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HomeMy WebLinkAboutR-90-0531J-90-545 1/12/90 w V' RESOLUTION No, A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE ISSUANCE OF A REQUEST FOR PROPOSALS (RFP) ON JULY 26, 1990, IN SUBSTANTIALLY THE FORM ATTACHED, FOR THE UNIFIED DEVELOPMENT OF MAUSOLEUM USE ON CITY -OWNED PROPERTY LOCATED BETWEEN NORTH MIAMI AVENUE AND NORTHEAST 2ND AVENUE ON NORTHEAST 19TH STREET, AS MORE PARTICULARLY DESCRIBED HEREIN, SAID RFP TO INCLUDE AN OVERALL HEIGHT LIMITATION OF FOUR STORIES OR NO MORE THAN FIFTY FEET FOR THE MAUSOLEUM STRUCTURE AND PROVISIONS FOR MAINTENANCE AND IMPROVEMENT OF THE ADJACENT CITY OF MIAMI CEMETERY; 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. WHEREAS, the City of Miami Charter Section 29-A(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 of improvements; and WHEREAS, on April 26, 1990, by Resolution No. 90-0320, the City Commission determined that for the development of mausoleum use on approximately .85 acres of City -owned property located between North Miami Avenue and Northeast 2nd Avenue on Northeast 19th Street, adjacent to the City of Miami Cemetery, it is most advantageous for the City to implement the UDP process; and WHEREAS, pursuant to the aforementioned Resolution, it was determined that for the Unified Development of mausoleum use the City procure from the private sector an integrated package that includes planning. design, construction, leasing and management; and WHEREAS, The City of Miami Commission adopted Resolution No.90-476 amending Resolution No.90-0320 on June 28, 1990 to provide that leasing be excluded from the integrated package the City is to procure from the private sector for the development of''. said improvements; and �r JUL is�t 90 WHEREA90 Charter Section 29-A(c) requires that the City Commission hold a Public hearing to consider the contents Of the Request for Proposals (RFP); and WHEREAS, pursuant to the Resolution No. 90-0320 a public hearing is being held on July 12, 1990 at 11:00 some to consider the contents of said RFP for a UDP on this site; and c WHEREAS, Charter Section 29-A(c) further authorizes at the conclusion of the public hearing, if the City Commission is r` disposed to proceed, it may authorize 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 Manager; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to issue a Request for Proposals on July 26, 1990, in substantially the form attached, for the Unified Development of mausoleum use on approximately .85 acres of City -owned property located between North Miami Avenue and Northeast 2nd Avenue on Northeast 19th Street adjacent to the City of Miami Cemetery, more particularly described in the RFP, said RFP to include an overall height limitation of four stories or no more than fifty feet for the mausoleum structure and provisions for maintenance and improvement of the adjacent City of Miami Cemetery. Section 2. Said Unified Development project will include the following integrated package: - Planning and design, construction, and management Section 3e The certified public accounting team of Jordaal, Abella 6 Company, in association with Aida B. Briele b Associates is hereby selected to analyze said proposals and reader a written report of its findings to the City Manager. T; Section 4. The following five individuals are hereby appointed members of the review committee to evaluate eacb proposal and render a written evaluation of its findings to the City Manager, including any minority opinions. is iI - tl `Seg �• G- -,'..l x �.,,-wr,.ihs' Ma)'- R43 _AE 1 �c n. MIKE 0t_1HE PUBLIC ��y .=1,K ,� i Attorne�r at Law Ise ater u ste n Deli* L. Hatch barvin Gearhart Ana Gelabert Albert Ruder Section S. Temple Israel of Greater Midi Planner Dade County Public Schools< Chairman } Funeral Services Department Miami Dade community College f CITY EMPLOYEES Architect/Landscape Architect Planning Department Director Parks, Recreation & Public Facilities Department This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 12th day of July 01990. PREPARED AND APPROVED BY: RA AEL 0. DIAZ ASSISTANT CITY ATTO 4EY R 3 R L. SUAR Z, MAYOR APPROVED AS TO FORM AND CORRECTNESS: i G RNANDEE CITY AT EY s k}4 i43? i J y.. F t ` VOIR "a PROPERTY AWACRNT TO CITY or MIAMI CE Naftly MOUTMOV Colman or 8 on 1 19" SST AND M 68 • MIAMI COURT) MIAM10 PLORIDA JULY 26, 1990 CITY OF mrAMI Xavier L. Suarez, Mayor Miller J. Dawkins, vice Mayor Dr. Miriam Alonso, Commissioner Victor H. De Yurre, Commissioner J. L. Plummer, Commissioner Cesar Be Odio, City Manager Jorge L. Fernandez, City Attorney 4A� . ly 7� Prepared by: Department of Development and Housing Conservation Development Division 300 Biscayne Boulevard Way Suite 400 Riani, Florida 33131 Tel. (305) 579-3366 x. Proposal Submissions Due: 2:00 p.m., Friday,October 26, 1990 x r Submission Location: City Clerk's Office' (First Floor Counter) Miami City Hall a 3500 Pan American Drive Miami, Florida 33133 90— 53 f- h? M x . i x July 26, 1990 To whom it May Concern: I� Thank you for your interest in the Unified Development of., an Y approximately .85-acre City -owned site located on N.Bb 119th Street between N.E. 2nd Avenue and N.E. Miami Court, contiguous to the City of Miami Fire Station No. 2 and the City of Miami h Cemetery in Miami, Florida. Enclosed is the City of Miami•s Request for Proposals (RFP) that details the project's goals and proposal submission requirements, significant -project reports and pertinent legal and obligatory documents. Responses to this RFP are due no later than 2:00 p.m., Friday, October 26, 1990. The City retains the option to require a more extensive and detailed submission prior to final selection of a developer ishould the selection process warrant a second stage review, as well as the right to reject all proposals through and including up to the time the City Commission selects a proposer and approves the execution of a management agreement. Please carefully review all of the enclosed documents. Proposals must comply with all requirements detailed in the RFP to be eligible for consideration. Any proposal deemed by the City Manager to be non -responsive or to not .meet the minimum requirements of this Request for Proposals shall be rejected by the City prior to the Unified Development Project evaluation process. All information and material submitted will be n carefully analyzed and independently verified. Proposals must present a definitive development program, completion schedule, site plan and design conceptf financial strategy, and management plan, respecting all requirements of this Request for Proposals to form the basis for selection by the City. 4 } t�h 4 t'jtt i 'S Sh Y' 9 Y 16t t OT 4 r j `^- July 260 1990 Page 2 Contact with City employees, except for public hea-rings and presentations, regarding this project or any aspect of a proposal by a proposer or any representative of a proposer shall be limited to the City Manager or his designees, Herbert J, Bailey# Assistant City Manager, and City staff assigned to this project6 Written and oral discussions between the City Manager, his designee or City staff assigned to this project and offerors who submit proposals may be conducted, but proposals may be accepted as submitted without such discussions. 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 and Housing Conservations, 300 Biscayne Boulevard Way, Suite 400,, Miami, Florida 33131. Any response that could potentially Impact proposals will be furnished to all offerors in the form of an addendum. The City will conduct a Proposal Pre -Submission Conference on Thursday, August 9s, 1990 at 10:00 a.m. at the Department of Development and Housing Conservation, 300 Biscayne Boulevard Way, Suite 400, Miami, Florida 33131. While attendance at the Pre - Submission Conference is not a condition for offering proposals, all prospective proposers are encouraged to attend. Proposals must be delivered to Matty Hirai,, City Clerks, (First Floor Counter),, City Hall, 3500 Pan American Drive, Miami, Florida 33133 by no later than 2:00 p.m., Friday, October 26, 1990. A list of proposers will be made public on that day. Sincerely, Cesar H. Odio City Manager TABLE or COMM" .: 16 POLte 401ftha...... .i•i.•.f..i••i••••.••i••.••i•••!♦ria ' ft i P110nCT MRVtlgN A 6 S uMma J. y i ... • • • • ............ f ♦ . ♦ ... • . • . r • .. Br Project Location and Charaoteristics•a..6666440.062 Figure i• area Locationap•••.f.f..••.•••.a.a••♦'� C. Site �e�Cription...r•.•i••••..•.s••.••••.♦ri..f•♦a4 Figure 2• Project Location Map.....•...........ai D• honing.....i.�..............................•...•�� E. Unified Development Project Process schedule...6466 111. REQUBS'T' POR PROPOSALS LEGAL REQUIREMENTS A. unified Development projects ...............i....a.7 B. Commitment of Funds.• .....................�..•....'� C. Commitment of Property.•......••.•...•.•.•....fr•68 D. Commitment of Services......•..•.....•••. .♦......9 E. Execution of Contracts......•.r6••..••f.►.•••...•.9 F. Right of Termination.......••....f....•... •9.6.•69 G. Definition of Uses ...................... .,.......9 IV. PROPOSAL DEVELOPMENT CONSIDERATIONS t A. Development Objective..............•.... ........10 Be Use......................................,........10 C. Site Improvements....r..•.••..i........• .0064.00010 D. Permitting and Licensing•...........•.........•...11 E. Estimated Construction Cost.......................12 F. Project Financing Strategy .............•....•..•..12 G. Development Schedule......•.......................12 H. Method of Operatic n................... s f ..... • ....12 I. Minority Participation............................13 J. Contract Terms....................................13 _ V. PROPOSAL FORMAT _ A. Credentials.......................................14 Be Project Proposal................•.................15 C. Additional Requirements .......................•...16 VI. PROPOSAL SUBMISSION PROCEDURES ........... ..............li VII. EVALUATION CRITERIA A. Initial Review................................•...18 -- Be Review Committee Evaluation.•.....................19 C. CPA Firm Evaluation Criteria .............•........21 VIII• TERMS AND CONDITIONS TO BE CONSIDERED IN THE !MANAGEMENT AGREEMENT ...........................•21 --- - 3 " @ TABLE or COMM" (CONTINUED) .I � t by G APPENDIX A. Pertinent Legislation APPENDIX B. City of Miami Minority /Women Business Affairs and Procurement Program Ordinance No. 10062 and ordinance No. 10538 EXHIBIT I. Boundary and Topographic Survey 'EXHIBIT II. Declaration, Professional Information and Financial Disclosure Forms Ka (NOTE: APPENDICES AND EXHIBITS NOT INCLUDED IN THIS DRAFT) 0.4 1 • u O a-[ 1 K k d The City of Miami is inviting interested parties to submit Unified Development project proposals for the planning and design, conateuction, and management of a mausoleufn on approximately .85 acres of City -owned property located adjacent to the City of Miami Cemetery at N.E. 19th Street between N.9. 2nd Avenue and N.B. Miami Court in Miami, Florida. As a condition for offering proposals, the development proposal shall Include the improvement and maintenance of the adjacent City Cemetery. All proposals shall be submitted in accordance with the Request for Proposals document which may be obtained from the City of Miami Department of Development and Housing Conservation, 300 Biscayne Boulevard Way, Suite 400, Miami, Florida, 33131, Telephone (305) 579-3366, These documents contain detailed and specific information regarding the property being offered for Unified Development and the City's goals for the use of the property by the successful proposer. The City will conduct a Proposal Pre -Submission Conference on Thursday, August 9, 1990 at 10:00 a.m. at the Department of Development and Housing Conservation. While attendance at the Pre -Submission Conference is not a condition for offering proposals, all prospective proposers are encouraged to attend. Proposals must be delivered to Matty Hirai, City Clerk, City Hall,(First Floor Counter), 3500 Pan American Drive, Miami, Florida 33133 by 2:00 p.m., Friday, October 26, 1990. A list of proposers will be made public on that day. No proposals shall be accepted late or at any other City office location. 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 or informalities in any proposals, or to reject any or all proposals, and to re -advertise for new proposals. In making such determination, the City's consideration shall Include, but not be limited to the proposer's experience, capability of the development team, the proposed management fee, the proposer's financial qualifications, the overall project design, the feasibility 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. Any proposal deemed by the City Manager to be non -responsive or to not meet the minimum requirements of this Request for Proposals may be rejected by the City, in the sole and exclusive discretion of the City Manager, prior to the Unified Development Project evaluation process. Ad v. xxx -- 7/26/90 1 Cesar H. Odio City Manager 94- 531 A. Sutlimar The City of Miami is extending invitations to qualified and experienced developers to submit proposals for the planning and design, construction, and management of a mausoleum on approximately .85 acres of City -owned property located adjacent to the City of Miami Cemetery at N.E. 19th Street between N,g� 2nd Avenue and N.E. Miami Court in Miami, Florida. As a condition of offering proposals, proposers shall assume the responsibility of the maintenance and improvement of the historic City of Miami Cemetery. The development proposal shall include detailed and specific information regarding the proposed improvements and maintenance program for the cemetery. The proposed development may include a flower retail establishment as the only ancillary use. On -site parking shall be provided. On June 28, 1990 the City Commission adopted a Resolution amending Resolution No. 90-320 adopted April 26, 1990 and declaring that the most advantageous method to develop certain improvements at the property adjacent to the City of Miami Cemetery, is by the Unified Development Project (UDP) process that seeks to procure an integrated development package from the private sector including planning and design, construction, and management of this property. On July 12, 1990 the City Commission adopted a Resolution which authorized the issuance of this Request for Proposals, on July 26, 1990, appointed a five 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 for Unified Development Projects. Pertinent legislation is included as Appendix A. Proposals shall include planning and design, financing, construction, and management of proposed improvements, including Improvements and the management plan proposed for the City Cemetery. The property, in public ownership by the City of Miami, is to be developed and managed by the successful proposer under a long-term management agreement with the City. B. Project Location and Characteristics The property to be developed is located in the southeastern section of the neighborhood known as Wynwood. Four distinct sections comprise Wynwood. Omni and Edgewater are located in the eastern portion of the neighborhood. The Fashion/Garment District and the Old San Juan Section are located in the western section of the neighborhood. The neighborhood known as overtown is located west of the subject site. Directly south is the Downtown Central Business District. Refer to Figure 1, "Area Location Map." 2 90- 531 /• / �� _ AIM EDGEWATER iron .... ..�� :-� � - � � -. - - �..: I !I I I (III � C -r �"�•> �00000co I I I I: �1■ ( `\ �� I OMNI ill 1•■ % A 11 M A \ ; 1 .' }�,� -�� I I I I I I►, � I I I I I I I I I I I �, ;� � � I�(III IIII���_��_�_�_IIIitl��ilitllll!LIII�•";°""� �-"'*' �1%V /''`' r t ■1000101 i\ \?9d�W�i r. 11 11 if GTA, in mo ■1, , 1 ■ i�m In 1 ■ � � � �S Y � ■ ■ ' i�Ri�R�R�sn\ mm ■rl ■■ ■■ ■■ �1 �►\ �� ■ d>!'�Riao�sr�RSLR �4iK;2f�• r • • m MIMI= MS 1M I• MII Ml i _ -. 000u Isaac as I �m MMmom M11 M1ism mmm r 1M c1111111��� ■■■���lM 1�'���! _ -- the wynwood Area and vicinity offer a diverse mix of high faahlft' shopping and high rise condominiums as well as cultural and commercial amenities for its residents and visitors. overtown adjacent to Miami's Downtown Central Sulsinesa District and the City's major medical and civic centers, is experiencing major" redevelopment in the areas of residential construction and commercial activity. Sports, international events and exhibitions are now taking place at the new Miami Arena located In the Overtown area. Downtown Miami is characterized as a major center of international finance, commerce, trade and tourism. The Omni area, close to Dowhtown, plays an important role by contributing a collection of quality shops, restaurants and hotel accommodations. C. Site Descri2tion As shown in Figure 2. "Project Location Map," the subject property is bounded on the north by N.E. 19 Street and N.E. Miami Court, on the west by Fire Station No. 2., on the south by the City of Miami Cemetery and on the east by N.E. 2nd Avenue. The subject property is .85 acres having no improvements other than several asphalt walkways and two chain -link fences on both the frontage side and its western boundary. For more detailed information and the legal description of the site, refer to Exhibit I. "Boundary and Topographic Survey of Proposed Mausoleum Site." South of the subject site is the historic City of Miami Cemetery, first laid out in 1897. It is Miami's oldest cemetery and is the first and only municipal cemetery in Dade County. It comprises a ten acre tract of land enclosed by a masonry wall and iron fence and entered through iron gates with the words "City of Miami Cemetery" on N.E. 2nd Avenue. A second entrance is located on N. Miami Avenue. The cemetery is the resting ground for members of Miami's pioneer families, and war veterans from the Civil War and the Spanish American War. The City of Miami Cemetery is managed by the City of Miami Department of Parks, Recreation and Public Facilities. Operations and maintenance costs approximate $76,000 annually. The cemetery is currently in active use and gravesites are still available. Public awareness of the importance of the cemetery in Miami's history has increased with the foundation in 1989 of "The Friends of the Cemetery," a group of concern citizens that have gathered to look after the preservation and care of this historic site. North of the subject site is N.E. 19th Street which ends on N.E. Miami Court. Temple Israel of Greater Miami is located on this street. The Temple was founded in 1922 and has been in its present location since 1928 when its- main sanctuary was dedicated. In addition to offering religious services on Friday e� ning for its congregation of 700 families, the Temple provides 4 90— 531 ?' { C^ I y N .E. IT ST . r FIGURE 2 - PROJECT LOCATION MAP 5 90- 531 r:f FIt�GH MO O l0l /� �� 13 $ 0 a daily range of ediftmunity services both during the day and evening hours* Activity on NA6 19th Street is increased by the existence of the - Miramar 'elementary School. Children use the grounds directly F' east of the subject site as a playground, both during and after achaol hours, b. Zoning Persuant to the newly adopted City of Miami Zoning Ordinance 11000, which becomes effective as of September 4, 1990, the subject property is zoned G/1-Government and Institutional, as described in the official Schedule of District Regulations and as delineated on the official Zoning Atlas of the City of Miathib The adjacent City of Miami Cemetery zoning classification is G/1, and in addition includes a HC-1 Heritage Conservation Overlay. Permitted principal uses in G/i districts include local, state, ` regional and federal government, health, religious, educational, transportation, public utility facilities and cemeteries. Accessory uses permitted include uses and structures which are customarily incidental and subordinate to permitted principal uses and structures. Off-street parking requirements for non- residental uses is one (1) space for each 300 square feet of proposed gross floor area. ;x New construction, alteration, relocation, or demolition within ;J the HC-1 Overlay District is subject to the requirements, procedures, and guidelines for Certificates of Appropriateness A set forth in section 709 of the zoning text and the decision of p the Heritage Conservation Board of the City of Miami. General maintenance or. repair of any structure when such maintenance or repair does not constitute an alteration, is permitted within AC districts. No representations are made here as to the City of Miami Zoning Ordinance. Compliance with zoning laws are the sole responsibility of the prospective proposers. For more detail of allowable uses and applicable requirements of the G/I zoning district and the HC-1 Overlay 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. E. Anticipated Unified Development Project Process Schedule Proposal Pre&Hubmiaairn Conference rations Dept. of Development :. .100 Hisdayne Blvd. Way suite '406 Miami# Florida. Proposal Submission Headline Locations Office of the City Clerk (First floor Counter) Miami City Hall 3500 Part American Drive Miami, Florida CPA Firm Evaluation of Proposals - Review Committee Meeting - Review Committee interviews Qualified Proposers _ Recommendation from the Review Committee and CPA Firm to the City Manager Recommendation from the City Manager to the City Commission for - Selection of a Proposer K `A i` August 9+' l03 00 a if'1• p October 26, 19� N t November 1990-January 199 November 1990-January 1991 III. REQUEST FOR PROPOSALS LEGAL REQUIREMENTS A. Unified Development Projects January 1991 February 1991 March 1991 4, Refer to Appendix A, Charter Section 29-A(c) and Code Section - 18-52.9 for detail information on the definition, requirements = and procedures governing the Unified Development Project process.' B' Commitment of Funds - 1 C i t - Y - The City +does not intend to provide direct or indirect funds or financing to the development, or commit any funds, services or property (excluding the. site offered herein). 2. Successful Proposer - The -successful proposer is required to plan, design, construct - and manage the proposed mausoleum facility and, in addition, make - improvements to and be responsible for, the management of the adjacent historic cemetery. 7 90-,531 y � n t > +a AAA ' .. .. n of •'. The selected proposer is required to provide adequate equity and debt capital to finance all aspects of the proposed Unified Development of the propertyt The successful proposer is required to provide the City with a minimum guaranteed annual percentage of gross revenues The remaining percentage shall constitute the proposer's management fee. These percentages of revenues shall be made a part of the proposal. Additionally, the successful proposer is required to operate and maintain the City of Miami Cemetery, with minimum expenditures to exceed the current cost of $76,000 annually, including yearly cost of living adjustments. The successful proposer shall establish a care and maintenance trust fund with an initial deposit of not less than $25#000. Deposits in the trust fund shall me equal to a minimum of 10% of all payments received from sales of burial rights. A preconstruction trust fund shall also be established by the successful proposer. The successful proposer shall reimburse the City, at time of - execution of the negotiated management agreement, any and all direct costs incurred in evaluating all proposal submissions, including but not limited to, appraisal fees, the professional services cost of a certified public accounting firm selected by the City Commission, advertising, and printing (refer to Section VI) . C. Commitment of Property The property is 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. Proposers will be allowed access to the site to conduct any inspections or tests at their sole cost and expense. The City will enter into a management agreement for the property. with the successful proposer, subject to specified conditions for the agreement as detailed in Section VIII. of this document. The term of the management agreement to be entered into between the successful proposer and the City of Miami shall be reasonably related to the financing strategy. The management agreement shall be structured to provide the City with a minimum guaranteed annual percentage of gross revenues. The successful proposer shall receive from the City the remaining percentage of gross revenues as payment for its management of the mausoleum facility and .the cemetery. — City -owned property is held in public trust and cannot be mortgaged, pledged, liened or subordinated in any way as a part of the management agreement. All property improvements shall revert to the City in fee simple and become the sole property of the City upon the expiration of the management agreement. 5� trinentf..rys i r-.r Yra Services such as police and fire protection, equal to those provided -any private development within the City of Miami, shall t provided by the City. All additional services ahall be the ,be responsibility of the developer. As required by subsection (e)(4) of Charter section 29 A, "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. ,r f . E. Execution of Contracts _ All contracts for Unified Development Projects shall be signed by - the City Manager or his duly authorized designee after approval - by the City Commission. All contracts will be negotiated by the = City administration with the successful proposer and include any and all terms, conditions and covenants as the City determines to - be in its best interest including without limitation: cancellation, default, indemnity, insurance, bonding, force majeure, condemnation, casualty loss, construction completion, - liquidated damages and/or other clauses. All contracts will be subject to the approval of the City Attorney as to legal form and - correctness, The provisions of the Charter Section 29-A(c) shall supersede any other Charter or Code provision to the contrary. - F. Right of Termination _ Any substantial increase in the City's commitment of funds, property, or services, or any material alteration of any contract awarded .for.Unified Development Projects 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. .G. Definition of Uses Proposals must include a definitive development program including _ phasing, if -any,- the financial strategy and a guaranteed time of - completion schedule that can be realistically evaluated under the requirements of this Request for Proposals to form the basis for selection by the City. fva PROPOSAL bmtoptaNT C MRATto"s Respondents to this invitation are advised that the following ti factor# must be considered and adhered to in the development of proposal d will be critically evaluated. � z A. lieu. eloomont,-Objective Proposals must meet the City's development objective seeking A productive commercial use of the site as a mausoleum facility including the provision to improve and maintain the adjacent 3 cemetery. The City's Unified Development objective may be " achieved by the proposal of a modern, dignified mausoleum facility in a tranquil setting, generating a significant financial return to the City, through a negotiated management agreement, while providing an improvement and maintenance program k. for the historic City Cemetery. 8, Use The proposed mausoleum facility shall be non-sectarian providing affordable above -ground burial in crypts and/or niches. The } development may include, as an ancillary use, a retail flower shop. on -site parking shall be provided. C. Site improvements A mausoleum structure must be constructed of a strong, resistant natural material that will provide a quality, low -maintenance building. Aesthetics of the development is of special concern, particularly the front and back facades, silhouette and overall height of structures, as well as the landscape treatment as viewed from both N.E. 19th Street and within the cemetery. The City expects the architecture to respect and be responsive to the surrounding area. Parking and service areas shall be organized, appropriately -- landscaped and screened from surrounding streets and adjacent property. Proposals shall include a compatible, safe and effective pedestrian and vehicular circulation system to service the proposed development. Funeral processions may only enter or exit the facility or cemetery from the west through N.E. Miami Court or N. Miami Avenue. All site improvements must comply with all applicable code requirements. All signage shall be reviewed and approved by the City of Miami. The property to be offered for development and management, Including all conditions, topsoil, subsoil and subterranean condition at the premises is presented was is". The successful eF,n a.,leIts, roar%nna4hIg% fnr 4-ha rramnvaI of anv hatardous material, waste or toxic substance stored or found an the property and any and all testing and inspections relative thereto, copies of the results of which will be tendered to the Department of Development and Housing Conservation. = b. Permit ti.inu_and Licensing The successful proposer shall be responsible for acquiring required permits, licenses and approvals from, including but limited to, the State of Florida, Metropolitan Dade County, the City of Miami. Although county and municipal cemeteries are exempt from -the M requirements of the "Florida Cemetery Act , Chapter 497, Florida Statutes, the applicable provisions of said Chapter shall apply: to all prospective proposers including, but not limited to, this following: _ (1) Proposer shall currently hold or must have previously held a license to operate a cemetery and mausoleum which license is or has been in good standing with the State of Florida, Department of Banking and Finance. (2) Proposer shall have a legal entity to operate a cemetery and mausoleum. (3) Proposer shall demonstrate to the satisfaction of the City, that he possesses the ability, experience, and financial stability, to operate a cemetery and mausoleum. (4) Proposer's general manager shall have, at minimum, one (1) year experience in cemetery and mausoleum experience and ability to operate a cemetery and mausoleum. (5) Proposer shall establish a care and maintenance trust fund containing not less than $25,000. Deposits in the trust fund shall be made at minimum in the amount of 10% of all payments received from sales of burial rights. Said fund shall be certified by, .a trust company, a state or national bank or a savings and loan association licensed in the state. Net income derived in the form of interest gained from the principal of said trust fund shall be used solely for the care and maintenance of the cemetery and mausoleum. (S) Proposers shall establish a preconstruction trust fund if plans are made to offer space for sale in sections of the mausoleum or cemetery prior to construction of said section. Said fund is to be managed in conformity with Section 497.029, F.S. The City makes no representations and has no analysis or information as to whether the project contemplated by this RFP is a .Development of Regional impact as defined by Fliq% S@dtidA- If a governmental agency determines that the project is subject to Development of Regional impact review and procedures for ,a, successor law or similar law), the successful proposer shall be solely responsible for applying for all authorizations and applications required by law, at the proposer's sole cost and expense E. Hstimated Construction cost A detailed construction cost estimate by use shall be furnished for the entire proposed development. If the development is to be constructed in phases, detailed costs for each phase shall be furnished separately. A general development and completion schedule including design, permitting, construction, completion and commencement of operation shall be submitted by the proposer. F. Project Financing Strategy The proposer shall provide financing for all building and site improvements, including improvements proposed at the adjacent. cemetery. Method of meeting maintenance and operational expenses associated with the proposed development and the cemetery shall be demonstrated. Letters of commitment or at minimum, letters of intent from reputable financial institutions shall be submitted by the proposer. G. Development Schedule Respondent shall submit a schedule delineating the proposed development including approximate dates that each significant improvement is expected to be completed. The timetable for completion of the proposed development shall be considered as a part of the evaluation process. All proposed development must be completed within an initial specified time period; or if phased development is proposed, a phased schedule shall be submitted. The successful proposer must post a bond to insure that additional phases will, in fact, take place as planned. H. Method of Operation The operation of the entire proposed development shall be described. The description shall include an organizational chart, job descriptions of key positions, brief outline of 0 f 12 90-- 531 r 2k a ti)h operating procedutest how and where the development will .be advertised, indication if the flower establishment# if any,rs intended to be operated by the proposer or subleased or operated under a manage nt contracts if independent management 06tvices are to be involved# then the applicable Professional tnformatift k porms included in Exhibit II of this document must be cotpletd by the management contractor(s). The operation and maintenance of the City of Miami Cemetery be described including proposed improvements, if any. description shall be in the manner set forth in, the paragraph6 j shall �d- Tha � abdve A percentage of gross revenues shall constitute the successful proposer's management fee. The remaining percentage shall be }3' guaranteed by the proposer and retained by the City. Ali rat prospective proposers shall offer the actual percentages as part of their proposal to the City. I. Minority Participation i Respondents will be required to comply with all applicable federal, state and local affirmative action legislation and, regulations, including City of Miami Ordinance No. 10062 as amended by Ordinance No. 10538 (refer to Appendix B). Minorities are expected to be an integral part of the proposing entity, the development team, participate substantially in construction contract and jobs, and comprise a significant part of the permanent management team, as well as the work force created by the development. Minority/female participation shall be evaluated based upon the percentage of equity investment, the number of firms/individuals in the team, the projected contracts/subcontracts during construction and projected goals for leasing and management by minority/female businesses. For the purpose of proposal evaluation, significant minority participation shall be defined as 17% black, 17% hispanic, and 17% female. J. Contract Terms Section VIII. provides numerous contract terms and conditions that the proposer must consider when making a proposal. Proposers shall provide specific suggested clauses for inclusion into the contract with the City. Various standard City clauses are included in Section VIII. and must be adhered to. The eventual contract negotiated between the successful proposer and the City may incorporate any other terms, conditions and benefits for the City that the City, in its judgement, may seek the oontract will be a*ecuted by the City Manager after it 16 approved by the City Commission and be subject to approval, as to u legal form and 00trectnesa, by the City Attorney and, as to insurance requirements; by the insurance Manager of the City of Miami Proposals submitted in response to this invitation shall include the following information: k A. Credentials } sbb 1. identity of proposer, including the development team's organizational structure, presented in graphic form, and the S fi. names, affiliation and addresses of principals (including any and all general partners, stockholders owning 5% or more of the stock, the president, vice-president, etc.) 2. Proposer's experience in development, operation and management of mausoleums and cemeteries, referencing specific projects by name, date and location and proposer's role in such projects. 3. Complete and substantiated evidence of proposer's financial capacity to undertake all aspects of the project proposed including financial statements for each principal of the proposer entity. 4. Development team's professional qualifications and experience in design, and construction of mausoleum and cemetery facilities. 5. Development team's professional qualifications in operations - and management of mausoleum and cemetery facilities as - evidenced by a current or previously held license in good - standing from the State of Florida Department of Banking and Finance. The development team is hereby defined as being comprised of the proposer entity and its professional consultants. The proposer - entity and the professional consultants possessing the required expertise may be provided from one firm constituting all the - required expertise or.may be provided from among several firms constituting all the required expertise. Subconsultants may submit on more than one team, however, the proposer entity or its = principal(s) and prime professional consultants shall only submit as part of one submission and shall not be the proposer entity or _ its principal(s) and prime consultants in any other submission. The proposer entity responding to this invitation shall possess ability to obtain adequate financing for all aspects of the - project. 14 90- 531 r g p r M1 »xe'�_. lam_"f i The development team assembled ahaili, at minimums demonstrate following disciplines: 1 At Ch itiedtUral 9 shall be registered to practice architecture las required by FS Chapter 481 Part • irlthe State of Florida Architecture; 2. Landscape Architecturalt shall be registered to practift la,fidscapo architecture in the State of Florida as raquiried by. PS Chapter 481,*Part 11, Landscape Architecture; 3, Engineering: shall be registered to practice engineering In the State of Florida as required by VS- Chapter 4710 Professional Engineers; 4. General Contracting or Construction Management: shall be licensed as a general contractor in the State of Florida or Dade'County and possess a Certificate of Competency; So operations: shall have at least one year experience in operating a cemetery and mausoleum. 6, Managements shall have at least one year experience in J i. management of cemeteries and mausoleums. B. Project Proposal T 1. Development Plan: Description of all aspects of the plan Overall site development and use, square footage, height Flower Shop commercial entity square footage, if"any Number of on -site parking spaces required by use Design features of the development Methods of construction Schedule of construction Listing and description of project amenities for subject property and City Cemetery 2. Illustrative Drawings Zoo (Shall be prepared by a registered architect licensed to practice in Florida and shall be board -mounted not to exceed 71 301 x 401.) Illustrative site plan Elevations, sections and floor plans of proposed structures While perspective isometric illustrations are not required,, submissions will be accepted for review. No model shall be ,accepted for review. However, a model may, at the discretion 90- 531; W-i use ;. of the proposer, be used during public hearings and fileting fe 1 only,. 1. Project financing strategy detailing the source and structure, including the specific percentage of debt and equity. 4. Pro -forma statement of anticipated project income and expenses projected over the proposed contract term and by #- - i 1 din maintenance ex enses at the City Cemetery. - 5. proposed contract term= the proposed management fee and the minimum annual guaranteed payment to the City as percentages of gross revenues. indicate City annual payment commencement date. 6. Project development schedule including all steps of planning and design, permitting, construction and commencement of operations. x 7. Total project cost estimate including "soft -costs" (i.e. permitting, architectural and engineering fees, financing) and a detailed construction cost estimate by use including . demolition and all site improvements. 8. Management plan for the subject property and the maintenance responsibilities of the City Cemetery, C. Additional Requirements 1. Completed Declaration, Financial Disclosure and Professional Information forms as detailed and included in Exhibit II. 2. A response to all applicable aspects of the contract Terms and Conditions as detailed in Section VIII. of this document. 3. Letters from reputable financial institutions documenting the proposer's ability to finance all aspects of the proposed development. 4. Complete and substantiated financial statements for the proposer, owner -corporations of proposer, and any person or business entity, who is a principal as defined hereinr. guaranteeing the performance of the proposer. 5. Letters indicating.the proposer's ability to obtain required bonds and insurance. 6. Evidence of minority participation in accordance with the City of Miami Minority/Women Business Affairs and Procurement Program Ordinance No. 10538. 7. Copy of current or previously held license to operate a cemeterv. - - .N +Materialh other than those specified within section v a& herein& shall not be considered and shall not be submitted& No Mbt:#rial or=aubstat�tial additions i modifications or substitutions ahail"be ' rude to the proposals subsequent to the submission deadline. Vq . PROPOSAL SM4188108 PROCROMS A complete proposal submission package shall consist of one original and nine (9) copies of bound proposals in an 0.1/2" 11" format and one (1) set of board -mounted illustrations not to exceed 30" x W. ,s Proposal submissions trust be marked: t� t x, Unified Development Project Proposal for the Property Adjacent to the City of Miami Cemetery r{ Proposal submissions must be received at: office of the City Clerk City of Miami, City Hall (First Floor Counter) 3 3500 Pan American Drive Miami, Florida 33133 - A complete proposal submission package shall be submitted by: 2:00 p.m. Friday, October 26, 1990 Proposal submissions must be accompanied by: A non-refundable cashiers or certified _ bank check in the amount of $2,500 - made payable to the City of Hiami. Exhibit Il. includes forms that must be submitted as part of the _ development proposal submission. The time deadline and location - will be strictly adhered to by the City of Miami. No proposals shall be received after 2:00 p.m., October 26, 1990 or at any other City office location, other than at the City Clerk's Office counter. Funds received from non-refundable cashier's checksare intended _ to cover actual expenses for advertising, printing, and mailing incurred by the City in preparing and issuing this Request for Proposals document. Expenses incurred in evaluating proposals, in excess of the application fees collected, shall be reimbursed to the City by the successful proposer upon execution of a - management agreement. 30- 53,1 17 t i e T Review procedures and the selection process are set by City Charter and Code which is included in Appendix A of this 'p _ document f The City of Miami Commission, consisting of five elected officials, including the Mayor, will select the successful proposer based on the recommendation of the City Manager, subject to the limitations, reservations and conditions contained in Section 19-A(c) of ' the city of Miami Charter and in this RPP. At a public hearing held July 12, 1990 the City Commission authorized the City Manager to issue this Request for Proposals and appointed a review committee from recommendations submitted by the City Manager and further selected a certified public accounting (CPA) firm, both to evaluate responsive proposals. t 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, some or none of the proposals if it deems them not to be in the best interest of the City of Miami. However, the committee shall have to explain its reasons for a decision not to recommend any proposals. A. Initial Review _of_Proposals for Compliance to the Request for I Proposals Proposals shall be reviewed initially by City staff for compliance to all requirements set forth in this Request for Proposals. Each proposal shall be checked to ensure that: 1. The development teams comprise the required professional expertise (refer to Section V.A.); 2. All forms have been completed for the entire development team (refer to Section, V.C.) ; 3. The architectural, landscape architectural, and engineering professional consultants are currently registered to practice in the State of Florida in accordance with Chapter 481, Part I; FS Chapter 481, Part II; and FS Chapter 471, respectively, and general contracting or construction management firm is currently licensed to practice in the State of Florida or Dade County and possesses a Certificate of Competency; the Joint -� Venture participants of the proposer's team, if any, have the J� licenses or permits that may be required by any government j agency or professional regulations board; and the management =i consultant holds or previously held a license to operate a cemetery, from the State of Florida Department of Banking and I Finance. 1 ' 18 90 531 —I 4. A11 project proposal elsments listed in Section V. have been included in the pro►osal submission. The required number of copies and one original of d-m6unted illustfati�re drawings, and the a 4 z proposal, the boar $ r500 non-refundable cashiers chock have been received by locations the deadline +fate rind time and at the correct Proposals fa ilin'g to meet any of those reclui r entO tana may by a decision of the City g and deterrtrined nonrespon$ive eliminated from any further consideration. �. Review Committee Evaluation The following specific evaluation criteria matrix shall be used in responsive proposals: by the Review Committee evaluating Experience of the proposer ........................15$ .� Capability of the development team................15% Financial capability, level of financial commitment..................s.....................20$ Financial return to the City.., .. *4966696*66606,.20% Overall project design............................20% Extent of minority participation ..................108 rm to the Proposers are encouraged which will be their proposals utilized by the Review committee following factors committee in evaluating the proposals: 1. Experience of the Proposer (15%) (a) Qualifications and capability of the proposer (b) Specific experience of the proposer in development, operations and management of cemeteries and mausoleums. (c) Past performance record and relationship with former clients 2. Capability of the Development Team (15%) (a) Qualifications and experianceof team members professional consultants, project managers, (b) Specific capability and range of per a ce sufficient in to scope, complexity and adequacy successfully undertake and complete this project (c) Past performance in project administration and in cooperation with former clients 19 90- V. �f (d) Ability to fleet time schedules and budgets (e) Ouslity and organisation of management team (f) Method of providing operations and maintenance 3. Vinarncial Capabilityt Level of Financial Commitment(204) (a) Demonstrated financial capability of the proposer to r successfully undertake and complete this project (b) Proposers prior track record of financing projects ' comparable in magnitude and scope deemed sufficient to successfully finance this project (c) Financing strategy y` (d) Access to construction and permanent financing (e) Development schedule/Construction schedule 4. Financial Return to the City (20%) (a) Contract Term (b) The proposed management fee and the minimum annual guaranteed payment to the City as percentages of gross revenues. (c) Dollar value and extent of capital improvements at the subject property. (d) Dollar value of maintenance responsibilities and extent of capital improvements at the City Cemetery. (e) Any additional financial benefit to the City _ 5. Overall Project Design (20%) (a) Fulfillment of the City's established development objective (b) Efficiency of site design and organization, compatibility of uses a { f F 5_ .5;-. ryW zf te) 10891hative and creative treatment of architectural and site design of public access to and design of Publit spaces# exterior spaces# circulation# lafidadapingt graphics, signage, and lighting �) Compliance with all applicable code requirements 'ts 6r Extent bf'Minority Participation (10%) (a) Minority equity participation (b) 'Minority participation within the development and management team (c) Contracting and hiring practices during construction (d) Opportunities for minorities, hiring outreach and training opportunities in relation to management, leasing, operation and maintenance of the'facility. C. CPA Pirm Evaluation Criteria The certified public accounting firm selected by the City Commission will analyze each responsive proposal submission independent of the evaluation conducted by the review committee. The accounting firm will make its preliminary findings available to the review committee prior to the committee concluding its deliberations. Specifically, the certified public accounting firm will evaluate the financial viability of the proposer, the viability of the proposed financing strategy, source and structure; and will assess comparatively the short and long range economic and fiscal return to the City. The CPA firm will render an independent report of its findings to the City Manager. virr. TERNS AND'CONDITIONS TO BE CONSIDERED IN THE MANAGEMENT AGREEMENT Upon authorization of the City Commission, the City Manager or his designee shall negotiate all aspects of 'a contractual agreement -including planning and design, construction and management, with the successful proposer. 1 The contract shall address, but not be limited to,. the following terms and conditions; = 1. Term A contract term reasonably a ly related to the financing strategy.. 21Q �J;3. 2. management pee/Annual Payment A percentage of gross revenues shall constitute the successful proposers management fee. The remaining percentage shall be guaranteed by the proposer and retained by the City. Payment schedules Might , to _audit Submissions of audited statements No counterclaim or abatement of minimum payment for any reason including force majeure Interest charges 3. insurance Certificates of insurance: Evidence of compliance with the insurance requirements shall be filed with the Claims Division of the City of Miami prior to execution of the management agreement. Such insurance shall be subject to the approval of, the Insurance Manager. New certificates shall be provided at least thirty (30) days prior to coverage renewal dates thereafter. While the City will normally accept the certificate as evidence of compliance,- the successful provider shall agree that upon request of the City that one (1) copy of the applicable policies will be delivered within ten (10) days to the City. All policies of insurance must be written with companies authorized to transact business in the State of Florida and are 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. Compliance with the insurance requirements shall not relieve - the successful proposer of its liability and obligations under this section or under any other portion of the management agreement. The successful 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 agreement, to waive subrogation, against the City, to expand coverage as required herein, and to provide that. any failure of the successful proposer to comply.with any policy provisions will not void - coverage for the City. Where Applicable, the successful proposers' policies shall be — endorsed to include a severality of interest (cross - liability) provision so that the City will be treated as if a 22 90- 53 . t L1 - t^SI y W . `N separate policy were its existence without increasing the policy limits of liability. The insurance requirements contained in this proposal represent minimum amounts of insurance which in the opinion of the City are necessary to protect the City'a interact. They are not intended nor in any way represent the type or amounts of insurance that are sufficient or adequate to protect the successful proposers' interest, it at any time the City feels that insurance requirements imposed upon the successful 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. Property Coverage: The successful proposer will be expected to purchase insurance to cover all risks of loss including flood coverage, to the buildings/structures and personal property to be build on the premises, on a replacement cost basis, with co-insurance waived by an agreed amount endorsement. The policy or policies of insurance may contain a deductible which must be approved in advance by the City. All builders's risk policy during construction shall be purchase by the successful proposer. Workers' Compensation: The successful proposer will be responsible for securing workers' compensation insurance for statutory obligations imposed by the workers' compensation laws of the State of Florida and where applicable, the United States Longshoremen's and Harbor Workers Act, the Federal Employees Liability Act, and the Jones Act. General Liability: The successful proposer will be expected to purchase and maintain in force during the term of this agreement general liability insurance coverage on the comprehensive general liability form. The successful proposer will be expected to maintain a minimum of a combined single limit of two (2) 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. The comprehensive general liability insurance is expected to include in addition to premises and operation coverage, products and completed operations coverage, broad form x _ property damage liability, independent contractors coverage, personal injury liability coverage, and contractual liability covering the liabilities assumed by this agreement. Excess umbrella Liability: The limits of liability required by this section may be satisfied by a combination of underlying and umbrella/ezcens 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. 4. Performance and Payment Bond Payments and performance bonds complying with 255.05, Florida Statutes (1987), issued by Florida licensed surety companies and subject to the Insurance Manager and City httorney's approval must be furnished by the successful proposer. Prior to commencement of construction on the property by the successful proposer, the successful proposer shall furnish the City with a performance and payment bond in an amount to be specified to insure that the Contractor 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 management 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 contractor under the management agreement.. The bond shall be in an amount closely to cost of construction and subject to the approval of the City Insurance Manager and City Attorney and comply with Section 255.05, Florida Statutes (1987). 5. Indemnification The successful proposer covenants and agrees that it shall indemnify, hold harmless, and defend the City, its officials and employees, from and against any and all claims, suits, action, damages or causes of action arising during the term of the management agreement for any personal injury, breach of contract, negligence, inadvertence, construction claims, defects, losses, delays, stoppages and/or defects and/or mistakes, loss of life, or damage or loss to property and all actions arising, in tort or in contract in law or equity, by virtue of the agreement granted, sustained in or about the premises, or any violation of a law, covenant, restriction, rule or regulation or any claim or suit of any nature arising from proposer's use of the property, by reason of or as a result of the proposer's occupancy and use thereof, acts or omissions to act, from the acts or omissions to act of the 24 1 94— i City# and will indemnify, pay and discharge from and against any—orderal.I.Judgiaents or degrees which may be entered thereon, and from, and against ail costs, attorneys fees (inclbdin4 appellate fees), ekpenaes send liabilities incurred in and about the defense of any such claim and the investigation thereof. The independent and separate consideration for thia indemnity is the award of this contracts 6. Assignment No assignment of the agreement or sub -contract or any interest therein, or any portion or part thereof, shall be allowed except by and virtue of prior, formal approval granted by the City Commission, in their sole discretion, who may in relying upon their consideration of the skill, integrity, reputation and ability, financial acumen of the proposed assignee and may unreasonably withhold their consent. 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 Progress Reports Payment of Contractors and Supplies Cancellation or Discharge of Liens Filed Construction Coordination and Cooperation 9. Preparation of Premises for Development Property offered "as is" Developer assurance The City expressly. disclaims any express warranty or implied warranty of merchantability or fitness for a particular purpose as to such site and/or property 10. Operation and Management of Premises Description of premises Operation and maintenance standards of subject property and cemetery 25 90— 531 5 ;t M, +'I l #} 1l& tquity Capital and Mortgage Financing Tr lifficient Funds to Construct Improvements x , Notifiaation of Securing Suffidient Funds onttaotor to Furnish Name and Address of Mortgagee } -Contractor to .Notify City of Other Encumbrances �= Eights and. Duties of Mortgagee No mortgaging, lien, pledged of underlying land..owned by City — 12. Public Charges/Fees/Taxes Covenant for Payment of Public Charges �w ; Evidence of Payment of Public Charges ,t utilities: The successful proposer shall pay for all utilities consumed t on the premises as well as any connection and installation charges thereof Taxes: The successful proposer shall pay any and all taxes that may be assessed on the property and/or the improvements thereon by any governmental agency. Sales Tax: The successful proposer shall pay sales tax on the annual guaranteed payment amount to the City 13. Maintenance, Repair and Replacement Maintenance and Repair Reserve for Replacements Waste Alterations of Improvements 14. Condemnation Adjustment of Payment Proration of Condemnation Awards Partial Taking Temporary Taking Award Taking Definition of Taking 15. Default - Termination Default by Contractor Events and Acts of Default Default by City Obligations, Rights and Remedies Cumulative Acceleration by City of Payments 26 T 90 4 t a 4 1 rl, v t i y Non -Action or Failure to Observe provisions Hereof fth=PerforManCe bue to Causes Beyond Control of parties urtender of Premises Ownerahip of Equipment and Furnishings on Termination Party In Position of Surety And insurance Company Respect to.bbligatons Remedies upon Defaults City's Right to Reenter and Premises 16. Examination ofpremises With Retake The successful proposer agrees to 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 successful proposer's duties and obligations hereunder or in the exercise of its rights or functions. 17. Audit Rights The City reserves the right to audit, inspect, copy, the books and records of the successful proposer with respect to the agreement and proposers operations relating thereto, at any time upon reasonable notice during the performance of the agreement. 16. Award of Agreement The successful proposer warrants that it has not employed or retained any person employed by the City to solicit or secure the 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 management agreement. 19. Conflict of Interest The successful proposer is aware of the conflict of interest laws of the City of Miami, Dade County, Florida, and the Florida Statutes, and agrees that it will fully comply in all respects with the terms of such laws. Any such interests on the part of the successful proposer or its employees must be disclosed in writing to the City. The successful proposer, in the performance of the agreement, shall be subject to the more restrictive laws regarding conflict of interest promulgated by federal, state or local government, as applicable. 27 { s 90 531 .. 21). RonDiscrimination 4 The successful proposer agrees that there will be no discriMinati+bn against any person on account of race, color, sex, religious creed, ancestry, national origin, mental or £: phyaioal handicap in the use of the demised premises and the improvomenta thereon. x, 21� Rules and Regulations The successful "proposer agrees that it will abide by any and 3 all ordinances# resolutions, rules and regulations pertaining to the use of the premises which are now in effect, or which may at any time during the term of the agreement be X, promulgated by the City. 22. Compliance with Federal, State and Local Laws The successful proposer shall comply with all applicable laws, ordinances and codes of federal, state and local governments. 23. Minority Procurement Compliance The successful proposer acknowledges that it has been furnished a copy of ordinance No. 10538, the Minority/Women Business Affairs and Procurement Program ordinance of the k} City of Miami, (Appendix "B") and agrees to comply with all applicable substantive and procedural provisions therein, �L including any amendments thereto. 24. Miscellaneous As applicable 28 M 0: . ROM CITY CAP MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Honorable Mayor and Members of the City Commission C Aar.H. Odio Cit ►"anager DATE : JUL ' 3 1990 FILE SUBJECT : Resolution Authorising issuance. of UDP/RFP fo Property Adjacent to REFERENCES : City Cemetery For July 120 1990 City EWLOWAES : Commission Meeting " ..r.■■srrrrr■r _. ■ UCoPMEDATxoN: 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 250 1990,-'in substantially the form attached, •for the Unified Development of mausoleum use on approximately .85 acres' of City -owned -property located between North Miami Avenue and Northeast 2nd Avenue on Northeast 19th Street, adjacent to the City of. Miami Cemetery:,, 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 a t Code.. BACIKG ROUND: • The` Department. of Development recommends that at the conclusion of the Public Hearing, 'for the Unified Development of the Property adjacent to the City of Miami Cemetery; the City. Commission authorize the issuance of a RFP, which includes provisions for the improvement and maintenance of the Cemetery; 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 Unif•f.ed .Development Project. 4n April 26,. 1990 by'Resolution No. 90-0320, the City Commission determined that ••for the .development of mausoleum use :•on " approximately .85 acres .of City -owned property, located-be°taee4 North Miami Avenue and Northeast 2nd Avenue - on Northeast. loth Street adjacent to the City. of Miami Cemetery, -it is " M4st advantageous for the City to use the Unified Development Project process. Pursuant, to' the aforementioned Resolution, it was- 46termi'ne4 that. #or the- development of these improvements, the -City procurq� €rola' t the private sector an. integrated package that includes plaaniag. design, construction', leae,ing.and mana8ement. : a Due to the nature of the proposed P Project, the City of, Miem,�, Commission approved a Resolution . on June 28, 1990 gmendig,.; 'µ d. [ - r f $ - .k: . - 1 7.. �F a t i - Honorable Mayor and 1.A - Mlembers.of the City Commission ` Page 2 Resolution No. 90-0320 thereby providing that leasing not be Ay included and that the City procure from a private person the=; following integrated package: Planning and design, construction, and management. .f 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 has been set for .,the July 12, 1990, City Commission Meeting at 11:00 a.m. and has been duly advertised. At the,.conclusion of this Public Hearing, the City Commission, if disposed to proceed, authorises the issuance of a RFP for this UDP, selects a certified public. accounting firm- and appoints members to a review committee to evaluate proposals and render, a written report to the City Manager. t The certified public accounting team composed of the hispanic-, owned firm of Jordan._, Abella and Company and. the female -owned firm of Aida E. Briele 6 Associates, is recommended as the CPA firm for this project. This firm was ranked as•aumber one out of a total of five submissions of 'qualifications .received and evaluated by the City. } �A The following individuals, three representatives of the public and two 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 -s City Manager: MEMBERS OF THE PUBLIC t ti Lester Goldstein Attorney at Law• - Temple Israel of .Greater ,Miaiai i Della L•. •Hatch Planner Dade County Public Schools �. Darwin Gearhart Chairman Funeral. Services Depa�ttatent ; Miami. Dade Community College ,. 5 90 igF1 iS'1 _tZ yy y a +'S5:Z4'.s,...,r:: SP p�4-+'t?1r'�,'�lN.�•4P'Y F • .t rvs VY �f .,M i § Honorable Mayor and ` Members of.the City Commission { Page 3 CITY EMPLOYEES Ana Celabert Architect/Landscape Architect Planning Department Albert Ruder Director Parks, Recreation 6 Public Facilities Department The' anticipated Unified Development Project schedule for the Property adjacent to the City of Miami Cemetery is as follows: Issuance of Request for Proposals July 26, 1990 Proposal Pre —Submission Conference August 9, 1990 Location: Dept. of Development 10:00'a.m. 300 Biscayne Blvd. Way — Suite 400 - Miami, Florida Proposal Submission Deadline October 26, 1990 Location: Office of the City Clerk 2:00 p.m. n" u Miami City Hall 3500 Pan American Drive Miami, Florida ., CPA Firm Evaluation of Proposals November 1990-January 1991 .Review Committee Meetings November 1990—January 1991 Review Committee Interviews 'r with Qualified Proposers January, 1991 Recommendation from the Review Committee and CPA Firm to the City Managar February,•'1991 _ Ra'aostmendation from the City Manager •, to the City Commission for j Selection of a Proposer March, '1991. It is recommended that the -attached Resolution be adopted, 'to Its entirety, authorizing' the RFP be issued on July 268'' 1990 with proposals due October 26 1990.op Attachments: �} Proposed Resolution Draft .RFP s as 2 90 4c r ;1