Loading...
HomeMy WebLinkAboutR-88-0449i J-88-483 ` 5/12/88 RESOLUTION NO. A RESOLUTION REJECTING ALL STATEMENTS OF QUALIFICATIONS SUBMITTED BY DEVELOPERS AND RECEIVED BY THE CITY IN CONNECTION WITH THE PROPOSED DEVELOPMENT OF IMPROVEMENTS ON CERTAIN PROPERTY AS PREVIOUSLY DETERMINED BY THE CITY COMMISSION IN RESOLUTION NO. 87-916, ADOPTED OCTOBER 22, 1987, SAID REJECTION BEING BASED ON THE CITY'S ERRONEOUS MISSTATEMENT OF THE INTERPRETATION TO BE GIVEN THE REQUEST FOR QUALIFICATIONS BY DEVELOPERS IN PREPARING THEIR RESPONSE TO THE REQUEST FOR QUALIFICATIONS; FURTHER AUTHORIZING THE ISSUANCE OF A REQUEST FOR QUALIFICATIONS ON MAY 30, 1988, IN SUBSTANTIALLY THE FORM ATTACHED, INVITING INTERESTED AND EXPERIENCED DEVELOPMENT TEAMS TO SUBMIT PROFESSIONAL QUALIFICATIONS FOR THE DEVELOPMENT OF AN APPROXIMATELY 250,000 SQUARE FOOT BUILDING TO BE LOCATED ON A 12- LOT LAND PARCEL BETWEEN NORTHEAST 1ST AND MIAMI AVENUES AND NORTHEAST 4TH AND 5TH STREETS IN MIAMI TO BE OCCUPIED BY THE U.S. ATTORNEY'S OFFICE AND OTHER U.S. LAW ENFORCEMENT AGENCIES; AND FURTHER DIRECTING THE CITY MANAGER TO PRESENT THE DRAFT REQUEST FOR PROPOSALS FOR SITE ACQUISITION, PLANNING AND DESIGN, AND CONSTRUCTION OF SAID BUILDING TO THE CITY COMMISSION AS SOON AS PRACTICABLE FOR CONSIDERATION AND APPROVAL PRIOR TO ITS ISSUANCE WHICH SHALL BE LIMITED SOLELY TO PRE -QUALIFIED DEVELOPMENT TEAMS ONLY. WHEREAS, on October 29, 1986, the United States of America, acting by and through General Services Administration and the City of Miami entered into a Memorandum of Understanding expressing their intent to enter into negotiations for the City to construct and lease to the United States of America a building to house the U.S. Attorney's Office and other U.S. Law Enforcement Agencies in Miami; and WHEREAS, the approximately 250,000 square foot building is to be located on a 12-lot property site between Northeast 4th and 5th Streets and Northeast 1st and Miami Avenues; and WHEREAS, on July 23, 1987, the City Commission adopted Resolution No. 87-746 authorizing the City Manager to execute a lease agreement between the U.S. General Services Administration CITY COMMISSION MEETING OF MAY 12 1988 )N No. NS-449 and the City of Miami setting forth the terms and conditions for r� the City to construct and lease to the United States an r approximately 250,000 square foot building to house the U.S. Attorney's Office and other U.S. Law Enforcement Agencies in Miami to be located on said real property site for a period of not to exceed thirty years with renewal options by the U.S. General Services Administration; and WHEREAS, on October 22, 1987, the City Commission adopted Resolution No. 87-918 determining that the most advantageous method to development said Federal building is by procurement from the private sector of an integrated package that includes site acquisition of the specified land parcel, planning and design, and construction; and WHEREAS, Resolution No. 87-916 further authorized the preparation of a Request for Proposals for the integrated development of improvements to be brought before the City Commission prior to its issuance for approval; and WHEREAS, the U.S. General Services Administration and the City were desirous of pre -qualifying interested and experienced development teams through the issuance of a Request for Qualifications prior to the issuance of a Request for Proposals for development of said project; and WHEREAS, subsequent to the issuance of a Request for Qualifications (RFQ) pursuant to Resolution No. 88-232, adopted March 10, 1988, there was an addendum to said RFQ which created confusion in the interpretation of the City Commission's intent in using certain RFQ language pertaining to minority participation requirements to be met by developers submitting responses to the RFQ; NOW, THEREFORE, HE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: 88-44S 'A A Seotion 1. All statements of qualifications submitted by developers and received by the City in connection with the proposed development of improvements on certain property as previously determined by the City Commission in Resolution No. 87-916, adopted October 22, 1987, are hereby rejected, said rejection being based on the City's erroneous misstatement of the interpretation to be given the Request for Qualifications by developers in preparing their response to the Request for Qualifications. Section 2. The City Manager is hereby authorized to issue a Request for Qualifications on May 30, 1988, in substantially the form attached, inviting interested and experienced development teams to submit professional qualifications for the development of an approximately 250,000 square foot building to be located on a 12-lot land parcel between Northeast 1st and Miami Avenues and Northeast 4th and 5th Streets in Miami, to be occupied by U.S. Law Enforcement Agencies pursuant to a lease agreement between the City and the U.S. General Services Administration. Section 3. Qualifications submitted in response to said Request for Qualifications shall demonstrate professional expertise and range of experience in projects of similar magnitude, demonstrate financial capability to successfully undertake and complete said project, present a viable financing strategy, and comply with minority participation requirements. Section 4. The City Manager is hereby directed to present a Draft Request for Proposals for site acquisition, planning and design, and construction of said building to the City Commission as soon as practicable for consideration and approval prior to its issuance which shall be limited to pre - qualified development teams. 88-448 PASS$b AND ADOPTED thy.d&V Of ......_ ..... XAV`19R L. S EZ. MAYOR ATTEST: ARTY HIRAI CITY CLERK PREPA D i APPROVED BY: 7 ROBE F. CLERK CHI DEPUTY CITY ATT6ZEY APPROVED AS TO FORM AND CORRECTNESS: VdCIA A. DOUGHERTY CITY ATTORNEY ,/ RFC:bss:M705 t ` REQUEST FOR QUALIFICATIONS FOR DEVELOPMENT OF A FEDERAL LAW ENFORCEMENT BUILDING MIAMI, FLORIDA TO 99 ISSUEDz MAY 30, 1988 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 GENERAL SERVICES ADMINISTRATION Terence C. Golden, Administrator Donald F. Layfied, Regional Administrator Thomas E. Davis, Assistant Regional Administrator Qualifications Due: 2:00 p.m., Thursday, June 30, 1988 Location: City Clerk's Office Miami City Hall 3500 Pan American Drive Miami, Florida 33133 SS-44n ■ TMLE.__OF_ CONTENTS I i PUBLIC NOT ICE . . . . i i . { . . . { i i i . i i i . . . { ♦ • i . . { i i t . i i i ♦ • i { i { i 1 IIi OVERVIEW A • Pr o j e c t Su mma r i {i i . i . . i . . • . . . { . . i . • • { i • . { i { i i i . • • i 2 8. Development objective . • . . i . { { i i i i { . i i . i . .. • • . • . • • • . 3 C. Site bescription....i.•... •.ii.. ..i t. {•.•. i.{. ••i.. 4 Figure 1. Regional Location Map.......... 664666666 5 Figure 2. Area Location Map.•.......•..••i•iii{.{: 6 Figure 3. Project Location Map..•..{.•.••i.{{i{it. 7 Table 1. Parcel Description.... ...i...•....... ... 8 Dom. Site Acquisition .......................♦•...•.•..{. E . Improvements to Site* . . . . . . . . . . { . . i . . . • . . i . . i . . . . . . /4� 10 F. Historic Preservation Considerations•..........{... 10 Figure 4. Historic Buildings Location Mapi..i..... 11 G. Commitment of Funds 1 . Successful P r opo s e r . . . . . . . . . . . . . i • ♦ . i . . . i i • . . . . 12 2. City ........................................... 12 3. GSA* ......................... .................. 13 H. Tentative Proposer Selection Schedule I. Request for Qualifications ..................... 13 2. Request for Proposals ........ .................. 13 III. SUBMISSION REQUIREMENTS A. Composition of Proposing Team....* .... 14 B. Minority Participation........ ...................... 15 C. Format and Content of Submission ................... 16 D. Submission Instructions ............................ 17 IV. QUALIFYING PROCESS A. Review of Submissions for Compliance and Professional Qualifications ...................... 17 B. Review of Submissions for Capability to Successfully Undertake and Complete the Project.. 18 APPENDIX A. PERTINENT LEGISLATION APPENDIX B. DECLARATION, PROFESSIONAL INFORMATION, AND FINANCIAL DISCLOSURE FORMS EXHIBIT 1. EXHIBIT 2. CITY AND GSA LEASE AGREEMENT HISTORIC PRESERVATION MEMORANDUM OF AGREEMENT 85-449 11 a t• PUBLIC NOTICE The City of Miami and the U,S. General Services Administration are extending invitations to qualified and experienced development teams to submit professional. qualifications for the site acquisition, planning and design, financing and construction of an approximately 250,000 sq.ft. building to securely and efficiently house U.S. Law Enforcement Agencies in Miami, Florida. The proposed building is to be constructed on specified property to be acquired by the successful proposer under a turnkey agreement with the City of Miami for subsequent lease to the U.S. General Services Administration. The nearly 2-acre project site is located between NE 1st and Miami Avenues and NE 4th and 5th Streets in downtown Miami adjacent to the U.S. Post Office Courthouse and Courthouse Annex. Site development includes parking and accommodation for future expansion. Qualifications are sought to pre -qualify development teams and must include and demonstrate the required professional expertise and range of experience in projects of similar scope and complexity, demonstrate financial capability to successfully undertake and complete the project, present a viable financing strategy, and comply with minority participation requirements. Respondents to this Request for Qualifications determined qualified shall be invited to submit a second more detailed proposal for design and cost for evaluation and selection by the City of Miami and the U.S. General Services Administration. Proposals shall be sought only from the pre -qualified development teams. Interested parties must contact Arleen Weintraub at the City of Miami Department of Development, 300 Biscayne Boulevard Way, Suite 400, Miami, Florida, 33131, Telephone (305) 372-4590, to obtain the Request for Qualifications document. This document contains detailed and specific information about submission requirements and qualifying procedures. Proposals must be delivered to Matty Hirai, City Clerk, at Miami City Hall, 3500 Pan American Drive, Miami, Florida, 33133, not later than 2:00 p.m. on Thursday, June 30, 1988. The City of Miami and the U.S. General Services Administration reserve the right to waive any irregularities in any submissions, or to reject any or all qualifications submissions and to re - advertise for new submissions. Cesar H. Odio City Manager City of Miami Ad v . # Thomas E. Davis Assistant Regional Administrator General Services Administration 1 88-4 49 i F tt ;rr. tI . OVERVIEW A. Project Summary On October 29; 1986, the City of Miami ("City") and the United States of America; acting by and through General Services Administration ("GSA"), entered into a "Memorandum of Understanding" expressing their intent to enter into negotiations for the City to construct and lease to GSA a building to house the U.S. Attorney's Office and other U.S. Law Enforcement Agencies in Miami. Public Law 99-591 was passed by Congress authorizing GSA to lease a building in Miami not to exceed 250,000 sq.ft. acquired or constructed by the City. On July 23, 1987, the City Commission adopted Resolution 87-746 authorizing the City Manager to execute a negotiated "Lease Agreement" (included as Exhibit 1) between the City and GSA setting forth the terms and conditions for the City to construct and lease to GSA an approximately 250,000 sq.ft. building for a period not to exceed thirty years with renewal options by GSA. On October 22, 1987, the City Commission adopted Resolution 87- 916 declaring that the most advantageous method for the City to construct a building for subsequent lease to GSA is by procurement of an integrated package from the private sector that includes site acquisition of a specified 12-lot land parcel in downtown Miami, planning and design, and construction. Resolution 87-916 further authorized the preparation of a Request for Proposals. The property identified by GSA and the City as the project site is today in private ownership. The successful proposer shall be responsible for site acquisition at a price not to exceed the guaranteed purchase price agreed to by the City and GSA with the property owners through agreements of purchase and sale. The successful proposer shall take title to the property and construct only those improvements authorized by the City and GSA under a turnkey development agreement with the City of Miami. Upon completion of construction of the building and all associated improvements, the City shall take title to the property through purchase from the successful proposer at a pre - negotiated price. Subsequently, the City shall lease the building to the U.S. General Services Administration. On March 10,' 1988, the City Commission adopted Resolution 88-232 authorizing the issuance of a Request for Qualifications as a pre -qualifying procedure prior to the issuance of a Request for Proposals for land acquisition, planning and design, and construction of a building in Miami to be occupied by U.S. Law Enforcement Agencies. The Commission further selected an independent certified public accounting firm to assist in analyzing submission of financial qualifications, 2 88-44.9 Ak directed the forthcoming Request for Proposals be brought before the Commission prior to its issuance, and determine(] response he limited solely to development teams determined qualified in accordance with all provisions of this Request for Qualifications: On May 12, 1988, the City Commission adopted Resolution 88-449 rejecting all submissions received April 15, 1988, in response to an earlier Request for Qualifications issued by the City and GSA. By Resolution 88-449, the Commission further authorized the issuance of this Request for Qualifications on May 30, 1988. (Referenced legislation is included as Appendix A.) The City of Miami and GSA are hereby extending invitations to qualified and experienced development teams to submit professional qualifications, demonstrate financial capability, present a viable financing strategy, and comply with minority participation requirements for the development of an approximately 250,000 sq.ft. Federal Law Enforcement Building located on specified property to be acquired between NE 1st and Miami Avenues and NE 4 and 5 Streets in Miami's central business district, adjacent to the U.S. Post Office Courthouse and Courthouse Annex. Professional qualifications are sought to pre -qualify development teams and must include the composition of the team, demonstrate professional experience and capability in the required disciplines, demonstrate financial capability to successfully undertake and complete the project, present a viable financial strategy, and comply with minority participation requirements. Development teams determined by the City and GSA as qualified shall be invited to participate in the Request for Proposals selection process for design and development of a Federal Law Enforcement Building. Proposals shall be sought only from among pre -qualified teams for procurement of an integrated package that shall include site acquisition, planning and design, and construction of improvements in accordance with all provisions of the Request for Proposals document. B. Development Objective The development program for the assembled downtown property calls for the City 'providing the United States of America suitable office space to securely house its U.S. Attorney's Office and other Federal Law Enforcement Agencies at a reasonable lease rate in an expeditious time period. The City, as facilitator, intends to procure the improvements from the private sector at no profit or expense to its taxpayers. 3' A6-449 The development objective set forth by the City and GSA may be achieved by acquisition of a specified land parcel and construction of a 250,000 sq.ft, building appropriately sited on the property to allow future expansion that functionally ties in to the adjacdnt existing U.S. Post Office Courthouse and Courthouse Annex forming a secure environment for its occupants. The building's program and design shall be in accordance with specifications provided by GSA to be included in the Request for Proposals document. 06, C. Site Description The property selected by GSA lies within the Central Business District of the City of Miami, Dade County, Florida as shown in Figure 1. "Regional Location Map" and in Figure 2. "Area Location Map." The property is zoned CBD-1/9. The CBD zoning district is the central commercial, financial, and office core of the metropolitan area. The nearly 2-acre site to be acquired generally includes the easternmost twelve lots of Block 78. Block 78 is located between NE 1st and Miami Avenues and NE 4th and NE 5th Streets in downtown Miami, as shown in Figure 3. "Project Location Map." The twelve lots comprising the land parcel are more particularly described in Table I. "Parcel Description." The property is bounded on the east by Miami Dade Community College, on the north by the Central Baptist Church, on the west by the remainder of the block in private ownership, and on the south by the U.S. Post Office Courthouse and Courthouse Annex. The Metromover alignment runs adjacent to the property along its northern edge with the EDCOM Metromover station located on the southwest corner of the NE 5th Street and NE 1st Avenue intersection. The U.S. Post Office Courthouse is listed on the National Register of Historic Places. The Central Baptist Church is eligible for listing on the National Register. (Refer to Subsection F. "Historic Preservation Considerations".) D. Site Acquisition The 12-lot parcel selected as the project site by the City and GSA is presently in private ownership among seven owners. Based on two independent appraisals, the City and GSA are negotiating with the individual property owners for each parcel's acquisition at a fixed price. A guaranteed purchase and sale agreement between the respective owners and the City, to be assigned to the successful proposer, shall be executed prior to the issuance of the Request for Proposals for development of the Federal Building that provides a deferred closing to take place no sooner than six months, but not later than one year from its date of execution. The total purchase price for the project site is anticipated to be in the $6 million range. 88-449 0 ... ....... lots yl + 11 NOa111tUlInIN110N i (• n•r•nl Nlot NII+K/� j �, Yt1M Gue1N1 et. � ;;�w • 'to ! •,... y ' i ►aIMt IIe ? 1M1 NI lap to \•a. 16 ti to IY\.••�� it►o111wal T MI its It i r•UUga E DIA40CKA t1 , slit- s � . \• p /... q O to tlNlval Nw = t1/1Nn/..rw1 I400.1t lot .Iq ltt rlNH NI 1H 11 ..",Woo 11 t _ __ • Nw sill( NO�IH MIAMI ; 1/ rt hate Clot IT Ito It lot V 11 /Y111 1 Nlf Its it If o Ih • HIAI[AH 5 alw/lft 4 1 '► j i r1,. p r r e/Mi t w1_ i t i i► vivo N w nit t \tl'.94--di /III ; ae MAIIaM off" • MIAMI MIAMI r Nw 14 11 1 f IIA641 3 8 Ir.INcs = arr0►r L tv►wr 11/1.1fulfil tlwr of It. " • POW }a 11 .l •1j _ _ Nw 3411 i _. YItWM11aNa1NrNa1 3 • alr►rlal 1/..... W- +� t D YIN1111N was ••� •; a 1. 1 1111 w/11 / " + wll [ N flotilla 11 : � 11a011t ;1\y'I t,»• IaM1AW 1/111 11 •~ I Ir N1Mt1 T It Calls Iw I~ lla/b _ pigs � IN total "AT -•NII MI Piss IKtfrvattly i o CDiAI : : ry Cliff 1011IV CA�l1l : 1 OI i � � •1 ►rG•••a off 1 M doll a1N a•1 j• Iof fan tM1001 r' ' to11 e60r dlA0 .".0 1 �� plMll for I Ian 1 t ra• t..t ' { w t1 It IIPNIn Dins .•('a Nt0vo pan a I N most e a ra11pa11 M \ p w ,� " r .• 3 .ii•r • \u u• ►•' A foist an. \r 1 9 ' o � L 1 i I TO (oatl tut of Its it -- 8 Y► r$a to l I w led to 1 Q tt•.• r11M1MN I lie It IN11 at 1• to IfOM1511AD AND Iffy will I f : Mo. ldcalw ' If •\1.1Nr • • coal /Iolltta .' pall Pala 'w Figure 1. Regional Location Map s fl�3-44� \ '@Rn►k._ , . _ .III,: �` � ai• :rnnitl/•14.tn 111 tl Iwl ITII!If ljiai��l(INIi��`�,� !I!lillll!I�lIKII(!!I!lill9[i �I �I!IIII!II!��}!HIII!Ilf!il�►!11'�"" (��I[111(IIII,!;�Ill�lli;l�i'f ��1�,i1 f IN •• �e ;I +11V►lu�� ��� lllllllll! Illlllllll !II�III(I I - j Oil va - (III, ` C ••11 r( I .�; . t `. /•\ ;. ; 1• :•}ate+l�0 1' ''/�, r� -'• /' Figure 2. Area Location Map 6 89- -449 mi x Figure 3. Project Location Map 89-44f} Table 1. Parcel Descrip-ion Legal Lot Site Existing Location Description (sq. ft.) Improvements_ 438-44-46 NE 1 Ave. N 100' of Lots 1 2, 5,760 Asphalt paved talk 78 legs N 36' thereof parking lot & less E 10' of Lot 1 498 NE 1 hve. South 501 of Lots 1 & 2 4,500 Asphalt paved ' less E 10' of Lot 1 for parking lot St. Blk 78 G enerally# the NE Lot 3. less Beg. NW cor. 23,345 Asphalt paved corner of NE 1 Ave. Lot 3, S 29.50', E 50.36', lot containing and NE 4th St. N 36', S 49.95' to POB a 6,944 sq.ft., intersection & all of Lot 1s & S 100' one-story CBS of Lots 19 & 20, Blk 78 Trailways Bus Terminal Bldg. NE 5th St. +/- Parcel D-2058 a/k/a 1,136 Vacant, paved 120 ft. west of Portion of Lot 3 less driveway access NE 1 Ave. N 10' Blk 78 desc. beg. to the Trail - NW cor. Lot 3 thence S ways Bus Termi- 29.50' E 50.36' N 36' nal with the S 49.95' to POB less N 10' Metromover almost overhead 54 NE 5th St. Parcel D-2O5A a/k/a 7,495 CBS structure Lot 4, Blk 78 housing trans- formers and other electrical equipment serving the Metromover 46 NE 5th St. Lot 5 less N 10', Blk 78 7,000 A two-story CBS structure towards front of lot; A two-story wood structure towards back of lot; both divided into small apartments 36 NE 5th St. Lot 6 less N 10', Blk 78 7,000 Vacant grassy lot Table 1, parcel be§eti tion p (Cffit.flii€t�) ' Liat.lotl... _.... _ _ Lots S.l.xe.. ...... _. _ .... .... ,.. Existing SO fit. l_mprovefients_ _. 33NS 4th St* 1i5i of Lot l4lio 41.51 g►ibb Asphalt paved of Lot 15, h1k 78 parking lot 43 NS 4th Sti S 8,5' of Lot 15 Lot 8,775 Asphalt paved 16, blk 70 parking lot 51 NC 4th Sti Lot 17, blk 78 7,500 Asphalt paved parking lot 420 NS lot Ave N 50' of Lots 19 28r 5,000 A four-story. blk 78 16,299 sq.ft. CBS hotel structure Total 85,586 { i 9 SS-449 _ E >a 1 y r f:.n. The successful proposer, upon execution of a turnkey development agreement with the City, shall be responsible for completing the property acquisition at a purchase price not to exceed that stipulated in the purchase agreements directly with the current owners. The successful proposer shall be responsible for all Closing costs including reimbursement to the City in the amount of $26,300 for the cost of obtaining the two appraisals. The City and GSA reserve the right to pre -qualify proposers for acquisition and development of the site described herein or for an alternate site should one be selected by GSA and the City. E. Improvements to Site Improvements to the site include an approximately 250,000 sq.ft. Federal Law Enforcement Building designed to efficiently and securely house the U.S. Courts; U.S. Attorney's Office; U.S. Secret Service; U.S. Alcohol, Tobacco, and Firearms; U.S. Marshall's Service; and U.S. Trustees federal agencies. An enclosed walkway shall be provided to securely link the Law Enforcement Building and the existing U.S. Post Office Courthouse and Annex. Other supporting improvements include on -site parking including approximately 65 high -security spaces, vehicular/pedestrian access and circulation including a pedestrian mall along a portion of NE 4th Street with limited vehicular access, signage, lighting, and landscaping. Improvements shall be in complete and full accordance with building requirements and specifications provided by GSA. The building shall be sited to allow a second building of comparable quality, size and scale to be constructed on the site, should GSA ever desire to do so. A freestanding Federal Law Enforcement Building and specified supporting improvements are the only allowable uses of the site. F. Historic Preservation Considerations GSA has determined, and the City concurs, that construction of a Federal Law Enforcement Building on the project site will have an effect upon the adjacent U.S. Post Office Courthouse, a property listed on the National Register of Historic Places, and the Central Baptist Church, the Chaille Building, and the William H. Chaille House, properties eligible for listing on the National Register, as shown in Figure 4. "Historic Buildings Location Map." 10 88-449 ■ A W M,TCq E TERPRI ES p � Figure 4. Historic Buildings Location Map 11 88_44 f) Through consultation with the Florida State Historic Preservation Officer and the Advisory Council on Historic Preservation, all parties have agreed to implement measures to ensure that the design of the Federal Law Enforcement Building shall be sensitive to adjacent historic properties in exterior finish material, scale, massing, and setting. Project designs submitted by pre - qualified proposers in response to the Request for Proposals shall be reviewed by the Florida State Historic Preservation Officer and shall be critically evaluated by a Review Committee with respect to historic preservation concerns, among other criteria. (Refer to "Memorandum of Agreement" included herein as Exhibit 2.) G. Commitment of Funds I. Successful Proposer The successful proposer is required to provide adequate capital to finance the complete acquisition of the property designated as the project site, the planning and design, and construction of the Federal Law Enforcement Building. Qualifications submitted in response to this Request for Qualifications shall state the structure for financing and source of funding to successfully carry out all aspects of the project. The viability of the financing strategy will be assessed by an independent certified public accounting firm as a part of the qualifying process and will be critically evaluated as a part of the Request for Proposals selection process. The successful proposer shall provide funding to reimburse the City for direct costs incurred in evaluating all submissions received in response to the Request for Qualifications and the Request for Proposals. Direct costs include, but are not limited to, preparation costs, advertising, site survey, appraisal fees ($26,300) and the professional services cost of a certified public accounting firm selected by the City Commission. Payment is due from the successful proposer immediately upon execution of a development agreement with the City. 2. City Subsequent to conclusion of the Request for Proposals process, the City shall enter into a turnkey development agreement with the successful proposer for land acquisition, planning and design, and construction of the project. The City shall take possession, through purchase of the land and all improvements related to the development, from the successful proposer at project completion upon acceptance of all aspects of the project by GSA and the City. The purchase price shall be negotiated prior to commencement of construction and the estimated project cost shall be critically evaluated by a review committee in the Request for Proposals selection process. 12 AB-44y r 3. GSA On October 22, 1987, GSA entered into a lease agreement with the City for a building of approximately 250,000 sq:ft. The initial lease term is 'for thirty years with two options to renew for a period of twenty years each. The City and GSA have agreed that the amount of lease payment will be a negotiated figure calculated to reimburse the City all direct and indirect expenses incurred while facilitating the delivery of suitable office space to GSA for housing Federal law enforcement agencies. r'4 H. Tentative Proposer Selection Schedule 1. Request for Qualifications: Issuance of Request for Qualifications May 30, 1988 Pre -Submission Conference June 7, 1988 Location: Department of Development 10:00 a.m. 300 Biscayne Blvd. Way Suite 400 Miami, Florida 33131 Qualifications Submission Deadline June 30, 1988 Location: Office of the City Clerk 2:00 p.m. Miami City Hall 3500 Pan American Dr. Miami, Florida 33133 Determination by GSA and City of July 1-20, 1988 Qualifications Notification of Pre -Qualified July 20, 1988 Proposers 2. Request for Proposals: (NOTE: PARTICIPATION LIMITED TO PRE -QUALIFIED PROPOSERS ONLY) Pre -Qualified Proposers Conference July 21, 1988 Location: Department of Development 10:00 a.m. 300 Biscayne Blvd. Way Suite 400 Miami, Florida 33131 Issuance of Request for Proposals July 28, 1988 Proposal Submission Deadline October 28, 1988 Location: Office of the City Clerk 2:00 p.m. Miami City Hall 3500 Pan American Dr. Miami, Florida 33133 13 SS-44S z � r 17 fr ; F 7 1 Determination by GSA and City November 1-4, 1988 of Proposal Submissions Responsiveness to RFP Requirements Review 'Committee Meeting for November 11, 1988 Evaluation of Responsive Proposals Review Committee Interviews with November 22, 1988 Responsive and Responsible Proposers Recommendations from the Review November 30, 1988 Committee to the City Manager Recommendation from the City Manager December 8, 1988 to the City Commission for Selection of a Proposer III. SUBMISSION REQUIREMENTS Submissions received in response to this invitation for professional qualifications shall meet all requirements specified herein. Submissions deficient in providing the required information shall be determined non -responsive to the Request for Qualifications by GSA and the City and ineligible from any further consideration. A. Composition of Provosina Team GSA and the City are seeking professional qualifications that demonstrate the proposer's ability to develop an approximately 250,000 sq.ft. building to be occupied by U.S. Law Enforcement Agencies in Miami including site acquisition, planning and design, financing, and construction. The proposer and the professional consultants possessing the required expertise may be provided from one firm constituting all the required professional services or may be provided from among several firms constituting all the required professional services. Subconsultants may submit on more than one team, however, the proposer or its principal(s) and professional consultants shall only submit as part of one submission and shall not be the proposer or its principal(s)and consultants in any other submission. The proposer responding to this invitation shall demonstrate professional expertise in the following: I. Financial capability: proposer shall possess ability to obtain adequate financing for all aspects of the project. 14 HS-449. a 04 The development team assembled in response to this invitation sha11, at minimum, demonstrate professional expertise in the following disciplines: 1. Architectural: shall be registered to practice architecture in the State of Florida as required by FS Chapter 461, Part I. Architecture; 2. Landscape Architecture: shall be registered to practice «•, landscape architecture in the State of Florida as required by FS Chapter 481, Part II. Landscape Architecture; 3. Engineering: shall be registered to practice engineering in the State of Florida as required by FS Chapter 471, Professional Engineers; 4. General Contracting or Construction Management: shall be licensed as a general contractor in the State of Florida or Dade County; 5. Security Design; 6. Interior Design; 7. Historic Preservation. B. Minority Participation Respondents shall be required to comply with all applicable federal, state and local affirmative action legislation and regulations, including City of Miami Minority and Women Business Affairs Procurement Program Ordinance No. 10062," included in Appendix A. Ordinance No. 10062 sets a goal of awarding a minimum of 51% of the total annual dollar volume of all procurement expenditures to blacks, hispanics and women -owned business enterprises to be apportioned as 17% each. F:- Minorities shall be an integral part of the development entity. For the purpose of pre -qualifying proposers, the minimum requirement for minority participation is a 34% risk interest or ownership right in the development entity held by minority participants representing all of the minority groups (blacks, hispanics, and women) in any combination thereof, but in no event shall any of the individual minority participants hold less than a 5% risk interest or ownership right in the development entity. in order to comply with this minority participation requirement, respondents shall submit affidavits from each minority participant declaring their percentage interest in the development entity. 15 m SS-449 All participants comprising the development entity must submit financial data as required in Appendix B. Financial Disclosure, Form B-7. C. Format and 'Content of Submission Interested development teams comprised of the disciplines and the ranges of experiences outlined in Section III.A. must submit one (1) original and five (5) copies of a complete submission package of qualifications in an B-1/2" x 11" bound format. M � � Submissions must include the following: 1. A completed "Declaration" form included in Appendix B. 2. Completed Professional Information and Financial Disclosure forms included in Appendix B entitled as follows: a. "Organizational Structure" b. "Proposer" C. "Partnership Statement" or "Corporation Statement" d. "Proposer's Financial Data" e. "Proposer's Experience Statement f "Proposer's Questionnaire" g. "Proposer's Financial References" h. "Proposer's Project References i. "Proposer's Professional Consultants" j. "Experience of Proposer's Professional Consultants" k. "References of Proposer's Professional Consultants" 1. "References of Proposer's Professional Consultants M. "Experience of Proposer's General Contractor or Construction Manager" n. "Proposer's General Contractor or Construction Manager Questionnaire" o. "References of Proposer's General Contractor or Construction Manager" 3. A financial strategy detailing the source and structure for financing site acquisition and for construction of improvements. Include the specific percentage of debt and equity. Materials other than those specified in Subsections C.1.,C.2., and C.3. herein shall not be considered and shall not be submitted. No 'additions, modifications or substitutions shall be made to the responses subsequent to the submission deadline. 16 I 88-449 04 D. submission Instructions - Submissions identified as "Professional Qualifications for rt Development of a Federal Law Enforcement Building, Miami, Florida" must be received at: City Clerk's office city of Miami Miami City Nall 3500 pan American Drive +, Miami, Florida 33133 not later than: 2:00 p.m. Thursday, June 30, 1988 accompanied by: A non-refundable cashier's check in the amount of $1,500, payable to the City of Miami. The time deadline and location will be firmly adhered to by GSA and the City. No submissions, including the original submission, all copies of the submission and a cashier's check, shall be received after 2:00 p.m., June 30, 1988, or at any other City office location except the City Clerk's Office. Funds received from non-refundable cashier's checks are intended to cover actual expenses for advertising, prin6ing, and mailing incurred by the City in preparing and issuing this Request for Qualifications document. 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.G.1. above. IV. QUALIFYING PROCESS The qualifying process, as implemented by this solicitation, is the first phase of.a two phase selection process for a successful proposer, as described in Section II. above, for development of a Federal Law Enforcement Building in downtown Miami. A. Review of Submissions for Compliance and Professional Qualifications Submissions shall be reviewed initially by a committee consisting of representatives from GSA and the City for compliance to all requirements set forth herein. Each submission shall be checked to ensure that: 17 M 88-448 f; e r�.ar�ir.� 4 .' •i i'� ■ 1 I. the development teams comprise required professional expertise (refer to Section 111.A.); 2. all forms have been correctly completed for the entire development team (refer to list provided in Section 3. the architectural, landscape :architectural, and engineering professional consultants are currently registered to practice in the State of Florida in «, accordance with Chapter 481, Part I; FS Chapter 481, part I1; and FS Chapter 471, respectively, and the general contracting or construction management firm is currently licensed to practice in the State of Florida or Dade County; 4. a complete and substantiated financial strategy has been submitted; 5. minority participation has been clearly demonstrated, affidavits are attached, and minimum requirements have been met; and 6. the required number of copies and one original of the submission are received by the deadline date and time and at the correct location. Submissions failing to meet any of these requirements shall be eliminated from the qualifying process at'this point. B. Review of Submissions for Capability to Successfully Undertake and Complete the Project Submissions shall be further assessed by the committee and where applicable, an independent certified public accounting firm selected by the City Commission, to determine that the submissions favorably demonstrate the following: 1. financial capability of proposer sufficient to successfully undertake and complete this project; 2. proposer's track record of financing similar projects in magnitude and scope sufficient to successfully finanace this project. 3. viability of financial strategy, financing mechanism, and funding sources; 18 t 88--44S 4. architectural/engineering capability and range of experience sufficient in scope, complexity and adequacy of personnel to successfully undertake and complete this project; S. general contracting or construction management capability and range of experience sufficient in scope, complexity, and adequacy of personnel to successfully undertake and complete this project; 6, good past performance in project administration and in cooperation with former clients; 7. good past experience record; and 8. ability to meet time schedules and budgets: Respondents that meet these (Subsection B.) and the previous requirements (Subsection A.) shall be qualified for this project and invited to respond to the Request for Proposals for development of the Federal Building. Each respondent shall be notified in writing of the committee's findings. The findings of the committee shall be final and binding. 19 88-44S I 4 r R ji r a 7.tt1, c i APPENDIX b DECLARATION• PROFESSIONAL INFORMATION, AND FINANCIAL DISCLOSURE FORMS Declaration Organizational Structure Proposer Partnership Statement or Corporation Statement Proposer's Financial Data Proposer's Experience Proposer's Questionnaire Proposer's Financial References Proposer's Project References Proposer's Professional Consultants Experience of Proposer's Professional Consultants References of Proposer's Professional Consultants Proposer's General Contractor or Construction Manager Experience of Proposer's General Contractor or Construction Manager Proposer's General Contractor or Construction Manager Questionnaire References of Proposer's General Contractor or Construction Manager I , , 85-449 0*4 0 DECLARATION, PROFESSIONAL INFORMATION, AND FINANCIAL DISCLOSURE FORMS A submission containing professional qualifications for the development of the proposed federal Law Enforcement Building shall not be considered unless all the information requested in the attached forms is provided by the proposer. Statements must be complete and accurate. Omissions, inaccuracy or misstatement shall be cause for rejection of a submission. Statements and answers relating to each question on the attached forms may be answered on the page on which the question is found or by attaching 8-1/2"xll" supplemental sheets. Photographs or other illustrative materials should be placed in an envelope identified by the proposer's name and address and identified by name of the form to which the supplemental material is applicable. By submission of professional qualifications, the proposer acknowledges and agrees that the City of Miami and the U.S. General Services Administration have the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained within the submission, and authorizes the release to the City and the U.S. General Services Administration of any and all information sought in such inquiry or investigation. B-1 C a 619CLARATtON Cesar H. odio City Manager City of Miami, Florida Thomas E. Davis Assistant Regional Administrator U.S. General Services Administration Atlanta, Georgia Submitted 1988 The undersigned, as proposer, declares that the only persons interested in this submission are named herein, that no other person has any interest in this submission, that this submission is made without connection nor arrangement with any other person and that this submission is in every respect fair, in good faith, and without collusion or fraud. The proposer further declares that he leas complied in every respect with all of the instructions to proposers, that he has read all addenda, if any, and that he has satisfied himself fully with regard to all matters and conditions with respect to the submission of qualifications to which this submission pertains. The proposer states that this submission is based upon the document entitled "Request for Qualifications for Development of a Federal Law Enforcement Building" and addenda, if any. Signature Title Z Name of Firm, Individual, or Corporation B-2 Signature Title Jtr SS-44S A 0 4w ORGANIZATIONAL STRUCTURS In graphic form, provide the organizational structure of the development team indicating the proposer, the proposer's professional consultants, general contractor or construction manager, and any subconsultants by name of fitta or individual, and areas of responsibility. Telephone No. .... The proposer is a Sole Proprietorship ( ) ; Partnership Corporation ( ); or. In the event this entity is being formed for the sole purpose of the Federal Law Enforcement Building project; provide information on the firm(s) and/or individual(s) that comprise this new entity on the attached "Proposer" forms. j t i } fl8-449 B-4 !7 $I .. , ,fir<• r 71 a : nY ""Fc,ti..+-•^r-n — - �. ... ,..,,•. , .+..�_ -. r . TS".�'''w�°r"'N 1 p j _.: t ';4'. E .; �: ! j j PARTMERSHIP ' STATEMENT if proposer is a partnership, answer the following. 1. bate of organization' 2. General partnership ( ) Limited partnership 3. Statement of partnership recorded Yes ( ) No ( ) Date Book Page Counter State 4. Has the partnership done business in the State of Florida? Yes ( ) No ( ) When? Where? 5. Name; address, and partnership share of each general and limited partner. (If partnership is a corporation complete the following page for corporation.) General/ Limited Name Address Share 'i 6. Attach a complete copy of the Partnership Agreement. �38-44.9 B— 5 i a n do Y .:!'rv' `N"?e1[�•�Yn !� ... .— "I +am¢Yp�Y41I f^q^ c i D CORPORATION' STATEMENT If proposer is incorporated, answer the following: 1. When incorporated? 2. Where incorporated? 3. Is the corporation authorized to do business in Florida? Yes ( ) No ( ) 4. The corporation is held: publicly ( ) Privately ( ) 5. If publicly held, how and where is the stock traded? 6. List the following: Authorized Issued Outstanding (a) Number of voting shares: (b) Number of nonvoting shares: (c) Number of shareholders: (d) Value per share of Common Stock: Par $ Book $ Market $ 7. Furnish the name; title, address and the number of voting and nonvoting shares of stock meld by each officer and director and each shareholder owning more than 5% of any class of stock. if more than 5% of any class of stock is held by one or more corporations.' then each owner -corporation must also complete separate pages (type corporation name on said pages for identification purposes) and furnish the financial statement required. If said owner -corporation are owned by other corporations, then these other corporations must also complete separate pages (type corporation name on said pages for identification purposes) and furnish the financial statement required for proposer. The City requires information on all corporations that directly or,., indirectly . have an ownership interest in the proposer - corporation. 8. If an individual or corporation will be guaranteeing performance of the proposer -corporation; state name here and also complete pages and if corporation type corporation name on said pages for identification purposes), furnish financial statement required for the individual or corporate guarantor. ©-6 pROpOSBROS MANCIAL DATA Proposer, owner -corporations of proposer, and any person or business entity guaranteeing the performance of the proposer shall attach a complete financial statement prepared in accordance with standard accounting principles, reflecting current financial condition. The financial report shall include a balance sheet and annual income statement. The person or entity covered by the statement must be prepared to substantiate all information shown. Indicate which entities or persons shall be responsible for financing this project and demonstrate their track record for obtaining financing of projects of similar magnitude and scope including those where a site was acquired. 0 B- 7 SS-449 f%r raZ IMPOSER'S EXPERIENCE Describe in detail the duration and extent of your development experience with special emphasis upon experience related to commercial developments of similar magnitude and scope of the proposed Federal Law Enforcement Building. Also, state in detail the names and pertinent experience of the persons who will be directly involved in development of this project. In addition, please include photographs or other illustrative material depicting projects that will demonstrate your ability to complete a quality development for the Federal Law Enforcement Building. The name and address should be given for each project identified as well as persons familiar with the development who will respond to inquiries from the City and the U.S. General Services Administration. You should also identify your specific role in each project. s8-445 B-8 4 PROPOSM' S QOSS'TtONNAM Surety information Has any surety or bonding company over been requited to perform upon your default? Yes ( ) No ( ) If yes, attach a statement naming the surety or bonding company, date, amount of bond, and the circumstances surrounding said default and performance. Bankruptcy Information Have you ever been declared bankrupt? Yes ( ) No ( ) If yes, state date, court jurisdiction, amount of liabilities, and amount of assets. Pending Litigation Provide attached sheets detailing information regarding pending litigation, liens, or claims involving any participant in the submission. 88-'44S B-9 s, xr� { d _ d ; q. t PROPOSER' S FINANCIAL' R PERUCES List three banks or mortgage companies with whom you have conducted business transactions during the past three years. At least two of the references named are to have knowledge of your• debt payment history. Reference No. 1 Names Firms Titles Address Telephones Description of business transactions. If loan, give date, amount, t; type, repayment history and other comments. Reference No: 2 Name: ! a Firm: n Titles r Address: k f f Telephone: .. Description of business transactions. If loan, give date' amount, i type; repayment history and any other comments. SS-449 B-10 k :' I - {t r t PROPOM'S FIRANCIAL-MPOICUCES CONT6 M, B-11 SS-449 OMPOSER' S pRbd'ECT' RMPERENCES List three persons or firms with WhOM y6u have Cotpleted �3rc��e�ts during the past three years, Telephone: Nature and magnitude of business association: i a-12 i - E } 4, li i • r � f, •6:, j i �i JJ11 .s 01 El PROPOSERS PROFESSIONAL CONSULTANTS NOTE: If more than one firm is to be involved in providing professional consulting services, then a separate form shall be completed for each firm. Name; address and telephone number of professional consulting firm: Name Street Address Mailing Address City, State, Zip Code Telephone Number Professional discipline (i.e. architecture,' landscape architecture, engineering; etc.) and State of Florida professional registration numbers Discipline Registration Number Discipline Registration Number Discipline Registration Number Names of principals and their titles who will be chiefly responsible for the design of the Federal Law Enforcement Building. , Name Title Name . flame Title Title B-la 88-449 f ` �r i „ 0 PROPOSER I S pSdPSSStONAL -_CONSULTAMIS. -_,CONT,. Names; addresses and telephone number of other design subconsultants who will have a major role in designing the Federal Law Enforcement building. Name of Firm Stre4t Address Mailing Address City, State, 'Lip Code Telephone Number Name of Contact - Name of Firm �8-44�1 B-15 << 1 -. � `i�*}Sti• dowry+?.io ,. t r,1xs F�? rT, ¢aF' � .. � ` �,. � it �t ��� I �,��•�. ;r EXPERIHNCE OF PROPOSER' S PROPESSIONhL CotISULTANTS 1. NOTE: If more than one firm is to be involved in providing professional consulting services then a separate form shall be completed for each firm. Describe in detail the duration and extent of your experience with special emphasis upon experience related to commercial development of similar magnitude and scope of the proposed Federal Law Enforcement Building. Also, state in detail the names and pertinent experience of the principals who will be directly involved in the project. In addition; please include photographs or other illustrative material depicting projects that will demonstrate your qualifications to design a quality development for the Federal Law Enforcement Building. The name and address should be given for each project identified as well as for persons familiar with the development who could respond to inquiries from the City, and the U.S. General Services Administration. You should also identify your specific role in each project. B-16 • '.r V UPERENCEN OP : _pROpbRRR' S PROFESSIONAL CONSULTANTS NOTICs if more than one firm is to be involved in providing professional consulting services then a :separate form shall be completed for each firm. List two persons or firms for whom you have completed projects during the past three years. Reference No.'1 Name: Firms Titles Address: Telephone:.. Nature and 'magnitude of business association: Reference * No. 2 Name: Firm: Title: Address: .... Telephone: Nature and magnitude of business association: B-17 88-44`s i. :l F f r ` r r r6: 4 0 PROPOSER`5 09I48t AL' CONTRAOMR._ORCONSTRUCTION MhNA09R Name, address and telephone nwnber of general contractor or construction managers Name Street Ad Tess Mailing Address City, State, Zip Code Telephone Number General Contractor License No.: Specify: �a 4 . S. 'tti. a to -IN EXPERIENCE OF PROPOSER'S GENERAL CONTRACTOR OR CONSTRUCTION NANAGER Describe in detail the duration and extent of your experience with special emphasis upon experience related to commercial developments of similar magnitude and scope of the proposed Federal Law Enforcement Building. Also, state in detail the names and pertinent experience of the principals who will be directly involved in the project. In addition, please also include photographs or other illustrative material depicting projects that will demonstrate your qualifications to construct a quality development for the Federal Law Enforcement Building. The name and address should be given for each project identified as well as for persons familiar with the development who could respond to inquiries from the City and the U.S. General Services Administration. You should also identify your specific role in each project. B-19 I '.:._n—e'.'M'n"�'S'g �.� ._Yen.,. •+.. ...r -..w .. ........ .. .. r.-. �..._... ._.R..... ... , .. �_'• PROPOSERS'S oENEML CONTRACTOR oRooNsTRUCTION MANA ajoR QUESTIONNAIRE Surety Information Has any surety or bonding company ever been required to perform upon your default? Yes ( ) No ( ) If yes, attach a statement naming the surety or bonding company, date amount of bond, and the circumstances surrounding said default and performance. Bankruptcy Information Have you ever been declared bankrupt? yes ( ) No ( ) If yes, state date, court jurisdiction, amount of liabilities, and amount of assets. Pending Litigation Provide attached sheets detailing information regarding pending litigation, liens, or claims involving any participant in the submission. s-ao SS-449 { r' � j�na cat i i o 0 e nFACRENCES '_OP - PROPOSER'-S, G RML _+CON"rMCT-Oft Ott CONSTRUCTIONM"hGER List two persons or firma with whom you have rompieted projects during the past three years, iteference No ' 1 B-21 88-449 r t� f i 4e .eJ¢ " 6 ttr t tia+ If F- CITY Ot MIAMI. FLORIDA n""m 114TEN-OFFICIt MEMOORA14DUM to Cesar H. ddio City Manager +rloM John J. rx)p4lan, :'Jr. i neputy City Attorney Dart may 12, its$ n►e. ""'t" Recommendation rat RFQ for Federal taw enforcement Ruilding AtI111tM1Ct• As you are aware, in response to the request from John Gilchrist for a legal opinion as to the validity of the addendum to the "Request for Qualifications for Development of a Federal Law Enforcement Building", this office rendered the attached opinion. Subsequent to the public disclosure of the opinion that the addendum was invalid since it was not authorized and approved by the City Commission, numerous protestations and challenges have been made regarding the RFQ and addendum resulting in a delay in the developer selection process. In view of the continuing controversy surrounding the RPQ and, more importantly, in an effort to maintain the integrity of the selection process, I hereby recommend that the City exercise its right to reject all qualifications submissions as provided in the Public Notice of the RFQ. Specifically, it is stated that: The City of Miami and the U.S. General Services Administration reserve the right to waive any irregularities in any submissions, or to reject any or all qualifications submissions 'and to rea vert se for new su m es ons. (Emphasis added.) If I may be of further assistance in this matter, please contact me. 9g-44 �'4 „L.k4%�-7Nl'1 1 rt� r LAW IlEF1 ei5•Y �� '�iaMt. h�6MIbA INTER•OrPICE MEMORANDUM .04 John 8. Gilchrist ��•e DirOCcor Department of Development. I .00%6 Unda y [CEro5.4 Ass;is n City Attorney April 28, 1988 .. MrA-88-021 Legal opinions Validity of Addendum to RFC) for Developer of a redeval Law 8nforcement Building This memorandum is provided in response to your request for an opinion on substantially the following question: WHERE THE CITY COMMISSION BY RESOLUTION AUTHORISED THE ISSUANCE OF A REQUEST FOR QUALIPICATIONs FOR DEVELOPMENT OF A FEDERAL LAM ENFORCEMENT BUILDING ("RFQ-) "HIC8 IMPOSED ON DEVELOPMENT TEAMS CERTAIN REQUIREMENTS FOR MINORITY PARTICTPATIONP CAN SUCH REQUIREMENTS BE ADMINISTRATIVELY MODIFIED BY AN ADDENDUM WITHOUT CITY COMMIsSION AUTHORIZATION? The answer to your query is in the negative. The facts as presented to me upon which I based this conclusion are as follows: 1. On March 10, 1988, the City Commission by Resolution No. 88-232 authorized the issuance of a Request or 4ualifications (RFO) in substantially the form attached to the Resolution, inviting interested and experienced development teams to submit professional qualifications for the development of a federal law enforcement building. 2. During the discussion of the RFQ at the Commission Meeting, Commissioner ttennedv addressed the issue of the minority composition of the development teams. Commissioner Kennedy emphasized that the minority participation should include all three minority groups, not just two groups in any combination thereof. The full body raised no objections to her request. (See March 10, 1988 City Commission minutes, pg. 99-44 , 143-144). T N o ' ` iE. 0 7 L A W b r= I=' T LoCtA A. bougherrty Apfil 28, 1908 City Attorney gaga 2 -- The RFQ was issued on March 15. 1988 with the submission requirement for "Minority Participation within Proposer's bevelopment Team" stated as follows: "Minorities are expected to he an integral part uE the development team submitting professional qualifications. ror the purposes of pre -qualifying proposers, the minimum requirement for minority participation within the development team shall he 34%. Therefore, the composition of the dd�ev__e�llo,ment team will be assessed toilet —ermine that at least 341 of Its named members are minority participants of any combination of Blacke, Hispanics and Women minority groups; however# the 348 participation must include representation by all of the minority groups." (emphasis added.) 3. In the cover letter included in the RFQ written by Cesar H. Odto and Thomas E. Davis (U.S. General services Administration) the development teams were advised: "AtI questions or requents for additional information should be addressed in writing to Cesar H. Odiop City Manager. Any response that could potentially impact submissions will be furnished to all proposers in the form of addendum." 4. on or about March 28, 19880, John E. Gilchrist, Director of the Department of Development, received a letter from one of the proposers posing several questions, one or which ways $39-449 A I 1 fi.►�'�'—.� —i =e TN1_1 ONE. t 0S L►4Ll i:E�-T � 1- 4 Lurin A. ildugheety April M 19A City httorney Page 3 "4, on page 1S of the RPQ the follrwinj statement appears: "The composition of the development team will be assessed to determine that at least 34% of its named members are m nor ty partici- pants. ." (emphasis Added. h. We would appreciate a clarification of the words "development team." R. is it required that members of the develop- ment team hold equity in the development entity? C. will the City of Miami minority partici- pation requirements be imposed in connection with the professional and Construction contracts?" S. On or about March 30, 1988, John Gilchrist, sent Addendum 1 to those in receipt of the RFQ to clarify questions received in writing from potential proposers. Tn response to the aforementioned question (i.e. 48), Mr. Gilchrist stated: "All members of the development team are n tt- required to hold equity in tTie' development entity. However, in order to meet the 34% mminoorly participation requirement, 34% equity must be held by minority participants representing all of the minority groups (Blacks, Hispanics, and Women) in any combination thereof." (emphasis added. 98-449 L• S T H 1_I ^ S t 0 t L is t•i D P T Lucia A, nougherty City Attorney April 28, 19AR Page 4 61 The proposals were received on April ls, 19080 hr9ument Pursuant to Section 166.021(1), Florida Statutes as provided in § 2(b), Article VITI of the State Constitution, municipalities have the governmental, corporate, and proprietary powers to enable them to conduct municipal government, perform municipal functions, and render services, and may exercise any power for municipal purposes, except when expressly prohibited by law. One such Power granted to municipalities is the authority to adopt Resolutions. In accordance with Section 166.041, 1(b), Florida Statutes, "Resolution" means an expression ee a overning body concerning matters of administration, an expression of a temporary character, or a provision for the disposition of a particular item of the administrative us nes9 of the___govern_ing__bod� emphas s supplied. A resolution is not a law and as, previously stated, is ordinarily temporary, whereas an ordinance prescribes a permanent rule of conduct or government. However, certain of the statutory requirements as to the enactment or amendment of municipal ordinances also apply to adoption of municipal resolutions. Por example, adoption of a resolution requires an affirmative vote of a majority of a quorum present of the governing body of the municipality. The City Commission is the only entity empowered to adopt, modify or amend resolutions. In terms of the competitive selection process, the Supreme Court has determined that it is within the province of the overning body of a municipality to establish the requirements or the selection of a successful bidder. The Court in Wester v. Belote, 103 Fla. 976, 138 so. 721 (1931), opined: It is the duty of gublic officers charged with the responsibility of letting contracts under the statute to adopt, in advance of calling for bids reasonable det Hite plans or 9S-449 y. j M J4 N' - , l - E: T H LI 1"'t r-'. S 0 '3 L. n W rl E In T r i Lucia A. Doughett,y City Attorney April 20, 1909 PACJO 5 specifications, as a basis on which bids may e receive?.""'" Such officers,' in view of such requirement, are without power to reserve in the plans or specifications so prepared in advance of the letting the power to make exceptions, releases, and modifications in the contract after it is let, which will afford opportunities Ear favoritism, whether any favoritism is actually practiced or not. Neither can they include other reservations wTi'ch t ei r necessary effect wi ren er it impossible to make an exact com orison of t e bids. (emphasis supplied.) Although wester specifically dealt with the Invitation for Bids procedure; the principles articulated therein are applicable to the RPQ process. Accordingly, the Pity Commission exercised its legislative discretion in the enactment of Resolution No. 88-232. In performing this official act the City Commission estah s ed via of the RFQ, the requirements and the criteria upon which development teams would qualify to proceed to the next phase of the selection process for the developer of the Federal Law Enforcement Building. Such requirements were that 34t of the development team must be comprised of a combination of all three minority groups and not that 34% of the equity partners must he represented by all three minority groups. significantly, the Resolution authorized the issuance of the RFQ in "substantially the form attached." The City Manager, pursuant to the Charter, holds office subject to the will of the Commission and he performs his duties as may be required of him by ordinance or resolution of the Commission. (See, gen. Sec. 16(g), Charter, City of Miami). Department Directors conduct the affairs of their departments in accordance with rules and regulations made by the City Manager. (See, gen. sec. 20, Charter, City of Miami). Thus, it has been the policy and practice of the City Administration to refrain from modifying a document that has been authorized and approved by the Commission in "substantially the form attached." Arguably, the Commission in authorizing the issuance of the RFQ with the cover letter, also authorized the City Manager to answer in an addendum all questions or .requests for additional information regarding the RFQ. However, in the instant situation, the addendum presumably issued to clarify the RFQ requirements, in actuality changed the 98-449 i a. ._ _.-r .. � �.. r• ........ a .i...... .,. ......,... _ _ __—_ M. M t t -t H 1_0 , . 0 S. L 14 IJ b T ^` � ra � U iA A, Ooughetrty April 28, 1999 City Attorney pigs 6 requirements for minority participation as established by the Commission pursuant to Resolution No. 88-232. While an addendum is an acceptable method For explain Ong, commenting, or clarifying, it cannot be given any force or effect if it changes the legislative intent. The Supreme Court, in Rinker Materials Cor oration v. Cityof_ North Miami, 286 So.2d F a. held that municipal ordinances are subject to the same rules of construction as are state statutes; that is . courts generally may not insert words or phrases in municipal ordinances in order to express intentions which do not appear, unless it is clear that the omission was Inadvertent, and must give to statute (or ordinance) the plain and ordinary meaning oiE the words employed by the legislative body. In essence, the addendum requiring 341 a uit ownership by all three minority groups was a material variance from, not an interpretation of, the RFQ which required the develo ment team (i.e, the architects, engineers, etc. to include 48 representation from all three minority groups. The RFQ clearly expresses the minority participation requirement and since that RFQ was approved by resolution of the City Commission, an interpretation is unnecessary. Logically, if the courts have determined that where words used in a legislative act clearly express the legislative intent, other rules of construction and interpretation are unnecessary. Here, the administrative act in question, the addendum, contravenes the official directive of the City Commission. Conclusion in application of the general principals discussed above, it may be concluded that the addendum with respect to changing the minority participation requirements is invalid since it was not authorized and approved by the City Commission, LIEN/dh/M028 l 9S-449 f