HomeMy WebLinkAboutR-88-10660 F
J-88-1060
11./3/88
RESOLUTION NO. Nh-"10W)'
A RESOLUTION AUTHORIZING THE: ISSUANCE OF A
REQUEST FOR PROPOSALS ON NOVEMBER 30, 1988,
AND IN SUBSTANTIAL ACCORDANCE WITH THE
ATTACHED, FOR A UNIFIED DEVELOPMENT PROJECT
FOR THE DEVELOPMENT OF MARINE -ORIENTED
RECREATIONAL AND RETAIL USES, INCLUDING FOOD
AND BEVERAGE SALES, ON AN APPROXIMATELY .7
ACRE CITY -OWNED RIVERFRONT LAND PARCEL
LOCATED BETWEEN SW 2 AND 3 STREETS ON SW
NORTH RIVER DRIVE ON THE MIAMI RIVER, MIAMI,
FLORIDA; SELECTING A CERTIFIED PUBLIC
ACCOUNTING FIRM AND APPOINTING MEMBERS TO A
REVIEW COMMITTEE TO EVALUATE PROPOSALS AND
REPORT FINDINGS TO THE CITY MANAGER AS
REQUIRED BY CITY OF MIAMI CHARTER SECTION
29-A(c).
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 to be acquired by the City and is to be
used for development of improvements; and
WHEREAS, on May 14, 1987, by Resolution No. 87-440, the City
Commission determined that for the development of certain
improvements on City -owned property located between SW 2 and 3
Streets on SW North River Drive, it is most advantageous for the
City to procure by the Unified Development Project process an
integrated package that includes planning and design,
construction, leasing and management; and
WHEREAS, Resolution No. 87-440 further authorized the City
Manager to develop a unified development Request for Proposals
(RFP) for the development of marine -oriented recreational and
retail uses, including food and beverage sales, at the SW North
River Drive waterfront development site; and
WHEREAS, Section 29-A(c) of the City Charter requires that
the City Commission hold a Public Hearing to consider the
contents of the Request for Proposals (RFP); and
WHEREAS, on October 6, 1988, the City Commission adopted a
Resolution scheduling a Public Hearing for November 3, 1988, at
3:00 pm; and
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CITY COMMISSION
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WHEREAS, Section 29-A(c) further authorizes, at the
conclusion of the Public Hearing if the City Commission is
disposed to proceed, issuance of a RFP, selection of a certified
public accounting firm, and 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, FL,ORIDA:
Section 1. The City Manager is hereby authorized to issue
a Request for Proposals on November 30, 1988, and in substantial
accordance with the attached, for the unified development of
marine -oriented recreational and retail uses, including food and
beverage sales, on an approximately .7 acre, City -owned
riverfront land parcel located between SW 2 and SW 3 Streets on
SW North River Drive on the Miami River, Miami, Florida.
Section 2. Said Unified Development Project shall include
the following elements:
- Planning and design, construction, leasing and
management.
Section 3. The certified public accounting firm of Peat
Marwick, Main & Company, subconsulting with Grau & Company, is
hereby selected to analyze said proposals and render a written
report of its findings to the City Manager.
Section 4. The following 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
Sally Jude, Miami River Business Association
Michael Moore, Miami River Coordinating Committee
Patrick O'Connor, Metro -Dade County
Louis Waldmann, The Marine Council
CITY EMPLOYEES
Alberto Armada, General Services Administration
Janet Gavarrete, City Manager's Office
f
Yvette Philip, Planning Department
2 88-IL066 ;
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PASSED AND ADOPTED this 3rd day of November ,1988.
IER L. SU REZ, mayor
ATTE
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PREPARED AND APPROVED BY:
7 � ,
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ROBERT F. CLARK
Chief Deputy City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
Z;;;;�l — co- - - - —
'3`ORGEf L. 7FERNAPDEZ
City Attorney
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REQUEST FOR PROPOSALS
FOR THE
UNIFIED DEVELOPMENT
OF THE
SW NORTH RIVER DRIVE PROPERTY
(Located between SW 2nd & 3rd Streets adjacent to the
1-95 Overpass on the North Bank of the Miami River)
CITY OF MIAMI
Xavier L. Suarez, Mayor
Rosario Kennedy, Vice Mayor
Miller J. Dawkins, Commissioner
Victor H. De Yurre, Commissioner
J.L. Plummer, Jr., Commissioner
Cesar H. Odio, City Manager
Prepared by:
Department of Development
300 Biscayne Boulevard Way
Suite 400
Miami, Florida 33131
Tel. (305) 372-4590'
Proposals Due: 2:00 p.m., Wednesday, March 1, 1989
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REQUEST FOR PROPOSALS
FOR THE
UNIFIED DEVELOPMENT
OF THE
SW NORTH RIVER DRIVE PROPERTY
(Located between SW 2nd & 3rd Streets adjacent to the
1-95 Overpass on the North Bank of the Miami River)
CITY OF MIAMI
Xavier L. Suarez, Mayor
Rosario Kennedy, Vice Mayor
Miller J. Dawkins, Commissioner
Victor H. De Yurre, Commissioner
J.L. Plummer, Jr., Commissioner
Cesar H. Odio, City Manager
Prepared by:
Department of Development
300 Biscayne Boulevard Way
Suite 400
Miami, Florida 33131
Tel. (305) 372-4590'
Proposals Due: 2:00 p.m., Wednesday, March 1, 1989
TABLE OF CONTENTS
Page
I. PUBLIC NOTICE ........................................ 1
II. PROJECT OVERVIEW
A. Summary ......................................... 2
Figure 1. Regional Location Map .............. 3
Figure 2. Area Location Map .................. 4
B. Site Location ................................... 5
Figure 3. Project Location Map ............... 6
C. Project Parcel Description ...................... 5
D. Unified Development Project Schedule............ 7
III. REQUEST FOR PROPOSALS LEGAL REQUIREMENTS
A.
Unified Development Projects.................... 8
B.
Commitment of Funds ............................. 8
C.
Commitment of Property .......................... 8
D.
Commitment of Services .......................... 9
E.
Execution of Contracts .......................... 9
F.
Right of Termination ............................ 9
G.
Definition of Uses .............................. 9
IV. PROPOSAL DEVELOPMENT CONSIDERATIONS
A. Development Objective ........................... 10
B. Lease Term ...................................... 10
C. Annual Lease Payment ............................ 10
D. Use ............................................. 10
E. Adjacent Property Consideration ................. 11
F. Site Improvements ............................... 11
G. Parking ......................................... 11
H. Permitting ...................................... 12
I. Architectural Treatment of Improvements......... 12
J. Estimated Construction Costs .................... 12
K. Project Financing Strategy ...................... 12
L. Development Schedule ............................ 12
M. Method of Operation ............................. 12
N. Minority Participation .......................... 13
O. Contract Terms .................................. 13
V. PROPOSAL FORMAT
A. Credentials ..................................... 13
B. Project Proposal ................................ 14
C. Additional Requirements ......................... 15
VI. EVALUATION CRITERIA
A. Review Committee Evaluation Criteria............ 15
B. CPA Firm Evaluation Criteria .................... 18
88-1066
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TABLE OF CONTENTS (CONT'D.)
VII. TERMS AND CONDITIONS TO BE CONSIDERED IN THE
LEASE AGREEMENT
A. Authorization...: ......... ...... 18
B. Terms and Conditions ............................ 18
i
I VIII. PROPOSAL SUBMISSION PROCEDURES ....................... 23
APPENDIX A. NW North River Drive Design/Design Development
Concepts
APPENDIX B. City of Miami Charter and Code Sections; Referenced
Legislation
APPENDIX C. City of Miami Minority and Women Business
Affairs and Procurement Ordinance No. 10062
I EXHIBIT 1. Property Survey
EXHIBIT 2. Declaration, Professional Information and Financial
Disclosure Forms
3
5
(NOTE: Appendices and Exhibits NOT included in this Draft)
88--1066
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 an approximately .7 acre City -
owned land parcel located between S.W. 2nd and 3rd Streets on S.W.
North River Drive along the Miami River in Miami, Florida for
restaurant and marine -related commercial and recreational uses. The
upland parcel includes approximately 264 linear feet of frontage along
the north bank of the Miami River.
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, (305) 372-4590. This document contains 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, December 15, 1988, 10:00 a.m., at the City of Miami
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,
3500 Pan American Drive, Miami, Florida 33133 by 2:00 p.m., Wednesday,
March 1, 1989, and will be publicly opened on that day.
The City of Miami reserves the right to accept any proposals deemed
to be in the best interest of the City, to waive any irregularities in
any proposals, or to reject any or all proposals and to re -advertise
for new proposals. 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 evaulation process. 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 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.
Ad v . #
Cesar H. Odio
City Manager
1 SS--1066
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I I . PROJECT OVERVIEW
A. Summary
2
The City of Miami is extending invitations to qualified and
experienced developers to submit proposals for development of a
restaurant and marine -related or dependent commercial and
recreational uses on an approximately .7 acre riverfront parcel on
the Miami River. The City -owned, triangular shaped parcel is
located between S.W. 2nd and 3rd Streets along S.W. North River
Drive approximately one mile west from the mouth of the river at
Biscayne Bay. Miami's "working river" flows diagonally through the
City from its mouth at Biscayne Bay generally defining the
southwestern edge on the downtown area of the City of Miami, Dade
County, Florida, as shown in Figure I. "Regional Location Map" and
Figure 2. "Area Location Map.
On December 1-9, 1985, the City Commission passed Resolution 85-1236
adopting the N.W. North River Drive Design/Development Concepts, in
principle, that among other things, set forth a general development
and implementation program for publicly owned properties along the
Miami River from S.W. 2 Avenue to N.W. 5 Street, included herein as
Appendix A.
On May 14, 1987, the City Commission adopted Resolution 87-440
declaring that the most advantageous method to develop certain
improvements on the riverfront parcel offered herein is by the
"Unified Development Project" process, as set forth in City Charter.
Section 29-A(c) and City Code Section 18-52.9. Resolution 87-440
further authorized the preparation of a Unified Development Request
for Proposals and scheduled a Public Hearing for July 9, 1987 to
take testimony regarding the Request for Proposals. Said Public
Hearing was deferred by Resolution 87-665.1 and rescheduled for
November 3, 1988 by Resolution 88-894.
At the conclusion of the Public Hearing on November 3, 1988, the
City Commission adopted Resolution 88- 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. (Referenced legislation is included in
Appendix B.)
Proposals shall include planning and design, financing and
construction of improvements appropriate to the character of the
site and the Miami River waterfront. The property, in public
ownership by the City of Miami, is to be redeveloped, leased,
operated, managed, and maintained at no cost to the City by the
successful proposer under a property lease agreement with the City
of Miami.
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Figure 1. Regional Location Map
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igure 2. Area Location Map
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A. Site I_.ocation
The S.W. North River Drive site, shown in Figure 3. "Project
Location Map," is Located along a stretch of the Miami River shared
by a variety of waterfront uses including fisheries, shipping docks,
seafood processing firms, parks, restaurants, parking lots, and
vacant parcels. Recent attention by both the private and public
sectors has focused on the river's development potential, as
evidenced by a number of significant projects announced. The City
of Miami is proceeding, by way of this Request for Proposals, to
develop its first riverfront site west of the downtown core.
The North River Drive triangular site is bounded generally on the
east and south by Municipal Parking Lot No. 17 (built under the I-95
Overpass at S.W. 3 Street), on the west by the Miami River and on
the north by a strip of privately owned property intersecting with
North River Drive. at S.W. 2nd Street. Abutting property at the
extreme southern tip is privately owned. Frontage along S.W. North
River Drive is approximately 54 feet at its northeastern edge.
River frontage is approximately 264 linear feet. Directly across
from the site, on the southern bank of the Miami River, is Jose
Marti Riverfront Park, a 9.7-acre City park completed in 1984.
(Refer to Exhibit I. "Property Survey" for detailed property
description.)
Municipal Parking Lot No. 17 is comprised of 143 surface parking
spaces, presently underutilized. Additional metered parking is
found along the length of North River Drive.
C. Project Parcel Description
1. Owner: City of Miami
2. Location: 236 S.W. North River Drive
3. Legal Description: Lot 2, except the south 57.6 feet of
East Riverside, according to the plat thereof, recorded in
Plat Book 28, at page 43, of the Public Records of Dade
County, Florida; less right-of-way of State Road No. 9,
according to right-of-way mamp in Plat Book 83, page 21 of
the Public Records of Dade County, Florida and less begin
at the north line of said Lot 2 at a point 115.06 feet
north 87 43'34" east from the northwest corner thereof,
thence north 87 43'34" East 109.25 feet along the north
line of said Lot 2 to the northeasterly corner thereof,
thence south 35 31'26" east 122.57 feet along the
northeasterly line of said Lot 2, thence south 87 43'34"
west 203.70 feet, thence north 12 36'47" east 106.07 feet
to the point of beginning. Lot 1, less the north 15 feet,
of East Riverside, according to the plat thereof, as
recorded .in Plat Book 28, page 43, of the Public Records of
Dade County, Florida.
4. Area: 30,590 sq.ft.; .7 acres
5
88-" 1066
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Figure 3. Project Location Map
6 SH-106f),
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5. Zoning: WF-1/7; Waterfront Industrial., Land Use Intensity
Sector 7
6. Present Use: Occupied by Garcia Brothers Seafood, Inc.,
a tenant at will on a month -to -month basis, subject to
cancellation by City, for selling and processing seafood
products and docking space.
7. Existing Improvements: Two buildings: one metal frame
built in 1939 and one wood frame built in 1925, conditions
poor; roof overhang from metal frame building to river's
edge; asphalt pavement; seawall: approximately 90 linear
feet wood requiring replacement, approximately 174 linear
feet steel requiring repair and/or replacement.
8. River Frontage: Approximately 264 linear feet
9. S.W. North River Drive Frontage: Approximately 54 feet
10. Assessed Value (1984): $283,770
D. Unified Development Project Schedule (Anticipated)
Issuance of Request for Proposals November 30, 1988
Proposal Pre -Submission Conference December 15, 1988
Location: Dept. of Development 10:00 a.m.
300 Biscayne Blvd. Way
Suite 400
Miami, Florida 33131
Proposal Submission Deadline March 1, 1989
Location: Office of the City Clerk 2:00 p.m.
Miami City Hall
3500 Pan American Drive
Miami, Florida 33133
Acquisition of Appraisals March 1, 1989
CPA Firm Evaluation of Proposals Complete April 14, 1989
Review Committee Meeting May 1, 1989
Review Committee Interviews
with 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
Fi
May 10, 1989
June 27, 1989
July 13, 1989
88-1066
III. REQUEST FOR PROPOSALS LEGAL REQUIREMENTS
A. Unified Development Projects
The City of Miami Commission has determined that for the development
of improvements sought by this Request for Proposals, it is most
advantageous to the City that the City procure an integrated package
including planning and design, construction, leasing, and management
from a private person, as provided for in the City of Miami Charter
Section 29-A. (c) and defined in the City of Miami Code Section 18-
52.9 for Unified Development Projects, incorporated herein by
reference and included in Appendix B.
B. Commitment of Funds
I. City
The City shall provide no direct or indirect financing to the
development.
The City has recently completed storm drainage and street
improvements along North River Drive at a cost of $1.3 million
towards its commitment to the development of a combination shore -
drive and river promenade. Completed street improvements from the
5th Street Bridge to the 2nd Avenue Bridge feature an average 11-
foot wide sidewalk with a colored paver wave pattern and a colonade
of queen palms.
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 including shoreline stabilization.
The successful proposer shall provide funding to reimburse the City
for direct costs incurred in evaluating all proposal submissions,
including, but not limited to advertising, printing, appraisal fees
and the professional services cost of a certified public accounting
firm selected by the City Commission.
C. Commitment of Propert
The City will enter into a property lease agreement with the
successful proposer for the parcel particularly described in Section
II.C.3. The proposed term of the lease agreement shall be
negotiated to compliment the financing strategy and/or the
depreciation schedule. The lease agreement will be structured to
provide the City with an annual rental payment that is comprised of
a minimum annual guaranteed rent and a percentage of gross revenues
(refer to Section IV.C.).
8 88-1066
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City owned property is held in public trust and cannot be mortgaged
or subordinated in any way as a part of the lease agreement.
Al leasehold improvements shall revert to the City upon the
expiration of the lease germ.
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 security, etc., shall be the
responsibility of the developer.
As required by subsection (5) of City Charter Section 29-A(c),
"substantial increase" shall be defined as a 10% 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 designee after approval thereof by the
Commission. The provisions of 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, a financial strategy and feasibility, 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 DEVELOPMENT CONSIDERATIONS
Respondents to this invitation are advised that the following
factors must be considered and adhered to in the development of
project proposals and will be critically evaluated. -
9 88-ldbf1
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A. Development Ob iect ive
Proposals must meet the City's development objective seeking the
most active and productive commercial use of the site related to
waterfront activities for which this portion of Miami's "working
river" is reserved. The project shall include a restaurant as its
principal use and is encouraged to include other water -dependent or
water -related commercial and recreational. uses permissible under
WF-I/7 zoning. Improvements shall be responsive to the character,
environmental and design factors inherent to the Miami riverfront
and the site.
Aesthetics of the development will be a prime consideration in the
evaluation of proposals. The City expects the proposed
architecture to be responsive to the South Florida sub -tropical
climate and its waterfront setting. of special concern is the
facade and sillouette as viewed from the Miami River and North
River Drive and treatment of the water's edge with respect to
increased visual and physical accessibility.
B. Lease Term
The term of a lease agreement to be executed between the City and
the successful proposer shall be negotiated to compliment the
financing strategy and/or the depreciation schedule.
C. Annual Lease Payment
For the initial three years of the lease term, the minimum annual
guaranteed rental payment to the City for lease of the property
shall be $50,000 plus, on a cumulative basis, 5% of gross revenues
up to $1 million, 3% of gross revenues over $1 million and up to $2
million, and 2% of gross revenues in excess of $2 million. The
annual lease payment beyond the initial three years of the term
shall be subject to negotiation.
D. Use
The site is located i.n a zoning district intended for high
intensity marine activities. Due to the importance of such
activities to the local economy and the limited area suitable and
available for such activities, the WF-I zoning district is intended
to limit principal and accessory uses to those reasonably requiring
location within the district (refer to City of Miami Zoning
Ordinance, WF-I Schedule of District Regulations for detailed and
specific information).
For purposes of responding to this Request for Proposals, the
principal uses of the property shall be a restaurant oriented to
the riverfront and recreational use of the water's edge. Accessory
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uses that may be realistically configured on the site, in addition
to its principal. uses, include such commercial, service, wholesale,
and retail uses permissible under WF-I zoning, with the exception
of marine repair facilities.
E. Adjacent Property Consideration
Abutting_ the extreme southern edge of the City's property is a
1,568 sq.ft. triangular shaped, unimproved parcel with
approximately 57 linear feet frontage along the river that is in
private ownership (refer to Exhibit 1. "Property Survey"). The
City is negotiating with the owner for purchase or as a joint
venture development partner. For purposes of this proposal
submission, proposers are advised that the adjacent property may or
may not be offered for development. Accordingly, site design of
the proposed development shall include "Alternative One --Adjacent
Property NOT Included" and "Alternative Two --Adjacent Property
Included."
F. Site Improvements
The property is offered "as is." Existing facilities shall be
demolished by the successful proposer. The successful proposer
shall be required to stabilize the shoreline that includes
replacement, of the wood seawall and repair or replacement of the
steel seawall, as neccesary.
While construction of a riverwalk is not required at the water's
edge, the water's edge shall be treated as public open space
providing both a visual and physical connection to the riverfront
intended to function for active recreational useage. There is
approximately 26 feet between the channel line of the Miami River
and the bulkhead of the property affording the opportunity for
construction of temporary dockage facilities to accommodate vessels
parallel to the shoreline.
Required on -site loading 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 with all applicable code
requirements. All signage shall be reviewed and approved by the
City of Miami Planning Department.
G. Parking
Minimum off-street parking requirements may be achieved by
utilization of adjacent Municipal Parking Lot No. 17. The
successful proposer shall be required to negotiate and enter into a
separate agreement with the Department of Off -Street Parking,
subject to the approval of the Off -Street Parking Authority and the
City of Miami.
11 88-1066
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ll. Permitting
T
The successful_ proposer shall be responsible for acquiring all
required permits and approvals from, but not limited to, the Army
Corps of Enqineers, the State Department of Environmental
Regulation (DER), Metro Dade County Department of Environmental
Resources Management (DERM), and the City of Miami.
I. Architectural Treatment of Improvements
Development of improvements shall be architecturally acceptable and
will be critically evaluated in the selection process. The City
expects the proposed architecture to be responsive to the local
climate and in particular to the riverfront. setting. The City does
not seek an architecture or a setting imitative of any other
geographic area. The appropriate context for the riverfront can
best be expressed through the use of indigineous building materials
and forms and lush landscape treatment responsive to South
Florida's natural conditions. Overall height of new structures
shall be in accordance with limitations as established by zoning.
J. Estimated Construction Cost
A detailed construction cost estimate shall be furnished for the
entire proposed development. Included as separate items, shall be
the estimated cost of furnishings, fixtures and equipment.
K. Project Financing Strategy
_ The proposer shall provide financing for all building and site
improvements including public spaces and amenities associated with
the development.
L. Development Schedule
Respondents shall submit a proposed development schedule for each
significant improvement of the complete project. Development shall
commence within six months from the transfer of the leasehold
property to the successful proposer. A reversion clause will be
included within the lease agreement to insure reasonable compliance
with the proposed development schedule. The timetable for
completion of the proposed construction will be considered in the
evaluation process.
M. Method of Operation
The operation of the entire proposed development shall be
described. The description must 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
12 88 -106(;
T
operated under a management contract. If independent management
services are to be involved, then the applicable forms included in
Exhibit II.. of this document must be completed by management
contractors.
In the event the proposer is not the restaurant operator, the
independent restaurant operator must be a member of the proposer's
team and must complete all applicable forms included in Exhibit II.
N. 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. 10062 (Appendix C).
Minorities are expected to be an integral part of 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. For the purpose of proposal evaluation, significant
minority participation shall be defined as 17% black, 17% hispanic,
and 17% female.
O. Contract Terms
Section VII. provides numerous contract terms and conditions that
the proposer must consider when making a proposal. Proposers must
provide specific suggested clauses for inclusion into the lease
agreement with the City. Various standard City clauses are
included in Section VII. 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.
V. PROPOSAL FORMAT
Proposals submitted in response -to this invitation must include the
following information:
A. Credentials
1. Identity of proposer, including the development team's
organizational structure and names and addresses of
principals.
2. Proposer's experience in development, operation and
management of specific types of uses proposed,
referencing specific projects and proposer's role.
3. Complete and substantiated evidence of proposer's
financial capacity to undertake the project proposed.
13 88-1066
a
AV
4. Composition of development team (the proposer, its profes-
sional consultants, and operational manager(s)).
5. Development team's professional qualifications and
experience in design, construction and operation of types
of uses proposed.
B. Project Proposal
1. Development Plan:
Description of all aspects of the plan
Architectural character and features of the development
Number of buildings and use, square footage, height
Methods of construction
Number of temporary,' parallel boat moorings
On -site loading and service parking requirements
Lot No. 17 parking requirements
2. Illustrative Drawings
(Shall be prepared by a registered architect licensed to
practice in Florida and shall be board -mounted not to
exceed 30"x40"):
Illustrative site plan
Elevations, sections and floor plans of all proposed
new structures
While perspective isometric illustrations are not
required, submissions will be accepted for review. No
model will be accepted for review.
3. Schedule and Type of Project Amenities
4. A Feasible and Substantiated Financial Strategy
5. A Proposed Lease Term complimenting the financing strategy
and/or depreciation schedule
6. A $50,000 Minimum Annual Guaranteed Rental Payment to the
City plus the dollar amounts for payment to the City of a
Percentage of Gross Revenues Collected, in accordance
with Section IV.C.
7. Project Development and Operating Pro Fo rmas of anti-
cipated project income and expenses projected for
length of lease term proposed
8. Project Implementation Schedule including all steps of
planning and design, construction and operation
9. Project Management Plan
14 ��"1 Osifi
C. Additional Requirements
1. Completed Declaration, Financial Disclosure and
Professional Information forms as detailed and
included herein as Exhibit II.
2. A response to all applicable aspects of the contract
Terms and Conditions as detailed in Section VII. of
of this document.
3. Letters from financial institutions documenting the
proposer's ability to finance all aspects of the
proposed development.
4. Letters indicating the proposer's ability to obtain
required bonds and insurance.
5. Documentation of minority participation pursuant to the
goals set forth in City of Miami ordinance No. 10062.
VI. EVALUATION CRITERIA
Review procedures and the selection process are set by City
Charter -and Code of which applicable excerpts are included in
Appendix B. of this document.
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.
At a public hearing held November -3, 19L88, the City Commission
authorized the City Manager to issue this Request for Proposals,
appointed members to a review committee from recommendations
submitted by the City Manager, and selected a. certified public
accounting (CPA) firm to evaluate submitted proposals.
The review committee established by the City Commission at the
public hearing will render a written report of its evaluation of
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 none of the bids 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 such
a decision.
A. Review Committee Evaluation Criteria
The following specific evaluation criteria matrix shall be used by
the review committee:
15 88 -1066
F _ _
0.
r r
I.
Experience
of the proposer ........................15%
2.
Capability
of the development team ....... I ........
15%
3.
Financial
capability, level of financial
commitment.
....................... ...............20%
4.
Financial
return to the City......................20%
5.
Overall project
design ............................20%
6.
Extent of
minority participation ..................10%
Proposers are encouraged to have their proposals conform to the
following factors which will be utilized by the review committee
in evaluating the proposals:
1. Experience of the Proposer (15%)
(a) Qualifications and capability of the proposer
in development of the types of uses proposed
— (b) Specific experience of the proposer in development
and management of the types of uses proposed,
comparable in magnitude and scope
2. Capability of the Development Team (15%)
(a) Composition of the development team
(b) Professional qualifications of team members,
project managers, and consultants
(c) Specific capability and range of experience
in scope, complexity and adequacy of personnel to
successfully undertake and complete this project
for the types of uses proposed
(d) Good past performance in project administration
and in cooperation with former clients
(e) Ability to meet time schedules and budget
(f) Quality, organization and experience of opera-
tional management team
(g) Method of providing restaurant operation
including type and quality of food preparation
service, hours of operation, advertising and
promotion plans
(h) Method of providing operation and maintenance of
other types of uses proposed
16
88-1066
4
rill
V
3. Financial Capability, Level of Financial Commitment (20%)
(a),Demonstrated financial capability of the proposer
to successfully undertake and complete this
project
(b) Proposer's track record of. financing projects
comparable in magnitude and scope sufficient to
successfully finance this project
(c) Financing strategy
(c) Access to construction and permanent financing
(d) Development schedule
4. Financial Return to the City (20%)
(a) Annual lease payment including a guaranteed
minimum annual rental payment in an amount of
$50, 000 plus, on a cumulative basis, 5% of gross
revenues up to $1 million, 3% of gross revenues
over $1 million and up to $2 million, and 2% of
gross revenues in excess of $2 million. The
annual lease payment beyond the initial three
years of the term shall be subject to
negotiation.
(b) Dollar value, extent and timing of capital
improvements
(c) Any additional financial benefit to the City
5. Overall Project Design (20%)
(a) Fulfillment of the City's established development
objective
(b) Appropriateness and quality of the design as
related to its setting on the Miami River
(c) Appropriateness and quality of the design as
related to the scale, massing, materials, and
finishes of the types of uses proposed
(d) Efficiency of site design and organization,
mix and compatibility of types of uses proposed
(e) Imaginative and creative treatment of architec-
tural and site design of public access to and
design of the water's edge, public spaces,
exterior spaces, circulation, view corridors,
landscaping, graphics, signage, and lighting
Li
V*1
6. Extent of Minority Participation (10%)
(a),Minority equity participation
(b) Minority participation within the development and
management. team
(c) Contracting and hiring practices
(d) Opportunities for minorities, hiring outreach and
training opportunities in relation to management,
operation and maintenance of facilities
B. CPA Firm Evaluation Criteria
The certified public accounting firm selected by the City
Commission will provide a preliminary evaluation of each proposal
submission prior to evaluation by the review committee.
Specifically, the certified public accounting firm will evaluate
the financial viability of the proposed development teams, their
proposed financial strategies, and will assess comparatively the
short and long range economic and fiscal return to the City.
Additionally, they will assess the economic feasibility of the
proposed development. The CPA firm will render an independent
final report of its findings to the City Manager.
VII. TERMS AND CONDITIONS TO BE CONSIDERED IN THE LEASE AGREEMENT
A. Authorization
Upon authorization of the City Commission, the City Manager or his
designee shall negotiate all aspects of a lease agreement
including planning, design and engineering, construction, and
management with the successful proposer.
B. Terms and Conditions
The contract shall address, but not be limited to, the following
terms and conditions:
1. Lease Term
A proposed lease term to compliment the financing strategy
and/or the depreciation schedule.
2. Rent
Annual minimum guaranteed rental payment of $50,000 plus,
on a cumulative basis, 5% of gross revenues up to $1
million, 3% of gross revenues over $ million and up $2
88-loch
18
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JP
million, and 2% of gross revenues in excess of $2 million.
The annual lease payment beyond the initial three years of
the term shall be subject to negotiation.
Payment schedules
Right to audit
No counterclaim or abatement of minimum rental
3. Conditions for Lease
City of Miami Charter Section 29-B (included in Appendix B)
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 from 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
proposals 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.
4. Insurance
Certificates of Insurance
Types of Insurance
(Insurance requirements to be supplied by City)
5. Performance and Payment Bond
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 subject to the approval of the City Insurance Manager
and comply with FS 255.05, Florida Statutes (1987).
19 88-106C
V*
a
6. Indemnification
The successful proposer covenants and agrees that it
shall indemnify, hold harmless, and defend the City 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, loss of life, or
damage to property sustained in or about the leased
premises, by reason of or as a result of the successful
proposer's occupancy thereof, acts or omissions to act,
from the acts or omissions to act of the City, and from
and against any orders, judgments or decrees which may
be entered thereon, and from and against all costs,
attorney's fees, expenses and liabilities incurred in
and about the defense of any such claim and the
investigation thereof.
7. Assignment of Lease
No assignment of lease agreement or any portion or part
thereof, except by and virtue of action taken by the
City Commission.
8. Restrictions on Use
Authorized principal uses
Authorized accessory uses
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
11. Operation and Management of Leased Premises
Description of premises
Operation and maintenance standards
20 88-1066
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
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
Property Taxes:
The successful proposer shall pay all taxes on all
improvements
14. Maintenance, Repair and Replacement
Maintenance and Repair
Reserve for Replacements
Waste
Alterations of Improvements
15. Condemnation
Adjustment of Rent
Proration of Condemnation Awards
Temporary Taking
Award Taking
Definition of Taking
16. Default - Termination
Default by Lessee
Default by City
Obligations, Rights and Remedies Cumulative
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 With Respect to Obligations
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
21 88 -106t;
01, Ir
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 the records of the
successful proposer with respect to the lease agreement
atany time upon reasonable notice during the performance of
the agreement.
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 Statute, and agrees that it will fully
comply in all respects with the terms of said laws. Any
such interests on the part of the 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 law
and/or guidelines regarding conflict of interest
promulgated by federal, state or local government.
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 rules and regulations pertaining to the use of the
premises which are not in effect, or which may at any time
during the term of the lease agreement be promulgated.
88-1066
22
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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.
24. Minority Procurement Compliance
The successful proposer acknowledges that it has been
furnished a copy of ordinance No. 10062, the Minority and
Women Business Affairs 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
VIII. PROPOSAL SUBMISSION PROCEDURES
Proposal submissions must be marked: -
Unified Development Proposal for the
SW North River Drive Property,
Miami, Florida
Proposals submissions must be received at:
Office of the City Clerk
City of Miami
3500 Pan American Drive
Miami, Florida 33133
One (1) original and twelve (12) copies of a complete proposal
submission in an 8-1/2"x1l" bound format and one set of board -
mounted illustrative drawings are required to be submitted by 2:00
p.m., Wednesday, March 1, 1989, to the Office of the City Clerk.
Exhibit II includes forms that must be submitted as a part of the
dvelopment proposal submission. The time deadline and location
will be firmly adhered to. No proposals shall be received after
2:00 p.m., March 1, 1989, or at any other City office location
except the Office of the City Clerk.
A non-refundable cashier's check for $1,500 shall accompany each
proposal submission. These funds are intended to cover actual
expenses for advertising, printing, and mailing incurred by the
City in preparing and issuing this Request for Proposals.
Funding for expenses incurred in evaluating proposal submissions,
in excess of the application fees collected, shall be reimbursed
the City by the successful proposer as described in Section
III.B.2.
23 88 -1066
.t
CITY OF MIAM1, FLORIDA 76
INTER -OFFICE MEMORANDUM
TO. Honorable Mayor and Members
of the City Commission
s
FROM: Cesar H. Odi
City Manager
RECOWIMATION:
DATE: r , V T ` i ^n FILE:
�r f 04U
SU■.,ECT:proposed Resolution Authorizing
Issuance of UDP RFP/SW North River
Drive Property
REFERENCES: Hearing Item for City
Commission Meeting of Nov 3, 1988
ENCLOSURES:
It is respectfully recommended that the City Commission adopt the
attached Resolution authorizing the issuance of a Unified
Development Request for Proposals (RFP) on November 30, 1988, for
the development of marine -oriented recreational and retail uses,
including food and beverage sales, on an approximately .7 acre
city -owned riverfront land parcel located between SW 2 and 3
Streets on SW North River Drive on the Miami River, Miami, Florida;
selecting a certified public accounting firm and appointing members
to a review committee to evaluate proposals and independently
report findings to the City Manager.
BACKGROUND:
The Department of Development has prepared the attached Unified
Development draft RFP for the SW North River Drive property to be
presented on the November 3, 1988, Commission meeting as a Public
Hearing item scheduled for 3:00 p.m. to take testimony regarding
its contents.
The City of Miami Charter Section 29-A(c) allows for "Unified
Development Projects" (UDP) where an interest in real property is
owned or to be acquired by the City and is to be used for
development of improvements.
on May 14, 1987, by Resolution 87-440, the City Commission r
determined that for the development of certain improvements on
City -owned property located between SW 2 and 3 Streets on SW North
River Drive, it is most advantageous for the City to procure by the
Unified Development Project process an integrated package that
includes planning and design, construction, leasing and management.
Resolution 87-440 further authorized the City Manager to develop a
unified development Request for Proposals (RFP) for the development
of marine -oriented recreational and retail uses, including food and VE
beverage sales, at the SW North River Drive waterfront development
site.
��''""�.�',�►� fir;
91
Honorable Mayor and Members
of the City Commission
Page Two
Section 29-A(c) of the City Charter requires that the City
Commission hold a Public Hearing to consider the contents of the
Request for Proposals (RFP). On October 6, 1988, the City
Commission adopted a Resolution scheduling a Public Hearing for
November 3, 1988, at 3:00 pm, and as authorized by the City
Charter, the City Commission if disposed to proceed at the
conclusion of the Public Hearing directs the City Manager to issue
the RFP on November 30, 1988, select a certified public accountant
firm and appoint members to a review committee to evaluate
proposals and report findings to the City Manager.
The attached draft calls for restaurant use of the property, active
recreational use of the water's edge, and encourages other
commercial water -dependent or water -related uses of the site
allowable under current WF-I zoning.
The RFP stipulates an annual rental payment to the City for lease
of the 30,590 sq.ft. property at a $50,000 minimum annual
guaranteed rent plus 5% of gross revenues up to $1 million, 3% of
gross revenues over $1 million and up to $2 million, and 2% of
gross revenues in excess of $2 million. The annual rental payment
beyond the first three years of the lease shall be subject to
negotiation. The lease term shall be reasonably related to the
proposer's financing strategy or the depreciation schedule.
Proposals submitted in response to this RFP shall be evalluated
baseds on the following criteria established in the RFP as follows:
1. Experience of the proposer .....................15%
2. Capability of the development team.............15%
3. Financial capability, level of financial
commitment.....................................20%
4. Financial return to the City...................20%
5. Overall project design .........................20%
6. Extent of minority participation...............10%
The certified public accounting firm of Peat Marwick, Main &
Company, subconsulting 50% of the contract value with Latin
minority -owned firm of Grau & Company, is recommended as the CPA
firm for this Unified Development Project. This firm was ranked as
number one out of a total of five submissions received by the City.
IP
r_1
Honorable Mayor and Members
of the City Commission
Page Three
a It is further recommended that a seven -member review committee be
appointed to independently evaluate proposals, comprised of four
representatives of the public and three City employees as follows:
Members of the Public:
. Michael Moore, Miami River Coordinating Committee
2. Patrick O'Connor, Metro -Dade County Public Works Dept.
3. Sally Jude, Miami River Business Association
4. Louis Waldmann, Director, The Marine Council
City Employees:
I. Janet Gavarrete, City Manager's Office
2. Yvette Philip, Planning Department
3. Alberto Armada, General Services Administration
s
Attachments:
Proposed Resolution
Draft RFP