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HomeMy WebLinkAboutR-88-0992J - 8 8 - 9 9 7 10/27/88 RESOLUTION NO. Sti-990Z A RESOLUTION AUTHORIZING THE ISSUANCE OF A REQUEST FOR PROPOSALS ON NOVEMBI',R 14, 1988, O IN A FORM ACCEPTABLE TTHE CITY ATTORNF,Y, 1/ FOR A UNIFIED DEVELOPMENT 1)RO.TFCT FUR THE DEVELOPMENT OF A FULL- SFRVICK BOAT YAR1) FACJLITY, MARINA, AND ANCILLARY MARINE - RELATED RETAIL USE ON AN APPROXIMATELY 1 2 . 5 7 ACRE CITY -OWNED WATERFRONT PARCEL INCLUDING 6.36 ACRES OF UPLAND AND 6.21 ACRES OF BAY BOTTOM CONTIGUOUS TO THE UPLAND LOCATED AT 2640 SOUTH BAYSHORE 1)KIVE, MIAMI, FLORI1)A; 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 CLTY 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 is to be acquired by the City and is to be used for development of improvements; and WHEREAS, on March 8, 1988, just such a project involving the lease of the 2640 South Bayshore Drive property was disapproved by the electorate making it necessary for the City Commission to examine again the question of how to develop said property; and WHEREAS, on September 27, 1988, by Motion No. 88-850, the City of Miami Commission directed the City Manager to prepare a Unified Development Request for Proposals for the 2640 South Bayshore Drive Property; and WHEREAS, on October 6, 1988, the City Commission determined that the development of approximately 12.57 acres of City -owned, waterfront property including 6.36 acres of upland and 6.21 acres of bay bottom contiguous to the upland located at 2640 South Bayshore Drive, Miami, Florida, would best be accomplished using the UDP process for a full -service boat yard facility, marina, and ancillary marine -related retail use; and I/ Substantially in accordance with the attached. EWINNIOLUKD CITY COMMISSION MEETING OF OCT 2Q'7 19888 RESOLUTION No. L148-9 7p i0� .l! WHEREAS, Section 29-A(c) of the City Charter requires that the City Commission hold a Puhlic Hearing to consider the contents of the Request for Proposals (RF11); And WHEREAS, on October 6, 1989, the City Commission adopted a Resolution scheduling a Public Hearing for October 27, 1988, at 4:00 pm; and 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, FLORIDA: Section. 1. The City Manager is hereby authorized to issue a Request for Proposals on November 14, 1988, in a form acceptable to the City Attorney 2,/ for the Unified Development of a fulI- se rvice boat yard facility, marina, and ancillary marine -related 1 retail use on approximately 12.57 acres of City -owned, waterfront property including 6.36 acres of upland and 6.21 acres of bay bottom contiguous to the upland located at 2640 South Bayshore Drive, 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 Arthur Andersen & Co. subconsulting with the minority -owned firms of Sharpton, Brunson & Co. and Verdeja, Iriondo & Gravier is hereby selected to analyze said proposals and render a written report of - i ` 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: 2/ Substantially in accordance with the attached. 0 a MEMBERS OF THE PUBLIC John. Brennan, Past Chairman., The Waterfront Board John Gonzales, The Marine Council Cyrus M. Jollivette, Vice President for University Relations, University of Miami Peter Sawyer, The Marine Council Morris Proenza, Proenza, White & Huck P.A. CITY EMPLOYEES Edith Fuentes, Building & Zoning Department Guillermo Olmedillo, Planning Department Albert Ruder, Parks Recreation & Public Facilities Department Adrienne Macbeth, Office of Minority, Women & Business Affairs PASSED AND ADOPTED this 27th day of October 1988. XAVIER L. SUARE , Mayor ATTEST: HIRAl; Ci ty(QCtkSk PR-EPPARED AND APPROVED BY: APPROVED AS TO FORM AND CORRECTNESS: RAFAEL SUAREZ—RI AS JORGE L. FERNANDEZ Assistant City Attorney City Attorney i 0 i Ll 0 o�PFt REQUEST FOR UNIFIED DEVELOPMENT PROPOSALS FOR 2640 SOUTH 6AYSHORE DRIVE MIAMI,FLORIDA TO BE ISSUED: NOVEMBER 14, 1988 CITY OF MIAMI Xavier L. Suarez* Mayor Rosario Kennedy, Vice Mayor Miller J. Dawkins, Cossaissioner Victor H. De Yurre, Commissioner J.L. Plummer, Jr. Cowdesioner Cesar H. Odio, City Manager Prepared bys Department of Development 396 Biscayne Boulevard May Suite 490 Mia si, FloridaFiorida 33I3I Tel. (305) 372-45M Proposals Due: 2:00 p.m., Friday, February 17, 1989 - t 4 - TABLE OF CONTENTS Page I. PUBLIC NOTICE ........................................ 1 II. OVERVIEW A. Summary.. .... .... .. 2 Figure 1. �Regional�Location�Map.............. 3 Figure 2. Area Location Map .................. 4 B. Development Objective ........................... 2 C. Site Description ..... ......... ................. 2 Figure 3. Project Location Map ............... 5 D. Existing Facilities Description ................. 6 E. Commitment of Funds.......... .. ...... .... 7 F. Unified Development Schedule (Anticipated)...... 8 III. PROPOSAL FORMAT AND LEGAL REQUIREMENTS -' A. City of Miami Charter Section 29-A(c)........... 9 B. Definitions of Uses............................... .......... ................... 12 C. Commitment of Services by the City .............. 12 IV. PROPOSAL SUBMISSION GUIDELINES, CONTENT, AND PROCEDURES A. Proposal Development Considerations ............. 12 _ B. Proposal Content.... ... ..................... 18 _ C. Proposal Submission Procedures .................. 20 V. EVALUATION CRITERIA -_ A. Review Committee Evaluation Criteria............ 21 B. CPA Firm Evaluation Criteria .................... 23 VI. TERMS AND CONDITIONS TO BE CONSIDERED IN THE LEASE AGREEMENT ............................... 23 APPENDIX A. City Charter and Code Sections; Pertinent Legislation APPENDIX B. City of Miami Baywalk Dt-sign Standards APPENDIX C. City of Miami Minority and Women Business Affairs and Procurement Ordinance No. 10062 EXHIBIT 1. Legal Description & Existing Site Plan EXHIBIT 2. Declaration, Professional Information, and Financial Disclosure Forms I (NOTE: Appendices and.Exhibits not included in this Draft) 4 4 t = 1 = I 819-992 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 approximately 12.57 acres of City -owned, waterfront property located at 2640 South Bayshore Drive, Miami, Florida, for a full -service boat yard facility, marina, and ancillary marine -related retail use. The property Includes 6.36 acres of upland and 6.21 acres of bay bottom contiguous to the upland extending into Biscayne Bay. All proposals shall be submitted in accordance with the Request for Proposals document which may be obtained from the City of Miami Department of Development, 300 Biscayne Boulevard Way, Suite 400, Miami, Florida 33131, (305) 372-4590. 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 Friday, December 9, 1988, 10:00 a.m. at the Department of Development offices. While attendance at the Pre -Submission Conference is not a condition for offering proposals, all prospective 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., Friday, February 17, 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. The City also reserves the right to reject any proposal deemed to be n.on-responsive or not responsible in possessing the financial capability of a successful proposer as defined herein, or to not meet the minimum requirements of this Request for Proposals prior to the Unified Development Project evaluation process. In making such determination, the City s consideration shall incline, but not be limited to the proposer 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. Cesar H. Odio City Manager Adv. i se-ss2 c� H. OVERVIEW A. Summary The City of Miami is extending invitations to qualified and experienced developers to submit proposals for development of a full -service boat yard facility, marina, and up to 20,000 square feet of ancillary marine -related retail use on approximately 12.57 acres of waterfront property at Dinner Key. Dinner Key lies in the southeastern quadrant of the City of Miami, Dade County, Florida, as shown in Figure 1. "Regional Location Map" and Figure 2. "Area Location Map." The 12.57 acre site, located at 2640 South Bayshore Drive, Miami, Florida includes 10.88 acres commonly referred to as the Merrill Stevens Dry Dock Company leased property. The 10.88 acre parcel is comprised of 6.36 acres of upland and 4.52 acres of bay bottom contiguous to the upland extending into Biscayne Bay. The City is offering an additional 1.69 acres of bay bottom as an option for expansion of the existing marina facilities. (Refer to Exhibit 1. Legal Description and Existing Site Plan.) Proposals shall include planning and design, financing and construction of improvements appropriate to the character of the site and the Dinner Key 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. B. Development Objective The Unified Development program for the waterfront property offered for lease recognizes the need for preserving full -service marine facilities within the Dinner Key area on Biscayne Bay. This Request for Proposals document seeks a full -service boat yard facility, marina, and marine related retail use of publicly -owned property, while enhancing public access to the waterfront. The City's Unified Development objective may be achieved by compatible public/priva:� utilizatior of the property. Proposals shall effectively and efficiently integrate the commercial use of the property with increased physical and visual public access to the waterfront as well as preservation of public open space. C. Site Description The 12.57 acre City -owned waterfront site is located at 26110 South Bayshore Drive within the Dinner Key area as shown in Figure 3. "Project Location Map." The property is bounded generally on the east by Biscayne Bay and generally on the west by City of Miami park _ property adjacent to South Bayshore Drive. Adjacent leaseholds on City -owned property generally to the south include Grove Key Marina 2 ea-ysz /() 1AWAA. t. "Ards t NOYIITIAO ICItN{IOM -_N.-t. N f 1N f1 t•w •• /r•.r ti W TUft«iutU.KA !S S r MAC rtOPA-TL'OCN I.C+NteAl 111 st NOITH _ T S MIAMI s 71 tt nOAe Civet 1c w 11. 1t III 10.1 ,. •M St II 1V] li i "W 1011t ; ' • NIALEAH New, Hfiff. it *$"me I = N w 11 � 2 • � t. 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Regional Location Map 3 s fie. r cc 2=0mm■■■ m � . iii W::iii�i�.o�.'�1 L�l.■."�MMO. ��� Ln �uuuuup0000°o°a OBISCAYNE BAY CHT CLUB �h v I,,- CORAL REEF ViRRICK YACHT CLUB ' GYM Entry 0 ant 'A\`` \` MONTY TRAINERS 2.640 SOUTH BAYSHORE DRIVE PROPERTY 0 MA --AIR GROVE KEY MARINA o O CITY OF MIAMI CITY HALL COCONUT GROVE SAILING CLUB DINNER KEY MARINA )roject Location Map . 11 ',-" , , ., . ". '' fl., ",­J, 1 1-1 , - 11 1 1 1 and The Chart House Restaurant (sub -lease of Grove Key Marina). Miami City Hall is in close proximity immediately south of Grove Key Marina. Abutting the property generally on the north lies the City of Miami Department of Public Facilities and the Elizabeth Virrick Boxing Gym. Monty Trainer's Bayshore Restaurant and Marina is located generally to the north of the City offices separated by a surface parking lot. Proposers shall be responsible for reading and being familiar with all adjacent municipally granted leaseholds and subleases. The 2640 South Bayshore Drive property is comprised of 6.34 acres of upland and 4.52 acres of bay bottom contiguous to upland extending into Biscayne Bay, commonly referred to as the Merrill Stevens Dry Dock Company leased property. The City, in its sole discretion, will consider offering an additional 1.69 acres of bay bottom for marina expansion/reconfiguration purposes. The total bay bottom available is 6.21 acres. Total acreage of the property is 12.57 acres. The site is zoned PR -Parks & Recreation. The bay bottom acreage is a part of Biscayne Bay, an aquatic preserve. The Biscayne Bay Aquatic Preserve Act prohibits filling.bay bottom. The successful proposer shall be responsible for obtaining a Major Use Special Permit from the City of Miami and approval from the Metropolitan Dade County Shoreline Review Board prior to construction. D. Existing Facilities Description From 1949 to 1984, the 2640 South Bayshore Drive property was leased to Merrill Stevens Dry Dock Company. Since the expiration of the lease agreement with the City in July, 19814, Merrill Stevens has continued to occupy the site as a tenant of the City with a 120-day notice provision to vacate. Existing facilities are shown on the property Site Plan included as Exhibit 1. Facilities include two steel frame and panel hangars built by Pan American Airways when it selected Dinner Key as the amphibious aircraft base for its Interamerican Operations. The larger of the two hangars includes 38,451 sq.ft. Dimensions are 211.5' in width, 181.8' in length and 54' in height. The larger hangar is currently used primarily to provide large boat dry storage. An upper loft level has been added for additional office space. The smaller hangar includes 18,562 sq.ft. Dimensions are 102,10' in width, 181.8" in length, and 37' in height. The interior of the smaller hangar has been altered to provide office space. Other facilities on the property include a one-story, 250 sq.ft. machine shop and miscellaneous small structures. The marina includes concrete docks containing 52 slips, a fuel dock and a dockmaster building. A seawall, 1,091.5 linear feet in length, forms the upland edge of the property. 31 The property and facilities will be open for inspection to prospective proposers by appointment only. Contact Alberto Armada, City of Miami Property and Lease Manager, at telephone (305) 579- 6318 for an appointment. E. Commitment of Funds 1. Ci ty The City shall provide no direct financing to the development. Proposers are offered, as an option, utilization of proceeds from a $1.5 _million revenue bond issue to be used exclusively for permanent capital improvements to the facilities and property. Repayment shall be guaranteed by the successful proposer and shall be paid to the City in addition to the minimum annual uaranteed rent payment of $350,000. The City will enter into a property lease agreement with the successful proposer for the property. The lease term schedule is included in Section IV.A.2. of this document. The lease agreement will be structured to provide the City with a minimum annual guaranteed rent of $350,000 or a percentage of gross revenues, whichever is greater. City owned property is held in public trust and cannot be mortgaged or subordinated in any way as a part of the lease agreement. The City, in its sole discretion, will consider however, subordinating to a secondary position the lease payments to the extent determined to be reasonable in helping the successful proposer obtain financing. To the extent that the annual rent payments are not met, they become deferred lease payments to be paid to the City from future available revenues, but in no event later than at the end of the lease term. A11 leasehold improvements shall revert to the City upon the expiration of the lease term. 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. A minimum investment of $1.5 million is required to be spent exclusively on permanent capital improvements to the facilities and property by the successful proposer immediately upon commencement of construction. The successful proposer may, as an option, utilize proceeds derived from 1.5 million revenue bond to be issued by the City. The successfu proposer shall be required to guarantee debt service repayment to the City. Repayment amount due snall be in addition to the minimum annual guaranteed rent payment of 350,000. 7 Proposals shall include an adequate market analysis of all project components to allow assessment and evaluation by the selected certified public accounting firm as a part of the proposal review process. The successful proposer is required to renovate and upgrade existing marina facilities including repair and/or replacement of the seawall. _ The successful proposer shall provide funding to reimburse the City for direct costs incurred in evaluating all proposal submissions, Including appraisal fees and the professional services cost of a certified public accounting firm selected by the City Commission. F. Unified Development Schedule (Anticipated) Issuance of Request for Proposals November 14, 1988 Proposal Pre -Submission Conference December 9, 1988 Location: Dept. of Development 10:00 a.m. 300 Biscayne Blvd. Way Suite 400 Miami, Florida Proposal Submission Deadline February 17, 1989 Location: Office of the City Clerk 2:00 p.m. — Miami City Hall 3500 Pan American Drive Miami, Florida City Manager Review for Compliance to RFP March 1, 1988 Review Committee Meeting March 22, 1988 CPA Firm Initial Evaluation of Proposals Available April 14, 1988 Review Committee Interviews with Qualified Proposers April 26, 1989 Recommendation from the Review Committee and CPA Firm to thy, City Manager May 11, 1989 Recommendation from the City Manager to the City Commission for Selection of a Proposer May 25, 1989 III. PROPOSAL FORMAT AND LEGAL REQUIREMENTS A. The CITY OF MIAMI CHARTER,. Section 29-A(e), provides the following: UNIFIED DEVELOPMENT PROJECTS Charter Section 29-A c and Code Section 18-52.9 included In Appendix A.) 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 (r 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 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. { I 9 R (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 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 iris 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. 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 this Charter section shall supersede any other Charter or Code provision to the contrary. Right of Termination Section 29-A(c)(e)(4): 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. B. Definition of Uses Proposals must include a definitive development program — including phasing, if any, 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. C. Commitment of Services by the Cit 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 (e)(4) of 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. IV. PROPOSAL SUBMISSION GUIDELINES, CONTENT AND PROCEDURES A. Proposal Development Considerations Respondents to this invitation are advised that the following factors must be considered and adhered to in the 12 development of project proposals and will be critically evaluated. Development Objective Proposals must meet the City's development objective of compatible public/private utilization of the Dinner Key waterfront property. Proposals must preserve, provide and maintain full service marine services for the boating community, and enhance public access to and enjoyment of the Biscayne Bay waterfront at Dinner Key. Aesthetics of the development will be a prime consideration in the evaluation of proposals. Whether a proposal is to refurbish and expand existing facilities or to build new facilities, the City expects the architecture to respect the local environment and be responsive to the local climate. Of special concern is the facade and silhouette as well as landscape treatment as viewed from South.Bayshore Drive. i 2. Lease Term The lease term of an executed lease agreement between the City and the successful proposer will be structured according to the dollar amount of investment to the property by the successful proposer, as follows: The minimum investment of $1.5 million shall be for a term of 10 years. Minimum annual guaranteed rent shall be $350,000. For an investment to the property exceeding $1.5 million and/or an annual guaranteed rent in excess of 3 0,000, the lease term shall be negotiable. 3. Use The principal uses of the property include a full - service boat yard facility and marina. The accessory use for the principal uses of the facilities includes marine -related retail space. All uses ,.-ovided for shall be non-exclusive uses. (a) Principal Uses Uses proposed for this property are not to be construed to mean exclusive rights or uses on City -owned Dinner Key properties. M Full Service Boat Yard Facility A full -service boat yard facility is herein defined as a facility offering boat hauling, storage, repair and 13 maintenance services for boats greater than 28 feet in length." Maximum boat size and weight are not limited by this RFP, but will be affected by local water depths. The facility shall offer the opportunity for individual boat owners to provide repair services, general maintenance and improvements independent of those provided by the operator. The boat yard facility must provide for full boat repairs including electrical, mechanical, plumbing, planking, rigging, carpentry, hull repairs, and engine repairs. The boat yard facility must include showers and restrooms for users. Hull repairs, painting, scraping and engine repairs must be conducted in full compliance with all applicable City, County, State and Federal regulations governing noise, odor and air pollution controls. While dry rack boat storage is not required to be — contained within a covered structure(s), more favorable _ consideration will be given in the evaluation process to covered dry rack boat storage. (11) Marina Facilities Proposers are required to renovate, upgrade, operate and maintain the existing marina facilities to a quality consistent with other first class marinas in the Miami Metropolitan area. The marina facility shall include wet slip storage, launching and hauling Now a� provisions for boats greater than 28 feet in length. Proposers are offered the option to expand the marina by an area of 1.69 acres and to redesign the piers to maximize the number of slips for wet boat storage that the marina may functionally accommodate. :e marina shall include dockmaster services during normal working hours to direct docking activities and for the sale and pumping of fuel. Provisions for twenty-four hour security, emergency fuel pumping services at the request of the U.S. Coast Guard, police, or other authorities as may be designated by the City of Miami, and firefighting equipment to The adjacent leasehold, Grove Key Marina, has the exclusive right at Dinner Key to haul and store boats up to and including 28 feet in length, per an existing lease agreement with the City executed April 1, 1976. 14 M y . ♦M ♦ provide emergency services in accordance with the City of Miami Fire Code. Minimum improvements to be made to the existing boat yard and marina facilities shall include, but not be limited to compliance with current Federal, State and local code requirements including life safety needs and repair and/or replacement of the 1,091.5 linear foot seawall. (b) Accessory Use (I) Ancillary Marine -Related Retail Space Proposals may include as an accessory use for the principal users of the facilities a maximum of 20,000 sq.ft. of retail space to provide marine -related retail services including a maximum of 3,000 sq.ft. for food and beverage sales. Accessory commercial use of space is to be understood to be complimentary to the operation of• a full -service boat yard and marina. Marine -related retail space may include, but not be limited to such activities as a ships store, marine parts shop, marine electronics shop, yacht brokerage, boat dealers, fishing supplies, sail maker, charter services, marine apparel, rental locker storage solely for boatyard and marina users, and up to 3,000 sq.ft. of food and beverage sales. 4. Architectural Treatment of Facilities The City will consider proposals that include refurbishing of the existing hangar structures. Improvements to existing structures must include compliance with current building code requirements in accordance with the South Florida Building Code and life safety needs in accordance with the City of Miami Fire Code. Construction of new structures and/or refurbishing of existing hangar structures' must be architecturally acceptable and will be critically evaluated in the selection process. Overall height of new structures shall be limited to 55 feet above grade including flood criteria. All new structures shall recognize the view corridor and public access requirements as set forth in the City Charter. While dry rack boat storage is not required to be contained within a covered structure(s), more favorable consideration will be given to covered dry ^ack boat storage in the evaluation process. 15 .13 5. Site Improvements A public access easement with improved walkways, lighting, landscaping and seating shall be provided along the water's edge from north to south to reclaim public property for public open space and provide visual and physical connection to Miami's waterfront. The easement shall be a minimum of 20 feet wide and designed in accordance with City of Miami Baywalk Design Standards (Appendix B). The City recognizes the necessity to separate public access and boat hauling functions and will consider creative solutions to physical separation of these functions. As outlined in Section IV. A.3. above, proposers are required to repair and/or replace the existing seawall. Required on -site 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 with all applicable code requirements. All signage shall be reviewed and approved by the City of Miami Planning Department. Proposers will be responsible for acquiring all required permits and approvals. 6. Estimated Construction Cost A detailed construction cost estimate shall be furnished for the entire proposed development. 7. Project Financing Strategy The proposer shall provide financing for all building and site improvements including public spaces and amenities associated with the development. The proposer is offered, as an option, utilization of proceeds from a $1.5 million revenue bond to be issued by the City to be used exclusively for improvements to the facilities and property. The eroposer shall guarantee repaymei.t of the revenue bond. Refer to Sections II.E.1 and II.E.2.j- 8. Development Schedule Respondent shall submit a schedule delineating the proposed development schedule for Paeh significant improvement. Development shall commence within six months from the transfer ,of the leasehold property to the successful proposer. A reversion clause will be 16 included within the lease agreement to insure reasonable compliance with the proposed implementation schedule. The timetable for completion of the proposed construction will be considered as well as the proposer"s plans and commitment to minimizing the impact of construction on use of the site. All proposed development must be completed within an initial specified time period; or if phased development is proposed, the successful proposer must post a bond to Insure that additional phases will, in fact, take place as planned. Required capital_ improvements in an amount of not less than $1.5 million must be constructed "up front" upon commencement of construction by the successful proposer. n� y and all proposed capital improvements must be completed within forty-eight months from the date of transfer of the leasehold property to the successful proposer. 9. 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 forms included herein as Exhibit 2 to this document shall he completed by management contractors. 10. Minority Participation Respondents will be required to comply with all applicable federal, state and local affirmative action legislation and reguiationst 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. 17 11. Contract Terms Section VI. 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 with the City. Various standard City clauses are included in Section VI. 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. B. Proposal Content Proposals submitted in response to this invitation shall include all of the following information: 1. Credentials (a) Identity of propose;, including the development team's organizational structure and names and addresses of principals. (b) Proposer's experience in development and management of specific types of uses proposed, referencing specific projects and proposer's role. (e) Complete and substantiated evidence of proposer's = financial capacity to undertake the project _ proposed. d) Development team's qualifications and experience i design and construction in types of uses DroDosed. 2. Project Proposal (a) Development Plan: Description of all aspects of the plan Architectural character of the development Number of buildings and use; square footage, height Architectural features Methods of construction Number of wet storage boat slips Number of dry boat storage spaces Number of retail entities; type, square footage On -Site parking requirements 18 (b) Illustrative Drawings: (Shall be board -mounted not to exceed 30"x40") Illustrative site plan Elevations, sections and floor plans of existing buildings to be renovated and all proposed new structures While perspective isometric illustrations are not required, submissions will be accepted for review. No model will be accepted for review. (c) Schedule of Project Amenities (d) Project Management Plan (e) Project Development and Operating Pro Formas including Proposed Lease Payments (f) Project Implementation Schedule (g) Market Analysis 3. Additional Requirements (a) Completed Declaration, Financial Disclosure and Professional Information forms as detailed and included herein as Exhibit 2. (b) A response. to all applicable aspects of the contract Terms and Conditions as detailed in Section VI. of this document. (c) A $350,000 minimum annual guaranteed rental payment to the City or the dollar amounts for payment to the City of a percentage of gross revenues a collected, whichever is greater. (d) A schedule including all steps of planning and design, construction, and operation. (e) Letters from financial institutions documenting the proposer's ability to finance all aspects of the proposed development, with and without exercising the proposer's option to utilize and guarantee repayment of City revenue bond proceeds. _ (f) Letters indicating the proposer's ability to obtain required bonds and insurance. (g) Documentation of the proposer's and development team'- past experience in related development and management. 19 4 (h) Resumes of key individuals to be involved in proposed development. (i) Documentation of minority participation pursuant to the goals set forth in City of Miami Ordinance No. 10062. C. Proposal Submission Procedures Proposal submissions marked "Unified Development Proposal for 2640 South Bayshore Drive Property, Miami, Florida" must be addressed to: Herbert J. Bailey Assistant City Manager City of Miami Proposals must be received at: Office of the City Clerk City of Miami 3500 Pan American Drive Miami, Florida 33133 One (1) original and fourteen (14) copies of a complete proposal submission in an 8-1/2"0 1^ bound format and one set of board - mounted illustrative drawings are required to be submitted by 2:00 p.m., Friday, February 17, 1989, to the Office of the City Clerk. Exhibit 2 includes forms that must be submitted along with the development proposal. The time deadline and location will be firmly adhered to. No proposals will be accepted after 2:00 p.m., February 17, 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 II.E.2. V. EVALUATION CRITERIA Review procedures and the selection process are set by City Charter and Code of which applicable excerpts are included in Section III. and Appendix A. 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. 20 At a public hearing held October 27, 1988, the City Commission authorized the City Manager to issue this Request for Proposals, appointed a review committee from recommendations submitted by the City Manager and further selected a certified public accounting (CPA) firm, both to evaluate submitted proposals. The review committee established by the City Commission at the public hearing will render a written report of its evaluation of 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: Experience of the proposer ........................15% - Capability of the development team................15% Financial capability, level of financial commitment........................................20% Financial return to the City......................20% Overall project design ............................20% 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 experience of the proposer in development and management off' marina and boat yard facilities (b) Specific experience of the proposer in development and management of the types of uses proposed 2. Capability of the Development Team (15%) (a) Qualifications and experience of project managers, team members and professional consultants 21 s ♦' (b) Specific experience of the development team in relationship to work on design, development and management of the types of uses proposed (e) Quality and organization of management team, method of providing operations and maintenance 3. Financial Capability, Level of Financial Commitment (20%) (a) Demonstrated financial capability of the develop- ment team (b) Viability of financing strategy (c) Demonstrated feasibility of all aspects of the proposed development substantiated by a market analysis (d) Access to construction and permanent financing (e) Development schedule 4. Financial Return to the City (20%) (a) Annual lease payment including a guaranteed minimum annual rental payment in an amount of $350,000 or a percentage of gross revenues, which ever is greater (b) Annual guaranteed debt service payment for City issued revenue bond utilization of bond proceeds is national). (c) Dollar value, extent, and timing of capital improvements (d) 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 the character of the site and the larger Dinner Key waterfront (c) Appropriateness and quality of the design of new structures and/or refurbishing of existing hangars (d) Treatment of dry rack boat storage (e) Imaginative and creative treatment of architectural and site design of public access to and design of public spaces, exterior spaces, circulation, view corridors, landscaping, graphics, signage and lighting. (f) Efficiency of site design and organization, compatibility of uses 6. Extent of Minority Participation (10%) (a) Minority participation within the development and management team (b) Contracting and hiring practices (c) 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 evaluate 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 proposer's market analysis and evaluate the economic feasibility of the proposed development. The CPA firm will render an independent report of its findings to the City Manager. VI. 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 design and engineering, construction, and management with the successful proposer. The contract shall address, but not be limited to, the foliowing terms and conditions: i. Lease Term A lease term based on the schedule included in Section IV.A.2. of this document. 2. Rent Annual minimum guaranteed rental payment of $350,000 or a percentage of gross revenues, whichever is greater. Payment schedules Right to audit No counterclaim or abatement of minimum rental for any reason including force majeures 3. Utilization of Revenue Bond Proceeds Successful proposer's option to exercise Repayment schedule Term and rate 4. Insurance Certificates of Insurance: All policies of insurance must be written with companies rated at least "A" as to management and class "V" as to financial size in the latest edition of Best's Key Rating Guide, published by the A.M. Best Company, Oldwick, New Jersey. 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-ilability) 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. 24 f 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 successful proposer shall provide the City with certificate of insurance certifying that all the policies of insurance are in full force and effect prior to execution of the lease agreement. New certificates shall be provided at least thirty (30) days prior to coverage renewal dates thereafter. While the City will normally accept the certificate as evidence of compliance, the successful provider shall agree that upon request of the City that two (2) copies of any policy will be delivered within ten (1*0) days 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 insurance to cover all risks of loss to the buildings/structures and personal property now existing and which may be built at a future date, on a replacement cost basis, with 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. 25 33 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 insurance coverage is provided, it is expected to include in addition to premises and operation coverage, products and completed operations coverage, broad form property damage liability, independent contractors coverage, personal injury liability coverage, and contractural liability covering the liabilities assumed by this agreement. I£ 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 8 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. If the claims made 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. Marina Operators Liability: The successful proposer will provide Marina Operators legal liability in the amount of not less than five (5) million dollars per occurrence. The policy or policies shall be endorsed to provide for protection and 26 indemnity coverage covering all private pleasure type boats and work boats owned by the successful proposer and used in conjunction with the operations covered under this lease. 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. 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 elai'mants 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). 6. 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, loss of life, or damage to property and all actions arising, in tort or in contract law or equity, by virtue of the lease granted, 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. 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 Cit 's reeei t 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) 8. Assignment of Lease No assignment of lease agreement 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. 9. Restrictions on Use Authorized principal uses Authorized accessory use (All) Non-exclusive uses 10. 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 28 3b 88-992 11. Preparation of Premises for Development Property offered for lease "as is" Developer assurance 12. Operation and Management of Leased Premises Description of premises Operation and maintenance standards 13. 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 14. 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 15. Maintenance, Repair and Replacement Maintenance and Repair Reserve for Replacements Waste Alterations of Improvements 16. Condemnation Adjustment of Rent Proration of Condemnation Awards Temporary Taking Award Taking Definition of Taking 17. Default - Termination Default by Lessee Default by City Obligations; Rights and Remedies Cumulative Non -Action or Failure to Observe Provisions Hereof 29 = E. _ 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 18. 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. 19. Audit Rights The City reserves the right to audit the records of the successful proposer with respect to the management agreement at any time upon reasonable notice during the performance of the agreement. 20. 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. 21. 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 restricti.law and/or guidelines regarding conflict of interest promulgated by federal, state or local government. 22. 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. 3,0 23. Rules and Regulations The successful proposer .agrees that it will abide by any I nd 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 management agreement be promulgated. 24. 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. 25. 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. 26. Miscellaneous As applicable 31 I Inra r�1 ✓IA,rf A.r•..��r •,vl � . r n Pnr -Al in111-n>.r.r r.. Trlrrnrifn Iql�•. An �,Pn I w.F WIPr I1-'r r rl Pr+r 1pr , I A.n AN .ftn ,, l,nn, In111 F,nP ur.l irlrrn rn /g111 ♦.nn r Aq(f whrnf •. •. IINr KrJIG 11+ lrw MAK Miw TFl Fr S)gln-IArl r'n Trlf1 ��]jlrTllw r.i LAW nrric Ff ilOLLAND Ric KNIMIT lip PPIr Mrlt A%,, nlirr PCB NIP— Mwn Nnt,- AVf wr r n P11. nI1441 r o so. IS2P I�llwr.l i, rl nnlrA 111n1 r-+nt nN rO. ftnntrA 19g07 11r ��c1 lea nrllr� land 475 P5nn irin nrrr rr 11ng1 1•a non irl rrnnrn IA011 a7lllnT r I.FASF PErLV TO: Miami October 2o, 1988 The Ho»orAble Xavier Suarez. Mayor, City of Miami City Hall 3500 ran American Drive Miami., Florida Deaf Mayer "uarez: AAnNrtt PwNM Ptnn. r n r)nAwrn PIO iw11,AlIAS eF F, rinRl rw 1)10} IPnal 77n.'n00 TrlrrOrlrP 1ROal ppa Agl7 rlNr FAST Pn-wwnr Ptvr r n Pn. I4,110 f nn+ I AnrrRhnt r,rinnlnw 111n� rind ar­Innn to rcnrlrn 111nc1 ngi.Tn+n .In NnRT.. Ac.rtr• r O Pe• 12nn TAr.nA T-L Horn• 11f1n! IP111 :,? n�00 TrlrCnrlrn Ir1111 pro nr}a PPP SrnrrT,N W CIIrtf Pon WA­,T014. n r� ?nnOq I^nFl oar,. r,cgn Trtr/'nrlrP 17n:1 OSq-StfiA c..,. she public City Clerk As an avid boater and .life-long resident of Miami, I am ex- tremely pleased that the City Commission decided to keep the Merrill -Stevens property a full -service boat yard. In order to achieve a top quality facility we can all be proud of, I respect- fully submit the following suggestions for anyone chosen to lease the property: 1. At least one principal of any potential bidder should have a minimum 5 year's management or ownership record with a boat yard (not simply mariana or storage facility). 2. All repairs should be fully warranted for 30 days. 3. You should require a "Good Faith" or "Security" deposit egiial to one year of minimum yearly guarantee from the leasee. 4. A Marine Operators legal liability insurance policy should be required in the amount of $10 million per occurance. This policy should name the City as an additional insured for the protection o� the City. 5. All subcontractors working on premises should be licensed and i11sured. G. The successful bidder should be required to conduct and pay for a yearly review by an independent accounting firm agreea- ble to the City, with a full audit every third year, and results provided to the City. 7. All employees handling cash or finances should be bonded. record �i n c . '1 October 25, 1988 item..----�'� Page ?. e. A security guard should be provided on duty after hours Monday through Friday, and guard on duty 24 hours/day on weekends and holidays should be requjred. 9. fuel service 8 a.m. - 1.2 midnight:, 7 days a week, in- cluding holidays should be required. Choice of fuels to include regular, hi -test and diesol Io. leasee rbo uld provide 24 hour n•,nnjtoring of Channel. 16, and provide 24 hour emergency towing service. 11. The leasee slioul.d allow and provide for monthly safety inspections by independent safety engineer (named by the City) familiar wit.li OSHA, and a written log of deficiencies and correc- tions should be kept. 12. The leasee should cooperate with DEA, Customs and local authorities with their fight against drugs. 13. The leasee should provide credit available to customers eitlier through "in-house" credit or acceptance of major credit cards (i.e., Master Card, Visa, American Express). I presently have a 48' Viking Sportsfishing boat at the boat yard, and have extensively used the entire facilities of the yard for over twenty years. I am extremely interested in the facilities remaining a full service__ boat yard, regardless of who is chosen by the City to manage same. I, as well as thousands of other boaters, use the mechanical, electrical, carpentry, painting and maintenance ser- vices located at your facility at Dinner Key. These services cannot be obtained elsewhere without having to take the time and inconvenience to transport one's vessel up the Miami River or outside the City. The ability and qualifications of whoever is selected to lease the boat yard should be closely examined. The City should insist on an experienced operator. The management of a full ser- vice mariana requires substantial expertise, not only on behalf of the boating public but also for the City as well. I am confident the City Commission will select a competent leasee who will be able to provide the public with the quality of service it requires. SS--992 � ^y October 25, 1988 Page 3 Thanking you and the Commission for consideration of the above in the selection of a leasee for the boat yard. Very tr yours, •t� Richard Nichols RN:eb cc: Rosario Kennedy, Vice Mayor J.L. Plummer, Commissioner Miller Dawkins, Commissioner Victor DiYurre, Commissioner Ceasar Odio, City Manager 102588/2:204 0 Submitted into the public record in connection with item _ 3 on / J /gs Matty Hirai City Clerk CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM TO Honorable Mayor and Meiahers of the City Commission FROM Cesar H . Od i o City Manager RECOMMENDATION 31 DATE C. .� - FILE v ! SUBJECT Resolution Authorizing Issuance of UUP RFP/2640 South Bayshore Drive Property REFERENCES PUbliC Hearin g Item For City Commission Meeting ENCLOSURES. of October 27, 1983; 4: 0 0 P.M. It is respectfully recommended that the City Commission adopt the attached Re so 1 ut io ri authorizing the issuance of a Unified Development Request for Proposals (RFP) on November 14, 1988, for the development of a full service boatyard, marina, and marine - related retail use on an approximately 12.57 acre waterfront site located at 2640 South Bayshore Drive, Miami Florida; selecting a certified public accounting firm and appointing members of a review committee to evaluate proposals and independently report findings to the City Manager. BACKGROUND: _ Or. September 27, 1988 by Motion No. 88-850, the City of Miami Commission directed the City Manager to prepare a Unified Development Request for Proposals (RFP) for the development of said property. The Department of Development has prepared the attached draft RFP to be presented to the City Commission or. October 27, 1988 at a Public Hearing scheduled for 4:00 P.M. to take testimony regariing its contents. As directed by the City Commission or. September 27, 1988, the RFP (blacktir.ed to indicate revisions) incorporates the following requirements: A $1.5 miILior, investment in permanent imp roveme n t s to the f a c i L i t i e s ar.d property to be made upor commencement of construction as approved by the City Manager; A minimum 19 year lease titrin; A mir.imu-n a :rival guaranteed rental payment of $350,000; Ain ou::ts proposed L : excess of specified mi-tin'ua requirements shall oe subject to negotiation, as related to the lease term; .31-1 U - •-Air Honorable Mayor and Members of the City Commission Page Two Proposers are offered, as an option, utilization of proceeds from a $1.5 million City revenue bond issue to be used exclusively for permanent improvements to the facilities anal property. Repayment to the City shall be guaranteed by the successful proposer and shall be ir, addition to the minimum annual rent of $350,000; and Definition of a full —service boat yard facility and marina (refer to pages 13-15 of RFP). On October 6, 1988, the City Commission. determined that the most advantageous method to develop certain improvements on the property is by a Unified Development Project (UDP). Under the UDP process, a certified public accounting firm is selected to evaluate the financial components of proposal submissions and a review committee is appointed to conduct an independent evaluation.. Both entities independently report their findings to the City Manager. It is recommended that Arthur Andersen & Co. subconsulting with the minority —owned firms of Sharptoa, Brunson & Co. and Verdeja, Irion.do & Gravier be selected to analyze proposal submissions. Arthur Andersen & Co. analyzed the proposal submissions received Ir. April 1987 during the previous UDP process and is familiar with all aspects of this project. It is further recommended that a seven —member revie.i committee he appointed to independently evaluate proposals, comprised of four representatives of the public, and three City employees as fellows: Members of the Public: Stuart Sorg, Committee Chairman, The Waterfront Board John. Gonzales, The Marine Council Cyrus M. Jollivette, Vice President for University Relations, University of Miami l'etcir 'iawyer, The Marine Council City Employees: Edith Fuentos, Butldil:g & Zoning Uepartne nt Guillermo Olmedille, Planning Department --John Blaisdell, Miami Sports & Exhibition Authority Honorable Mayor and Members of the City Commission Page Three It is recommecded that the attached Resolution be adopted, in its entirety, authorizing the RFP be issued on Monday, November 14, 1988 with proposals due Friday, February 17, 1989 at 2:00 pm. Attachments: Proposed Resolution Draft RFP s a'YN es.