HomeMy WebLinkAboutR-89-0658J-89-655
7/13/89
RESOLUTION NO. R9_r'')R
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING
THE ISSUANCE OF A REQUEST FOR PROPOSALS (RFP)
ON AUGUST 1, 1989, IN SUBSTANTIALLY THE FORM
ATTACHED, FOR THE UNIFIED DEVELOPMENT OF A
MIXED -USE COMMERCIAL PROJECT, ON CITY -OWNED
PROPERTY LOCATED WITHIN THE CIVIC CENTER AREA
AT 1145 N.W. 11 STREET, MORE COMMONLY KNOWN
AS THE "MUNICIPAL JUSTICE BUILDING PROPERTY";
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 June 7, 1989, by Resolution No. 89-515, the City
Commission determined that for the development of general
commercial uses, on City -owned property having a street address
of 1145 N.W. 11 Street, Miami, more commonly known as the
"Municipal Justice Building Property", it is most advantageous
for the City to use the UDP process; and
WHEREAS, 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 aforementioned Resolution a public
hearing is being held on .July 13, 1989 at 11:00 a.m. to consider
the contents of said RFP for a UDP on this site; and
WHEREAS, Charter Section 29-A(c) further authorizes at the
conclusion of the public hearing, if the City Commission is
disposed to proceed, it may authorize the issuance of a RFP, the
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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 August 1, 1989, in substantially the
form attached, for the Unified Development of a mixed -use
commercial project on City -owned property having a street address
of 1145 N.W. 11 Street, Miami, more commonly known as the
"Municipal Justice Building Property" and more particularly
described in the RFP.
Section 2. Said Unified Development project will include
the following integrated package:
- Planning and design, construction, leasing and
management.
Section 3. The certified public accounting firm of Arthur
Young and Company in association with Jordan, Abella and Company,
is hereby selected to analyze said proposals and render a written
report of its findings to the City Manager.
Section 4. The following seven individuals are hereby
appointed members of the review committee to evaluate each
proposal and render a written evaluation of its findings to the
City Manager, including any minority opinions:
MEMBERS OF THE PUBLIC
Jose A. Alvarado, Chief Executive Officer,
AIBC Financial Corporation
Roger Mourant, Consultant,
Real Estate, Finance, Banking
Craig Stark, AIA
Craig Stark Associates
Pat Stoker, Member
Spring Garden Civic Association
CITY EMPLOYEES
Waldermar Lee, Assistant City Manager,
City Manager's Office
j Jeffrey Watson, Financial Development Coordinator
I' Department of Development
Elbert L. Waters, Assistant Director,
Planning Department
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Section 5. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 13th day of July ,1989.
AVIER L. S AR , MAYO
ATTEST:
91-MY-HIRAI, CITY CLERK
PREPARED AND APPROVED BY:
01
RAFAEL SUAREZ—RIVAS
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND
CORRECTNESS:
JO GE FE NANDEZ
CITY ATTORN Y
REQUEST FOR UNIFIED DEVELOPMENT PROPOSALS
FOR THE
MUNICIPAL JUSTICE BUILDING PROPERTY
1145 N.W. 11 STREET
MIAMI, FLORIDA
TO BE ISSUED: AUGUST 1. 1989
CITY OF MIAMI
Xavier L. Suarez, Mayor
Victor H. De Yurre, Vice Mayor
Miller J. Dawkins, Commissioner
J. L. Plummer, Commnissioner
Athalie Range, Commissioner
Cesar H. Odio, City Manager
Prepared by:
Department of Development
300 Biscayne Boulevard Way
Suite 400
Miami, Florida 33131
Tel. (305) 579-3366
Proposal Submissions Due: 2:00 p.m., Friday, November 10, 1989
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TABLE OF CONTENTS
Page
I. PUBLIC NOTICE ............................... ........... I
Ii. OVERVIEW
A. Summary .......................... ................2
B. Project Location and Characteristics..............2
Figure 1. Regional Location Map..................3
Figure 2. Area Location Map ............ 0.........
4
C. Site Description..................................5
Figure 3. Project Location Map...................6
D. Appraised Value...................................7
E. Zoning............................................7
F. Existing Facilities Description...................8
G. Anticipated Unified Development Schedule .......... 8
III. UNIFIED DEVELOPMENT PROCESS LEGAL REQUIREMENTS
A. Unified Development Projects......................9
B. Commitment of Funds..* ...
C. Commitment of Property ............................12
D. Commitment of Services ............................13
E. Execution of Contracts. ... ....... #................13
F. Right of Termination..............................13
G. Definition of Uses...............................613
IV. PROPOSAL DEVELOPMENT CONSIDERATIONS
A. Development Objective .............................14
B. Use...............................................14
C. Site Improvements.................................14
D. Permitting........................................15
E. Estimated Construction Cost.......................15
F. Project Financing Strategy ........................15
_ G. Development Schedule..............................15
H. Method of Operation...............................15
I. Minority Participation ............................16
J. Contract Terms....................................16
V. PROPOSAL FORMAT
A. Credentials.......................................16
B. Project Proposal., ... so* ............... 0 .... eels
C. Additional Requirements ...........................19
=j VI. PROPOSAL SUBMISSION PROCEDURES ........................19
VII. EVALUATION CRITERIA
A. Initial Review....................................21
B. Review Committee Evaluation .......................21
C. CPA Firm Evaluation Criteria ......................23
VIII. TERMS AND CONDITIONS TO BE CONSIDERED
INTHE LEASE AGREEMENT .................. ........ 9... ..24
TABLE OF CONTENTS
(CONTINUED)
APPENDIX A. Pertinent Legislation
APPENDIX B. City of Miami Minority /Women business
Affairs and Procurement Program Ordinance No. 10538
APPENDIX C. Declaration, Financial Disclosure, Professional
Information and Minority Participation Forms
EXHIBIT I. Civic Center Secondary Development Area Economic
Analysis, Summary. prepared by Hammer, Siler
George Associates and Wallace, McHarg, Roberts and
Todd, 1978
EXHIBIT II. Sketch of Property Survey
EXHIBIT III. Legal Description
(NOTE: APPENDICES AND EXHIBITS NOT INCLUDED IN THIS DRAFT)
I. PUBLIC NOTICE
The City of Miami is inviting interested parties to submit
Unified Development Project proposals for the planning and
design, construction, leasing and management of the development
of an approximately 8-acre City -owned property, located within
the Civic Center Area at 1145 N.W. 11 Street, Miami, Florida.
The proposed mixed -use commercial development shall include
retail, service establishments and on -site parking and may
include other allowable uses such as hotel and office.
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, 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
Tuesday, August 15, 1989, 10:00 a.m., at the Department of
Development. While attendance at the Pre -Submission Conference
is not a condition for offering proposals, all prospective
proposers are invited to attend.
Proposals must be delivered to Matty Hirai, City Clerk, City
Hall,(First Floor Counter), 3500 Pan American Drive, Miami,
Florida 33133 by 2:00 p.m., Friday, November 10, 1989 and will be
publicly opened 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 dollar amount return
offered to the City, 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.
Cesar H. Odio
Adv. # City Manager
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11. OVERVIEW
A . Summary
The City of Miami is extending invitations to qualified and
experienced developers to submit proposals for the development of
an approximately 8-acre, City -owned site located at 1145 N.W. 11
Street, Miami, Florida, within the area known as the "Civic
Center." The City -owned property is commonly known as the
"Municipal Justice Building Property." The proposed mixed -use
commercial development shall include retail, service
establishments and on -site parking and may include other
allowable uses such as hotel and professional, and/or medical
offices.
On June 7, 1989, the City Commission adopted Resolution No. 89-
515 declaring that the most advantageous method to develop
certain improvements at the Municipal Justice Building Property
site 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,
leasing and management of this property.
On July 13, 1989, the City Commission adopted Resolution
No. which authorized the issuance of this Request for
Proposals, appointed a seven 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, leasing and management of proposed improvements.
The property, in public ownership by the City of Miami, is to be
redeveloped, leased, operated, managed and maintained by the
successful proposer under a long-term lease agreement with the
City.
B. Project Location and Characteristics
The Municipal Justice Building Property is located at the
southern edge of the Civic Center area. The Civic Center lies
within the City of Miami in the central portion of Dade County,
Florida, approximately 2 miles northwest of downtown Miami, as
shown in Figure 1. "Regional Location Map." As shown in Figure
2. "Area Location Map," the Civic Center is bounded on the north
by N.W. 20 Street, on the east by N.W. 7th Avenue, on the south
by the Miami River and on the West by N.W. 17th Avenue.
The Civic Center is the medical facilities, medical -related
services, and government -related institutional core and the
second largest employment center for the City of Miami. Major
facilities in this area include the Jackson Memorial/University
of Miami Medical Complex, Cedars Medical Center, Veterans
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MUNICIPAL JUSTICE BUILDING PROPERTY
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Administration Hospital, Miami Dade Community College Medical
Center Campus, Lindsey Hopkins Educational Center and numerous
other state, county and city buildings and facilities.
Improvements in the Civic Center area include a pedestrian mail
along N.W. 10 Avenue between N.W. 14 and 19 Terraces and a new
north -south avenue named "Bob Hope" Drive along N.W. 9 Avenue.
The Municipal Justice Building Property site is accessible to
N.W. 12th Avenue from N.W. 11 Street. N.W. 12th Avenue is the
Civic Center's major north -south arterial which links directly to
SR-836 Airport Expressway. Miami International Airport is an
approximate 5-minute ride by automobile to the west. The project
site lies midway between the Civic Center Metrorail Station at
12th Avenue and the Culmer Metrorail Station at llth Street and
N.W. 7th Avenue. Access to and across the Miami River is to the
south from the 12th Avenue Bridge.
A 182-room, 12-story Holiday Inn hotel lies directly south of the
Municipal Justice Building Property along the river. The Spring
Garden residential neighborhood lies immediately south and east
of the project site.
The adjoining Spring Garden neighborhood is one of the older
residential areas of the City of Miami. The residential
properties in the area, most of which are owner -occupied, range
from five (5) to seventy (70) years in age and in value from
approximately $40,000 to $150,000. Significant factors
supporting the stability of this neighborhood are its location
and access to and from other parts of Dade County, as well as its
proximity to two Metrorail stations.
Included as Exhibit I is a summary of an economic analysis
conducted for the Civic Center Area.
C. Site Description
The Municipal Justice Building Property is located at 1145 N.W.
= 11 Street, as shown in Figure 3. "Project Location Map." The
property is bounded by Wagner Creek (a 25 ft. wide drainage
canal), SR-836 Airport Expressway on the north, N.W. 12 Avenue on
the west, the Miami -Dade Water and Sewer Authority facility on
the east, and N.W. 11 Street on the south.
The 7.96 acre (346,738 sq.ft.) tract is an irregularly shaped,
square land parcel. Its irregular shape is mainly due to the
angle frontage on the SR-836 Expressway ramp and to the small
area at the northeast corner which lies adjacent to Wagner Creek.
The Metrorail track is approximately 25 ft. wide and runs
s generally along the eastern edge of the property 25 ft. above
ground elevation.
A triangular portion of the property located at the very corner
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of N.W. 12th Avenue and N.W. 11 Street is restricted by a County
Deed that conveyed this portion of the property to the City in
1980. The restricted parcel is approximately .85 acres or 37,026
sq.ft. The conveyance restricts the use of this area by the City
for general public purpose. The Parcel would revert to the
County in the event the City sells the property or utilizes it
for other than general public purpose. For the purpose of this
project, this restricted parcel shall not be included for
development of any improvements that cannot meet the definition
of public purpose. The developable size of the parcel offered
herein, is accordingly reduced by .85 acres. The area is,
however, included in the calculations for gross floor area.
A sketch of property survey and the property's legal description
are included as Exhibits II and III, respectively.
D. Appraised Value
The Municipal Justice Building Property was appraised in March
24, 1988, at an estimated land value of $5.8 million based on an
assumed toning change from GU/Government Use to OI/Office-
Institutional. The highest and best use was determined to be an
office complex consisting of medical, institutional and
professional offices. A second appraisal of the property
estimates its market value at $6.0 million as of March 29, 1988
based on toning other than government use, its highest and best
use being a multi -story office building or a mixed -use
_ hotel/motel and commercial offices development. (Note: The
property has been rezoned to CR/Commercial-Residential, as
discussed below.)
E. Zoning
The Municipal Justice Building Property has been rezoned from GU/
Governmental Use to CR-3/Commercial-Residential (General) with a
land use intensity sector of 7. ' Retail, offices, hotel, service
establishments and parking (surface and garages), as allowable
principal uses, are permitted generally in CR-3/7 districts.
Accessory or incidental uses are as may be allowed by the City of
Miami Zoning Ordinance.
In accordance with the City of Miami Zoning Ordinance Schedule of
District Regulations, in CR-3/7, for nonresidential uses, the
floor area ratio (FAR) is 1.72, the open space ratio (OSR) is
.64, the pedestrian open space ratio (POSR) is .28 and the
- parking ratio (PR) is 1/550 sq.ft. of gross floor area. For
specified residential uses, the applicable standard ratios
include a FAR of 1.72, the OSR is .68, the livability space ratio
(LSR) is .45, the recreation space ratio (RSR) is .12 and the
total car ratio (TCR) is 1.1.
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.
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For more detail of allowable uses and applicable requirements of
the CR 3/7 toning district, refer to the Schedule of District
Regulations and zoning text of the City of Miami Zoning
Ordinance, Department of Building and Zoning, 275 N.W. 2nd
Street, Miami, Florida.
F. Existing Facilities Description
Existing facilities on the property were built in 1950 and
formerly housed the City of Miami Police Department and Municipal
Court facility. Existing facilities include a total of 72,073
sq.ft. of space consisting of a main building comprised of two,
two-story sections and two detached smaller CBS structures.
The 64,111 sq.ft. main building is occupied by several City of
Miami departmental offices. The southernmost section of the main
building is leased to Dade County for use as an interim detention
facility on a month -to -month basis. One of the detached 5,555
sq.ft. structures is used by "Miami Bridge," as a teen crisis
center with teens in residence. The other 2,407 sq.ft. detached
structure is used by the City for record storage.
Other improvements to the property include a paved surface
parking lot of which a portion is metered. A sizeable portion of
the property is unimproved sodded land. For the purpose of this
project, it may be assumed that all existing facilities and
improvements to the site shall be demolished.
G. Anticipated Unified Development Schedule
Issuance of Request for Proposals
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 Hall
3500 Pan American Drive
Miami, Florida
CPA Firm Evaluation of Proposals
Review Committee Meeting
Review Committee Interviews
with Qualified Proposers
August 1, 1989
August 15, 1989
10: 00 a .m.
November 10, 1989
2:00 p.m.
November 1989-January 1990
November 1989-January 1990
January 1990
,
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
February 1990
March 1990
III. UNIFIED DEVELOPMENT PROCESS LEGAL REQUIREMENTS
A. Unified Development Projects
Charter Section 29-A r and Code Section 18-52.9 included in
Appendix A.)
The City of Miami Charter, Section 29 A(c), and Code Section
18.52.9 provides for Unified Development Projects as followss
Definition
Unified Development project shall mean a project where an
interest in real property is owned or is to be acquired by the
City, and is to be used for the development of improvements, and
where the Commission determines that for the development of said
improvements it is most advantageous to the City that the City
procure from a private person, as defined in the Code of the City
of Miami, one (1) 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.
So long as the person from whom the City procures one of the
above mentioned integrated packages provides all of the functions
listed for that package, such person need not ;provide each listed
function for the entire Unified Development project nor for the
same part of the Unified Development project.
Requirements of Request for Proposals
Request for proposals for Unified Development projects shall
generally define the nature of the uses the City is seeking for
the Unified Development Project and the estimated allocations of
land for each use. They shall also state the following:
(1) The specific parcel of land contemplated to be used or
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the geographic area the City desires to develop pursuant
to the Unified Development project.
(2) The specific evaluation criteria to be used by the below -
mentioned certified public accounting firm.
(3) The specific evaluation criteria to be used by the below -
mentioned review committee.
(4) The extent of the City's proposed commitment of funds,
property, and services.
(5) The definitions of the terms "substantial increase" and
"material alteration" that will apply to the project
pursuant to subsection (e)(4) hereof.
(6) A reservation of the right to reject all proposals and of
the right of termination referred to in sub -section
(e)(4), below.
Issuance of Request for Proposals; Selection
of C.P.A. Firm; Appointment of Review Committee
After public notice there shall be a public hearing at which the
Commission shall consider:
(1) The contents of the Request for Proposals for the subject
Unified Development project;
(2) The selection of a certified public accounting firm,
which shall include at least one member with previous
experience in the type of development in question;
(3) The recommendations of the City Manager for the
appointment of persons to serve on the review committee.
Said review committee shall consist of an appropriate
number of City officials or employees and an equal number -
plus one of members of the public, whose names shall be
submitted by the City Manager no fewer than five days
prior to the above mentioned public hearing. -
At the conclusion of the public hearing the Commission shall
authorize the issuance of a Request for Proposals, select a
certified public accounting firm, and appoint the members of the
review committee only from among the persons recommended by the
City Manager. -
Procedures for Selection of Proposals
The procedures for the selection of an integrated package
proposal shall be as follows:
(1) All proposals shall be analyzed by a certified public _
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accounting firm appointed by the Commission based only on
the evaluation criteria applicable to said certified
public accounting firm contained in the Request for
Proposals. Said certified public accounting firm shall
render a written report of its findings to the City
Manager.
(2) The review committee shall evaluate each proposal based
only on the evaluation criteria applicable to said review
committee contained in the Request for Proposals. Said
review committee shall render a written report to the
City Manager of its evaluation of each proposal,
including any minority opinions.
(3) Taking into consideration the findings of the
aforementioned certified public accounting firm and the
evaluations of the aforementioned review committee, the
City Manager shall recommend one or more of the proposals
for acceptance by the Commission, or alternatively, the
City Manager may recommend that all proposals be
rejected. If there are three or more proposals and the
City Manager recommends only one, or if he recommends
rejection of all proposals, the City Manager shall state
in writing the reasons for his recommendations.
In transmitting his recommendation or recommendations to the
Commission, the City Manager shall include the written reports,
including any minority opinions, rendered to him by the
aforementioned certified accounting firm and review committee.
(4) All contracts for Unified Development projects shall be
awarded to the person whose proposal is most advantageous
to the City, as determined by the Commission.
The Commission may accept any recommendation of the City Manager
by an affirmative vote of a majority of its members. In the -
event the Commission does not accept a proposal recommended by
the City Manager or does not reject all proposals, the Commission
shall seek recommendations directly from the aforementioned
review committee, which shall make a recommendation or
recommendations to the Commission taking into account the report
of the aforementioned certified public accounting firm and the
evaluation criteria specified for the review committee in the
Request for Proposals.
After receiving the direct recommendations of the review
committee, the Commission shall by an affirmative vote of a
majority of its members:
(1) Accept any recommendation of the review committee; or
(2) Accept any previous recommendation of the City Manager; or
(3) Reject all proposals.
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e. Commitment of Funds
I. City
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 provide equity and debt
Capital adequate to finance all aspects of the proposed Unified
Development of the property. The successful proposer is required
to provide the City with a minimum annual guaranteed payment to
be applied against a stated percentage of gross revenues. In the
event the stated percentage of gross revenues exceeds the minimum
guarantee, proposers shall make further payments against the
actual percentage of gross revenues. In no event shall payment
be less than the minimum annual guaranteed amount.
Proposals shall include adequate market and feasibility studies
to allow assessment and evaluation by the selected certified
public accounting firm as a part of the proposal review process
(refer to Section VI1.(C).
The successful proposer shall reimburse the City, at time of
execution of the negotiated lease agreement, 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 Propert
The property is offered by the City for lease "as is." 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 property lease agreement with the
successful proposer, subject to specified conditions for lease as
detailed in City Charter Section 29-B (refer to Section VIII.11
of this document). The term of the lease agreement to be entered
-j into between the successful proposer and the City of Miami shall `
be reasonably related to the financing strategy.
The lease agreement shall be structured to provide the City with
a minimum annual guaranteed payment to be applied against a
stated percentage of gross revenues. In the event the stated
_ percentage of gross revenues exceeds the minimum guarantee,
proposers shall make further payments against the actual
percentage of gross revenues. In no event shall payment be less
that the minimum annual guaranteed rental payment.
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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 revert to the City in fee simple
and become the sole property of the City upon the expiration of
the lease term.
D. Commitment of Services
Services such as police and fire protection, equal to those
provided any private development within the City of Miami, shall
be provided by the City. All additional services shall be the
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.
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 limitations
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, financial strategy, market and feasibility _
13
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 revert to the City in fee simple
and become the sole property of the City upon the expiration of
the lease term.
D. Commitment of Services
Services such as police and fire protection, equal to those
provided any private development within the City of Miami, shall
be provided by the City. All additional services shall be the
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.
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 limitations
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, financial strategy, market and feasibility
13
studies, 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.
IV. PROPOSAL DEVEWPMENT CONSIDERATIONS
Respondents to this invitation are advised that the following
factors must be considered and adhered to in the development of
proposals and will be critically evaluated.
A. Development Objective
Proposals must meet the City's development objective seeking the
most viable and productive commercial use of the site. The
City's Unified Development objective may be achieved by provision
of a feasible commercial project generating significant financial
return to the City, through a negotiated lease agreement, while
providing convenience retail and service facilities oriented and
scaled to serve needs within the surrounding residential and
medical -related community.
B. Use
The proposed commercial development shall include retail, service
establishments, and on -site parking. The development may
include, as a mixed -use project, uses permissible in CR-3 zoning
such as hotel and professional and/or medical offices. In the
event a mixed -use project is proposed, retail uses shall be at
ground level and accessible independently of other uses proposed.
C. Site Improvements
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.
All site improvements must comply
requirements and respect that portion
by deed (refer to Section II.C.). All
The property to be offered for lease, including all conditions,
topsoil, subsoil and subterranean condition at the premises is
presented "as is". Existing facilities shall be demolished by
the successful proposer. The successful proposer shall be solely
responsible for the removal of any hazardous material, waste or
toxic substance stored or found on 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.
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D. permitting
_ The successful proposer shall be responsible for acquiring all
required permits, licenses and approvals from, including but not
limited to the State of Florida, Metropolitan Dade County, and
the City of Miami.
E. Estimated 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. Also, a general development schedule
including design, construction, 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 demolition, construction of public spaces
and amenities associated with the development.
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 will 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
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 Professional Information Forms included in Appendix C
of this document must be completed by management contractors.
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I. Minority Participation
Respondents will be required to comply with all applicable
federal, state and local affirmative action legislation and
regulations, including City of Miami Ordinance No. 10538 (refer
to Appendix 8).
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 all businesses and
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, ownership and/or facility management
for 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 lease 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
to include by way of negotiation.
The contract will be executed by the City Manager after it is
approved by the City Commission and be subject to approval, as to
legal form and correctness, by the City Attorney and, as to
insurance requirements, by the Insurance Manager of the City of
Miami.
V. PROPOSAL FORMAT
Proposals submitted in response to this invitation shall include
the following information:
_ A. Credentials
1. Identityof proposer, including the development team s
organizational structure, presetiLed in yralAiie Lorin, and the
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.)
16
2. Proposer's experience in development, operation and management
of specific types of uses proposed, 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.
4. Development team's professional qualifications and experience
in design, construction and management of types of uses
proposed.
The development team assembled in response to this invitation
shall, at minimum, demonstrate professional expertise in the
following disciplines:
I. Architectural: shall be registered to practice architecture
in the State of Florida as required by FS Chapter 481, Part I.
Architecture;
2. Landscape Architectural: shall be registered to practice
landscape architecture in the State of Florida as required by
FS Chapter 4B1, Part II. Landscape Architecture;
3. Engineering: shall be registered to practice engineering in
the State of Florida as required by FS Chapter 471,
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;
5. Operations:
proposed;
6. Management:
proposed.
7. Leasing:
leasing.
shall be experienced in the types of uses
shall be experienced in the types of uses
shall be experienced in commercial real estate
The proposer and members of the development team, including
professional consultants, possessing the required experience may
—{ be provided from one firm constituting all the required
— professional services or may be provided from among several
—� firms constituting all the required professional services.
The proposer or its principal(s) and members of the development
team providing professional services as prime consultant(s) shall
only submit as part of one submission and shall not be the
proposer or its principal(s) and prime consultant(s) in any other
submission. For the purpose of this project, prime consultants
shall be defined as the individual(s) or firm(s) providing
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architectural, general contracting or construction management
professional services. Subconsultants may submit on more than
one team and are defined herein as those providing engineering
and landscape architectural professional services, and any other
services determined by the proposer as necessary to the
composition of its team, not specified in Section V.A. herein.
For the purpose of this project, operators and managers shall
only submit as part of one submission and shall not be an
operator or manager in any other submission.
B. Project Proposal
1. Development Plans
Description of all aspects of the plan
Number of buildings, overall site development
and use, square footage, height
Number of commercial entities, type, square footage
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
2. Illustrative Drawings
(Shall be prepared by a registered architect licensed to
practice in Florida and shall be board -mounted not to exceed
30" x 40").
Illustrative site plans
(Elevations, sections and floor plans of all 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
of the proposer, be used during public hearings and meetings
only.
3. 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 lease term and by use,
including lease payments to the City.
5. Proposed lease term; the minimum annual guaranteed rental
payment to the City and the applicable percentage of gross
revenues. Indicate City rental payment commencement date.
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6. Project development schedule including all steps of planning
and design, construction period and commencement of
operations.
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.
B. Project management plan.
9. Market analysis and market feasibility studies justifying
proposed uses.
C. Additional Requirements
I. Completed Declaration, Financial Disclosure and Professional
Information forms as detailed and included in Appendix C.
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 herein,
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
Materials other than those specified within Section V.B. herein,
shall not be considered and shall not be submitted. No material
or substantial additions, modifications or substitutions shall be
made to the proposals subsequent to the submission deadline.
VI. PROPOSAL SUBMISSION PROCEDURES
Proposal submissions must be marked:
Unified Development Project Proposal for the
Municipal Justice Building Property
1145 N.W. 11 Street, Miami, Florida
19
Proposal submissions must be received at:
Office of the City Clerk
City of Miami. City Hall
(First Floor Counter)
3500 Pan American Drive
Miami, Florida 33133
A complete proposal submission package consisting of one (1)
original and nineteen (19) copies of hound proposals in an 8 1/2"
x 11" format and one (1) set of board -mounted illustrations not
to exceed 30" x 40" shall be submitted by not later than:
2:00 p.m.
Friday, November 10, 1989
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 Miami.
Appendix C. 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., November 10, 1989 or at any
other City office location, other than at the City Clerk's Office
counter.
Funds received from non-refundable cashier's checks are 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 lease
agreement.
VII. EVALUATION CRITERIA
Review procedures and the selection process are set by City
Charter and Code of which applicable excerpts are included in
Section III.A, and Appendix A., of this document.
The City of Miami Commission, consisting of five elected or
appointed 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 29-A(c) of the City of Miami Charter and in
this RFP.
At a public hearing held July 13, 1989 the City Commission
authorized the City Manager to issue this Request for Proposals
and appointed a review committee from recommendations submitted
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by the City Manager and further selected a certified public
accounting (CPA) firm, both to evaluate responsive 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, 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
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:
I. 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
1; 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;
4. All project proposal elements listed in Section V.B.1. have
been included in the proposal submission.
S. The required number of copies and one original of the
proposal, the board -mounted illustrative drawings, and a
$2,500 non-refundable cashiers check have been received by the
deadline date and time and at the correct location.
Proposals failing to meet any of these requirements shall be
determined non -responsive by a decision of the City Manager and
eliminated from any further consideration. `
B. Review Committee Evaluation
The following specific evaluation criteria matrix shall be used
by the Review Committee in evaluating responsive proposals:
Experience of the proposer..... ........... oo....0015%
Capability of the development team................15%
21
Financial capability, level of financial
commitment ........... . ................
............20$
Financial return to the City......................20%
overall project design ............................20%
Extent of minority participation ..................10%
Proposers are encourages] 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 Proposer (15%)
(a) Qualifications and capability of the proposer
(b) Specific experience of the proposer in development,
operations and management of uses proposed
(c) Past performance record and relationship with former
clients
2. Capability of the Development Team (15%)
(a) Qualifications and experience of professional
consultants, project managers, and team members
(b) Specific capability and range of experience sufficient in
scope, complexity and adequacy of personnel to
successfully undertake and complete this project for the
types of uses proposed
(c) Past performance in project administration and in
cooperation with former clients
(d) Ability to meet time schedules and budgets
(e) Quality and organization of management team
(f) Method of providing operations and maintenance
3. Financial Capability, Level of Financial Commitment(20%)
(a) Demonstrated financial capability of the proposer to
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
0
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(d) Access to construction and permanent financing
(e) Development schedule / Construction schedule
4. Financial Return to the City (20%)
(a) Lease Term
(b) Annual lease payment including a guaranteed minimum
annual rental payment to be applied against a stated
percentage of gross revenues.
(c) Dollar value and extent of capital improvements
(d) Any additional financial benefit to the City
S. overall Project Design (20%)
(a) Fulfillment of the City's established development
objective r
(b) Efficiency of site design and organization, compatibility
of uses
(c) Compliance with all applicable code requirements
(d) Appropriateness and quality of the design as related to
the character of the surrounding environment
(e) Imaginative and creative treatment of architectural and
site design of public access to and design of public
spaces, exterior spaces, circulation, landscaping,
graphics, signage, and lighting
6. Extent of 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 facilities
C. CPA Firm 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 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. Additionally,
the firm will assess the proposer's market analysis and
evaluate the economic feasibility of the proposed development
based on information supplied in the proposal submission.
The CPA firm will render an independent report of its
findings to the City Manager.
VIII. TERMS AND CONDITIONS TO BE CONSIDERED IN THE LEASE AGREEMENT
Upon authorization of the City Commission, the City Manager
or his designee shall negotiate all aspects of a lease
agreement including planning and design, construction,
leasing and management, with the successful proposer.
The contract shall address, but not be limited to, the
following terms and conditions:
1. Lease Term
A lease term reasonably related to the financing strategy.
2. Rent
Annual minimum guaranteed rental payment to be applied
against a stated percentage of gross revenues. In the event
the stated percentage of gross revenues exceeds the minimum
guarantee, proposers shall make further payments against the
actual percentage of gross revenues. In no event shall
payment be less than the minimum annual guaranteed amount.
Payment schedules
Right to audit
Submissions of audited statements
No counterclaim or abatement of minimum rental 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 lease 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
24
89 6 ) .
1
request of the City that two (2) copies of any policy 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 lease
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 lease, 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
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 successful 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 proposal
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 successful proposers' interest.
if at any time during the lease 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
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89- 658
insurance to cover a].1 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 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.
The successful proposer will be responsible for the amount of
any deductible.
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 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 successful proposer will be expected to maintain a
minimum of a combined single limit of five (5) 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.
If comprehensive general liability
provided, it is expected to include
and operation coverage, products ar
coverage, broad form property damage
contractors coverage, personal injury
contractual liability covering the
this agreement.
insurance coverage is
In addition to premises
d completed operations
liability, independent
liability coverage, and
liabilities assumed by
If the commercial general liability form is used it is
expected under Coverage A that premises and operations,
products and completed operations, independent contractors,
and contractual liability covering liabilities assumed by
this agreement will be covered. Under Coverage B personal
injury liability will be expected. Under Coverage C no
coverage for medical payments will be required.
The occurrence form of commercial general liability policy is
preferred and no special provisions will be required should
this form be provided.
26
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S9-658
If the claims trade form of the commercial general liability
coverage is provided, the retroactive date shall be no later
than the inception date of claims made coverage. Coverage
shall be extended beyond the policy year either by a
supplemental extended reporting period of unlimited duration
and with no less coverage and with reinstated aggregate
limits, or any new policy issued must provide for retroactive
date no later than the inception date of claims made
coverage.
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.
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 Attorney'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 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 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 lease 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 lease granted, sustained in or about the leased
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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
City, and will indemnify, pay and discharge from and against
any orders, judgments or decrees which may be entered
thereon, and from and against all costs, attorney's fees
(including appellate fees), expenses and liabilities incurred
in and about the defense of any such claim and the
investigation thereof. The independent and separate
consideration for this indemnity is the award of this
contract.
6. Conditions for Lease
The City Commission is prohibited from favorably considering
any lease of property owned by the City unless there is a
return to the City of fair market value under such proposed
lease.
The City Commission is prohibited from favorably considering
any lease of property owned by the City unless there shall
have been proper advertisement soliciting proposals allowing
not less than ninety (90) days for the City's receipt of
proposals and there shall have been at least three (3)
written proposals received from prospective lessees; however,
if there are less than three (3) proposals received and the
guaranteed return under the proposal whose acceptance is
being considered is equal to fair market value and the City
Commission determines that the lease will be in the City's
best interest, then subject to the approval of a majority of
the votes cast by the electorate at a referendum, the lease
may be consummated.
Charter Section 29-B (included in Appendix A)
7. Assignment of Lease
No assignment of lease or any sublease agreement 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 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.
S. Restrictions on Use
Authorized principal uses
Authorized accessory use
Compliance with Building,
Zoning and Planning Laws
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9. 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
10. Preparation of Premises for Development
Property offered for lease "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
11. Operation and Management of Leased Premise —
Description of premises
Operation and maintenance standards
12. Equity Capital and Mortgage Financing
Sufficient Funds to Construct Improvements
Notification of Securing Sufficient Funds
Lessee to Furnish Name and Address of Mortgagee
Lessee to Notify City of Other Encumbrances
Rights and Duties of Mortgagee
No mortgaging, lien, pledged of underlying
land owned by City
13. Public Charges/Fees/Taxes
Covenant for Payment of Public Charges
Evidence of Payment of Public Charges
Utilities:
_ The successful proposer shall pay for all utilities consumed
_ on the premises as well as connection and installation
charges thereof
The successful proposer shall pay any and all property taxes
on all improvements
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Sales Tax:
The successful Proposer shall Pay sales tax on the rental
payment amount to the City
14. Maintenance, Repair and Replacement
Maintenance and Repair
Reserve for Replacements
Waste
Alterations of Improvements
15. Condemnation
Adjustment of Rent
Proration of Condemnation Awards
Partial Taking
Temporary Taking
Award Taking
Definition of Taking
16. Default - Termination
Default by Lessee
Events and Acts of Default
Default by City
Obligations, Rights and Remedies Cumulative
Acceleration by City of Lease Payments
Non -Action or Failure to Observe Provisions Hereof Non -
Performance Due to Causes Beyond Control of Parties
Surrender of Premises
Ownership of Equipment and Furnishings on Termination
Party in Position of Surety And Insurance Company With
Respect to Obligations
Remedies Upon Default: City's Right to Reenter and Retake
Premises
17. Examination of Premises
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.
18. Audit Rights
The City reserves the right to audit, inspect, copy, the
books and records of the successful proposer with respect to
the lease agreement and proposers operations relating
thereto, at any time upon reasonable notice during the
performance of the agreement.
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19. 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 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.
20. 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 lease
agreement, shall be subject to the more restrictive laws
regarding conflict of interest promulgated by federal, state
or local government, as applicable.
21. Non -Discrimination
The successful proposer agrees that there will be no
discrimination 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.
22. Rules and Regulations
The successful proposer agrees that it will abide by any and
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 lease agreement be
promulgated by the City.
23. 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.
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24, 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
City of Miami, (Appendix "C") and agrees to comply with all
applicable substantive and procedural provisions therein,
including any amendments thereto.
25. Miscellaneous
As applicable
�[ CITY OF MIAtv11. FLORIDA 36
INTER -OFFICE MEMORANDUM
10 Honorable Mayor and Mvembers
of the City Commission
9
Cesar H. Odio
City Manager
RECOMMENDATION:
DATE J U L 11989 r,LE
SUBJECT Resolution Authorizing
the Issuance of a
UDP/RFP for Municipal
REFERENCES Justice Bldg Property.
For July 13, 1989 City
ENCLOSURES Commission Meeting
It is respectfully recommended that the City Commission adopt the
attached Resolution, with attachments, authorizing the issuance
of a Request for Proposals (RFP) on August 1, 1989, in
substantially the form attached, for the Unified Development of a
mixed -use commercial project, on City -owned property located
within the Civic Center area at 1145 N.W. 11 Street, more
commonly known as the "Municipal Justice Buiding Property";
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.
BACKGROUND:
The Department of Development recommends that at the conclusion
of the Public Hearing, for the unified development of the
"Municipal Justice Building Property",* 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 June 7, 1989 by Resolution No. 89-515, the City Commission
determined that for the development of general commercial uses on
City -owned property at 1145 N.W. 11 Street, it is most
advantageous for the City to use the Unified Development Project
process.
Due to the nature of the proposed project and the uses the City
is seeking for the site, it is desirable that the City, as
defined in the City of Miami Code Section 18-52.9 and in
accordance with Section 29-A(c) of the City of Miami Charter,
procure from a private person the following integrated package:
- Planning and design, construction, leasing and
management.
10 —
.36 -r
Honorable Mayor and
Members of the City Commission
Page 2
Charter Section 29-A(c), requires that the City Commission hold a
Public Hearing to consider the contents of the Request for
Proposal (RFP). The Public Hearing has been set for the July 13,
1989, 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, authorizes 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.
The certified public accounting firm of Arthur Young in
association with Jordan. Abella and Company is recommended as the
CPA firm for this project. This firm was ranked as number one
out of a total of four submissions of qualification received and
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:
MEMBERS OF THE PUBLIC
Jose A. Alvarado, Chief Executive Officer
AIBC Financial Corporation
Roger Mourant, Consultant, Real Estate, Finance, Banking
Craig Stark, AIA, Craig Stark Associates
Pat Stoker, Member, Spring Gardens Civic Association
CITY EMPLOYEES
Waldermar Lee, Assistant City Manager,
City Manager's Office
Adrienne Macbeth, Director, Office of Minority,
Women b Business Affairs
Elbert L. Waters, Assistant Director/Planning Department
Honorable Mayor and
Members of the City Commission
Page 3
The anticipated Unified Development Project Schedule for the
"Municipal Justice Building Property" at 1145 N.W. 11 St. is as
follows:
Issuance of Request for Proposals August 1, 1989
Proposal Pre -Submission Conference August 15, 1989
Location: Dept. of Development 10:00 a.m.
300 Biscayne Blvd. Way
Suite 400
Miami, Florida
Proposal Submission Deadline November 10, 1989
Location: Office of the City Clerk 2:00 p.m.
Miami City Hall
3500 Pan American Drive
Miami, Florida
CPA Firm Evaluation of Proposals November 1989-January 1990
Review Committee Meetings
Review Committee Interviews
with Qualified Proposers
Recommendation from the Review
Committee and CPA Firm to the
City Manager
November 1989-January 1990
January, 1990
February, 1990
Recommendation from the City Manager
to the City Commission for
Selection of a Proposer March, 1990
It is recommended that the attached Resolution be adopted, in
Its entirety, authorizing the RFP be issued on August 1, 1989
with proposals due November 10, 1989.
Attachments:
Proposed Resolution
Draft RFP