Return to the City (20 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.
S. overall Design of the Proposed Development (15 poin1s)
Fulfillment of the City's established development
objective.
Appropriateness and quality of the design as
related to the character of the site and the
Dinner Key waterfront.
Appropriateness and quality of the design of new
structures and/or refurbishing of existing hangars
Treatment of dry rack boat storage
Imaginative and creative treatment of architectural
and site design of public access to and design of
public spaces, exterior spaces, circulation, view
corridors, landscaping, graphics, signage and
lighting.
Efficiency of site design and organization,
and compatibility of uses.
-37-
92- 488
6. Extent of Minority Participation (10 points)
Minority/women participation within the proposing
entity.
Minority/women participation within the Development
Team.
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.
7. Participation of Local Firm(s) (6 points)
Local firm(s) participation shall be defined as a firm
having a established business office within the City
municipal limits. The firm shall have a current
occupational license issued by the City.
a. 3 points shall be awarded to a proposal
submitted by a local proposing entity.
b. 3 points shall be awarded to a proposal whose
Development Team consists of local consultants
in the design, general contractor, management
and operations fields.
The certified public accounting firm selected by the City
Commission will evaluate each proposal submission prior to
evaluation by the review committee. Specifically, the
certified public accounting firm will evaluate the financial
viability of the proposing entity, the viability of the
financing strategies, source and structure; and will assess
comparatively the short and long range economic and fiscal
return to the City. Additionally, the certified public
accounting firm will assess the market analysis and evaluate
the economic feasibility of the proposed development. The
accounting firm shall present its findings regarding each
proposal to the review committee prior to the review committee
completing its deliberations. The CPA firm will render an
independent report of its findings to the City Manager.
92- 488
-38-
W
�;�OM
INTER -OFFICE MEMORANDUM
Honorable Mayor and Members
of the City Commission
le,
llt_1112_1��
Cesar H. Odio
City Manager
i i_5W9JvTNW 7a +�ii AGRE
DATE + u 11 2 J i 99 1 FILE
SUBJECT Issuance of UDP/RFP for
2640 S.Bayshore Drive
Property
REFERENCES For City Commission
ENCLOSURES Meeting of 7/9/92
It is respectfully recommended that the City Commission adopt the
attached Resolution, with attachments, authorizing the issuance
of a Request for Proposals (RFP) on July 30, 1992, in
substantially the form attached, for the Unified Development
Project consisting of the development of a full -service boat yard
facility, marina and optional ancillary marine -related retail use
on aproximately 10.88 acre City -owned waterfront property
located at 2640 South Bayshore Drive, 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 City of Miami Charter Section 29A(c)
and City of Miami Code Section 18.52.9.
The Department of Development recommends that at the conclusion
of the public hearing on July 9, 1992, to discuss the contents of
the Request for Proposals (RFP), that the City Commission
authorize the issuance of a RFP, select a certified public
accounting firm and appoint members of a review committee to
evaluate proposals and report findings to the City Manager as
required by the City Charter and Code for this Unified
Development Project.
On February 13, 1992, by Resolution No.92-91, the City of Miami
Commission determined that the development of approximately 10.88
acres of City -owned, waterfront property including 6.36 acres of
upland and 4.52 acres of bay bottom contiguous to the upland
located at 2640 South Bayshore Drive, Miami, Florida, would best
be accomplished using the Unified Development Project (UDP)
process for a full -service, boat yard facility, marina and
optional ancillary marine -related retail use.
0
L/' r(
Honorable Mayor and Members
of the City Commission
Page two
Pursuant to the aforementioned Resolution, it was determined that
for the development of these improvements, the City procure from
the private sector an integrated package that includes planning,
design, construction, leasing and management.
Charter Section 29-A(c), requires that the City Commission hold a
public hearing to consider the contents of the Request for
Proposals (RFP). The public hearing was set for June 11, 1992 at
4:00 p.m. and was duly advertised. On June 11, 1992, the City of
Miami Commission authorized the continuance of the public hearirg
to July 9, 1992 at 4:00 p.m.
At the conclusion of the public hearing, the City Commission if
disposed to proceed, may authorize the issuance of a RFP, the
selection of certified public accounting firm, and the
appointment of members to a review committee from persons
recommended by the City Manager.
The certified public accounting team composed of Arthur Andersen
& Co. in association with the minority -owned firm of Sharpton
Brunson & Co. is recommended as the CPA firm for this project.
This firm was ranked as number one out of a total of three
submissions of qualifications evaluated by the City.
The following individuals, four representatives of the public and
three City employees are recommended for appointment to the
review committee that will evaluate forthcoming proposal
submissions and render a written report of its findings to the
City Manager:
James Wellington, the Waterfront Board
David Ray, The Marine Council
Eli M. Feinberg, EMF & Associates
Kevin Cote, Metropolitan Dade County
Department of Environmental Research Management
92- 488
C.-
Honorable Mayor and Members
of the City Commission
Page three
Members of the City
Lawrence Terry, Department of Parks & Recreation
Allan Poms, Public Works Department
Raul de la Torre, Department of Parks & Recreation
It is recommended that the attached Resolution be adopted by the
City Commission, in its entirety, authorizing the RF'P be issued
on July 30, 1992 for the Unified Development of the 2640 S.
Bayshore Drive Property, in accordance with City Charter and Code
requirements.
Attachment%
Proposed Resolution
Draft RFP