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HomeMy WebLinkAboutItem #22 - Discussion Item3/15/88 RESOLUTION NO. A RESOLUTION AUTHORIZING THE ISSUANCE OF A REQUEST FOR PROPOSALS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR A UNIFIED DEVELOPMENT PROJECT FOR THE DEVELOPMENT OF A FULL -SERVICE BOAT YARD FACILITY, MARINA, AND ANCILLARY MARINE -RELATED RETAIL USE ON AN APPROXIMATELY 12.57 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 DRIVE, MIAMI, FLORIDA: SELECTING A CERTIFIED PUBLIC ACCOUNTING FIRM AND APPOINTING MEMBERS TO A REVIEW COMMITTEE TO EVALUATE PROPOSALS AND REPORT FINDINGS TO THE CITY MANAGER AS REQUIRED BY CITY OF MIAMI CHARTER SECTION 53(c). WHEREAS, the City of Miami Charter Section 53(c) allows for "Unified Development Projects" whey ' terest in real property is owned or is to be acquiredb t and is to be used for y � he y development of improvements; and V WHEREAS, on March 8, 198 V just such a project involving the lease of the 2640 Stith Bayshore Drive property was disapproved by the electo a \\making it necessary for the City Commission to examine gain the question of how to develop said property; and I WHEREAS, on March 1 2988, by Resolution, 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, maripa, and ancillary marine -related retail use; and WHEREAS, Section 53(c) of the City Charter requires that the City Commission ; /hold a public hearing to consider the contents of i the Request f Proposals (RFP); and WHEREAS Section 53(c) further authorizes, at the conclusion of the pu lic hearing, issuance of a RFP, selection of a 98-270 s t 33 ~~. 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, in a form acceptable to the City Attorney, for the Unified Development of a full-service boat yard facility, marina, and ancillary marine-related 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 may include the following elements: - Planning and design, construction and leasing; or - Planning and design, leasing and management; or - Planning and design, construction, and management; or - Planning and design, construction, leasing and management. Section 3. The certified public accounting firm of is hereby selected to analyze said proposals and render a written report of its findings to the City hlanager. Section 4. The following individuals are hereby appointed members of the review committee to evaluate each proposal and render a written evaluation of its findings to the City Manager, including any minority opinions: MEMBERS OF THE PUBLIC ~e-z~a • I 2 3y n Ct'l'Y IQ9PLOYE68 PA886D AND ADOPTED this ,~ day of 1988. ATTESTt MA NIRAI, C ty C er VIER L. SUAREZ, Mayor PREPARED AND APPROVED BY: APPROVED AS Ta FORM AND CORRECTNESS: RAPHAEL SUAREZ-RIVAS LUCIA A. DOUGHERTY Assistant City Attorney City Attorney 3 ~8,,.~~r4.1 13- 3 ~._tTV pc y+,avi~ rLOQ~Ca INtER-OFFICE MEMORANDUM 13 Honorable Mayor and ^°TF "~ '~~ ~ ~ F Members of the City Commission """ _ 5~e-E ~ Resolution Authorizing Issuance ~, ~ of UDP RFP;'2640 S. Bayshore Dr. ~~~ Property « .~ Cesar H. Odiu ;~ QEFEpEti,_ESPublic Hearing It•~m City Manager Fot City Commission Meeting of a•v _.oc JpF.SMarch 24, 1988; 3:30 pm RECOMMENDATION: It is respectfully recommended that the City Commission adopt tl~e attached Resolution authorizing the issuance of a Unified Development Request for Proposals (RFP) on April 11, 19138, for the development of a full service boatyard, marina, and marine- related retail use on an approximately 12.57 acre waterfront site locatzd at 2640 South Bayshore Drive; 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: The Department of Development prepared a Unified Development Request for Proposals for development of said property that was issued in January, 1967. Lease of the property to the proposer selected by the City Commission was disapproved by the eiectorat~ on March 8, 1988. On March lf~, 1988, the City Commission adopted a Resolution declaring that the most advantageous method to develop certain improvements on the property is again by a Unified Development Project (UDP) and set a Public Hearing to take testimony regarding the contents of the RFP. The attached RFP is substantially the same as that issued in January, 1987. Under the UDP process, a certified public accounting firm is selected to evaluate the financial components of proposal submissions. It is recommended that Arthur Andersen & Co. subconsulting with the minority-owned firms of Sharpton, Brunson & Cc. and Verdeja, Iriondo & Gravier be selected to analyze proposal submissions. It is further recommended that a seven-member review committee be appointed to independently evaluate proposals, comprised of four representatives of the public and three City employees as follows: / 3 -/ ~~-z~a• I 1 Honorable Nayor and Members of the City Com~niseion Page Two Members of the Public: tuart org, omthittae Chairman, The Waterfront Board The Marine Council ucker ibbs, aq., Coconut Grove Civic Club Arthur Hill, Peoples National Bank of Commerce Cit E to ees: ~dith Fuentes, Building ~ Zoning Department Clyde Judson, Public Works Department Sergio Rodriguez, City Manager's Office It is recommended that the attached Resolution be adopteQ, in its entirety, authorizing the RFP be issued on April 11, 1988, with proposals due July 11, 1988. AttachmentA: Proposed Resolution Draft RFP Z $°-s iu ~ ~ o~ UNIFIED DEVELOPMENT PROPOSALS AEGIUEST FOR FOR 2640 SOUTH BAYSHORE DRIVE MIAMI,FLORiDA APRIL 11, 1988 CITY OF MIAMI Xavier L. Suarez, Mayor Rosario Kennedy, Vice Mayor Miller J. Dawkins, Commissioner Victor 8. De Yurre, Cowmissioner J.L. Plummer, Jr. Cou~isaioner Cesar H. Odio, City Manager P Prepared by: Department of Development 3Be 6iscayne Boulevard clay Suite 4A8 Miami, Florida 33131 Tel. (385) 372-4598 Proposals Due: 2c00 p.m. Monday, July 11, 1988 3 • • TAAit O!' CONTENTS P_ age I. PUBLIC NOTICE ........................................ 1 I I . OVlSRVIEM 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 bevelopment Schedule .................... 8 III. PROPOSAL FORMAT AND LEGAL REQUIREMENTS A. City of Miami Charter Section (53c) ............. 8 B. Definitions of Uses ............................. 12 C. Commitment of Services by the City .............. 12 IV. PROPOSAL SUBMISSION GUIDBLINES, 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. CFA Firm Evaluation Criteria .................... 23 VI. TERMS AND CONDITIONS TO BE CONSIDERED IN THE LEASE AGREEMENT ............................... 23 APPENDIX A. Pertinent Legislation APPENDIX B. City of Miami Baywalk Design Standards APPENDIX C. City of Miami Minority and Women Business Affairs and Procurement Ordinance No. 10062 EXHIBIT 1. Legal Description b Existing Site Plan EXHIBIT 2. Declaration, Financial Disclosure and Professional Information Forms (NOTE: Appendices and Exhibits not included in this Oraft) y r7~7~~. /1 Q '' a~ • • I. E~UBLIC NOTICB 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. Ttie 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 fn 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. 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 Monday, April 28, 1988, 10:00 a.m., at the Department of Development. While attendance at the Pre-Submission Conference is not a condition for offering proposals, all prospective proposers are invited to attend. Proposals must be delivered to Matty Hirai, City Clerk, City Eiall, 3500 Pan American Drive, Miami, Florida 33133 by 2:00 p.m., Monday, July 11, 1988, and will be publicly opened on that day. The City of Miami reserves the right to accept any proposals deemed to be in the best interest of the City, to waive any irregularities in any proposals, or to reject any or all proposals and to re-advertise for new proposals. Any proposal deemed by the City Manager to be non-responsive or to not meet the minimum requirements of this Request for Proposals shall be rejected by the City prior to the Unified Development Project evaluation process. In making such determination, the City's consideration shall include, but not be limited to: the proposer's experience, capability of the development team, the dollar amount return offered to the City, the proposer's financial qualifications, the overall project design, the extent of minority participation, and the evaluation by the City of all information submitted in support or explanation of the proposed development of the property. Cesar H. Odio City Manager Adv. X0972 1 5 ee-zMro • i ~ ~ II. OVERVIEW A. Summary The City of Miami is extending invitations to quatified 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/private utilization 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 2640 South Bayshore Drive within the Dinner Key area as shown in Figure 3. Project Location Map. The property is bounded generally on the east 2 6 ~Q~"~~ ~ ~ s to NOMlS/IA0 ANO R!1' WlS/ Figure 1. Regional Location Map 3 • r W ' 4 ~~. S T. ~--r~zrT~ DOWNTOWN MIAMI ','; a Av ~Ft10MT~~ ` ~:PAKK P• O,~ •o. ui F ~ N~ ~,. i• • ,: t `.~~E P• x '' ~ I ;. ~ ~ ~•~ ... V AV. COQ` ~ .~~sAtn ~ ~~i f`'"• ••'ISLE ~ eP .•,,.- .<~GITT MALL 2640 SOUTH DAYSHORE ~ ~~ ©' ~••' pRIVE PROPERTY ! ;`' :~ i ~ '~OINNER KEY %~ MA11tMA =l~ .~• ~/ .: • Q~ /% !% 8 i sca yn a Bay ~, /~ __ _M I A M I _C IT_Y_ LI_M I T S ______ _ ..1 GORAL GABLES CITY LIMITS ? . Figure 2. Area Location Map a ~s-z~o•~ ~ ~ ~ J F• m J Z a W =a ~ = F- a ~ ~ v ac ~~ Yoh ~ ~ N a ~ dbti ti~ o ~ > w a N O ~ ~ O ~ ~ } }. ~ F_- m V Wm ZJ a`-' v ~- NS mQ =%: ~ Y ,_.'~ O ~C}9 .:~ i • c W ~ T ~~ Q d !Z ~_ O a oa^ ~ a _~,r--,~-, . s a e 0 :• a u 0 M V m V rn {L R8-2'70 • I ~ ~ by Biscayne Bay and generally on the west by City of Miami park property adj~-cent to South Bayshore Drive. A~9jacent leaseholds on City-owned property generally to the south include Grove Key Marina 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. 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 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 6 Recreation. The bay bottom acreage is a part of Biscayne Ba y, 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 t1~e lease agreement with the City in July, 1984, 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. 6 !O RB-'z~a • ~ 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. 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 . City The City intends to provide no direct financing to the development. 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 schedule in no case will allow the lease term to exceed the year 2012. 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 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. All leasehold improvements shall revert to the City upon the expiration of the lease term. 2. Successful Proposer The successful proposer is required to provide capital adequate to finance all aspects of the Development of the property. Proposals shall market and feasibility studies to allow assessment the selected certified public accounting firm z proposal review process. equity and debt proposed Unified include adequate and evaluation by ~s a part of the 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. 7 ~~ ~8`~a ~~ t F. tMified Development Schedule (Anticipated) issuance of Request for Proposals April 11. 1988 Proposal Pre-Submission Conference April 28, 1988 Location: Dept. of bevelopment 10:00 a.m. 300 Biscayne Blvd. Way Suite 400 Miami, Florida Proposal Submission Deadline July 11, 1988 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 July 12, 1988 Review Committee Meetinq July 18, 1988 CPA Firm Evaluation of Proposals Complete August 1, 1988 Review Committee Interviews with Qualified Proposers August 8, 1988 Recommendation from the Review Committee and CPA Firm to the City Manager August 23, 1988 Recommendation from the City Manager to the City Commission for Selection of a Proposer September 8, 1988 ZIZ. PROP08AL FORMAT AND LBGAL RBQUIREMBbfTB A. The CITY OF MIAMI CHARTER, Section 53(c), provides the following: UNIFIED DEVELOPMENT PROJECTS Definition Unified Development project shall mean a project where an interest in real property is owned or is to be acquired by 8 l2 X98-~'y4 ~t ~ ~ 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 Cfty of Miami, one (1) or more of the following integrated packages: (i) Planning and or (ii) Planning and (iii) Planning and management; (iv) Planning and management. design, construction, and leasing; design, leasing, and management; of desiyn, construction, and ~r design, construction, leasing and So long as the person from whom the City procures one of the above mentioned integrated packages provides all of the functions listed for that package, such person need not provide each listed function for the entire Unified Development project nor for the same part of the Unified Development project. Requirements of Request for Proposals Request for proposals for Unified Development projects shall generally define the nature of the uses the City is seeking for the Unified Development project and the estimated allocations of land for each use. They shall also state the followings (i) The specific parcel of land contemplated to be used or the geographic area the City desires to develop pursuant to the Unified Development project. (ii) The specific evaluation criteria to be used by the below-mentioned certified public accounting firm. (iii) The specific evaluation criteria to be used by the below-mentioned review committee. (iv) The extent of the City's proposed commitment of funds, property, and services. (v) Tile definitions of the terms "substantial increase" and "material alteration" that will apply to the project pursuant to subsection (e)(iv) hereof. 9 !3 ~s-tea • ~ s • (vi) A reservation of the right to reject all proposals and of the right of termination referred to in sub- section (e)(iv), below. (vii) Any and all requirements set out in Section 18-52.9(c) in the City of Miami Code and fn Section 53(c) of the City of Miami Charter. (Refer to Appendix A.) Issuance of Re uest for Pro orals; Selection o .P.A. Firm; Appointment of Review Committee After public notice there shall be a public hearing at which the Commission shall consider: (i) The contents of t}:e Request for Proposals for the subject Unified Development project; (ii) 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; (iii) 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: (i) 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. 10 l ~B~~Q ~ ~ (ii) 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. (iii) Taking into consideration the findings of the aforementioned certified public accounting firm and the evaluations of the aforementioned review committee, the City Manager shall recommend one or more of the proposals for acceptance by the Commission, or alternatively, the City Manager may recommend that all proposals be rejected. If there are three or more proposals and the City Manager recommends only one, or if he recommends rejection of all proposals, the City Manager shall state in writing the reasons for his recommendations. In transmitting his recommendation or recommendations to the Commission, the City Manager shall include the written reports, including any minority opinions, rendered to him by the aforementioned certified accounting firm and review committee. (iv) 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. 11 /~ ~8"~Q ~ ~ 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 53(e)(iv)s 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 City 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)(iv) of Charter Section 53 "substantial increase" shall be defined as a 108 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 SUB!lISSION GUIDELINBS AND CONTENT A. Proposal Development Considerations Respondents to this invitation are advised that the following factors must be considered and adhered to fn the development of proj ct proposals and will be critically evaluated. 1~2 / ~b ~~'~~~ • 1. bevelopment Objective Ptoposals 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 th a 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. 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: For a minimum investment of $1.5 million, the lease term shall be 7 years plus one 3 year negotiated option to renew. For each additional minimum $500,000 investment, the base term of ~ years shall be extended by 3 years. The 3 year negotiated option to renew remains constant. i.e.: $ Investment A minimum of $1.5 million A minimum of $2 million A minimum of $2.S million etc. Lease Term 7 years plus one 3 year negotiated option to renew 10 years plus one 3 year negotiated option to renew 13 years plus one 3 year negotiated option to renew In no case shall the lease term exceed the year 2012. 13 /7 ~~Q 3. Use The principal uses of the property include a full- servfce boat yard facility and marina. The accessory use for the principal uses of the facilities includes marine-related retail space. (a) Principal Uses Uses proposed for this property are not to be construed to mean exclusive rights on City -owned Dinner Key properties. (i) Full Service boat Yard Facility A full-service boat yard facility is herein defined as a facility offering boat hauling, storage, repair and 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. (ii) Marina Facilities Proposers are required to renovate and upgrade the existing marina facilities including, but not limited 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 ~~ to repair and/or replacement of the 1,091.5' linear foot seawall. The marina shall be renovated, operated and maintained 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 provisions far 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. The marina shall include dockmaster services during normal working hours to direct docking activities and far 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 fire-fighting equipment to provide emergency services in accordance with the City of Miami Fire Code. (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 aq.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. Construction of new structures and/or refurbishing of existing hangar structures must be architecturally acceptable and will be critically evaluated in the 15 l9 ~a-tea ~ ~ '~' 5. selection process. Overall height of new structures shall be limited to SS 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 rack boat storage in the evaluation process. 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.(b) 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. AL1 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. 7. Estimated Construction Cost A detailed construction cost estimate shall be furnished for the entire proposed development. Project Financing Strategy The proposer shall provide financing for all building and site improvements including public spaces and amenities associated with the development. 16 •C1./ ~~••~a' 8. Development Schedule Etespondent shall submit a schedule delineating the proposed development schedule for each significant improvement. bevelopment shall commence within six months from the transfer of the leasehold property to the successful proposer. A reversion clause will be included within the lease agreement to insure reasonable compliance with the proposed 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 ae planned. Fifty percent of the proposed capital improvements must be completed within twenty-four months from the transfer of the leasehold property to the successful proposer. 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, haw 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 in Exhibit 2 of this document must be completed by management contractors. 10. Minority Participation Respondents will be required to comply with all applicable federal, state and local affirmative action legislation and regulations, including City of Miami Ordinance No. 10062 (Appendix C). 17 zt . ~a-z~ro •( '~' 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. 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 the following information: 1. Credentials (a) Identity of proposer, 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. (c) Complete and substantiated evidence of proposer's financial capacity to undertake the project proposed. 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 18 z ~. ~~ra •t '~ Architectural features Methods of construction Number of wet storage boat slips Number of dry boat storage spaces Number of retail entities, type, square footage Parking requirements (b) Illustrative Drawings: (Shall be board-mounted not to exceed 30"x90") 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 (ej Project Development and Operating Pro Formas including Proposed Lease Payments (f) Project Implementation Schedule (g) Market Feasibility Study 3. Additional Requirements (a) Declaration, Financial Disclosure and Professional Information as detailed in Sections VII. and VIII. of this document. (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 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. (f) Letters indicating the proposer's ability to obtain required bonds and insurance. 19 z3 X38-~2~4 { s L~ (g) Letters documenting the proposer's and development team's past e~tperience in related development and management. (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. 10@62. C. Proposal Submission Procedures Proposal submissions marked "Unified Development Proposal for 2640 South Bayshore Drive Property, Miami, Florida" must be addressed to: John E. Gilchrist Director Department of Development 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 twenty (20) copies of a complete proposal submission in an 8-1/2"x11" bound format and one set of board- wounted illustrative drawings are required to be submitted by 2:88 p.s., Monday, July 11, 1988, 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., July 11, 1988, 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 CRITBRIA Review procedures and the selection process Charter and Code of which applicable excerpts Section III. and Appendix A. of this document. 20 are set by City are included in ~~ ~e--x7o •t '~ '~" The City of Miami Commission, consisting of five elected officials. including tl~e Mayor, will select the successful proposer based on the recommendation of the City Manager. At a public hearing held March 24, 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 ft deems them not to be in the best interest of the Cfty 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 ........................158 Capability of the development team ................158 Financial capability, level of financial commitment ........................................208 Financial return to the City ......................208 Overall project design ............................20$ Extent of minority participation ..................108 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$) (a) Qualifications and experience of the proposer in development and management of marina and boat yard facilities (b) Specific experience of the proposer in development and management of the types of uses proposed 21 ~~ ~ ~ 2. Capability of the Development Team (15~) (a) pualifications and experience of project managers, team members and professional consultants (b) Specific experience oC the development team in relationship to work on development and management of the types of uses proposed (c) puality and organization of management team, method of providing operations and maintenance 3. Financial Capability, Level of Financial Commitment (20i) (a) Demonstrated financial capability of the development team (b) Viability of financing strategy (c) Substantiated feasibility of all aspects of the proposed development (d) Access to construction and permanent financing (e) Development schedule 4. Financial Return to the City (20$) (a) Annual lease payment including a guaranteed minimum annual rental payment in an amount of $350,000 or a percentage of gross revenues, whichever is greater (b) Dollar value, extent, and timing of capital improvements (c) Any additional financial benefit to the City 5. Overall Project Design (20$) (a) Fulfillment of the City's established development objective (b) Appropriateness and quality of the design as related to the character of 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. 22 ~~ ~8~~~ \~ (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 prier 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 LEASB AGRBEMENT 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 following terms and conditions: 1. Lease Term A lease term based on the schedule included in Section IV.A.2. of this document. In no case will the lease term exceed the year 2012. 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 23 7 ~~~~ 3. insurance Types of insurance to be carried by the lessee Certificates of Insurance: Evidence of compliance with the insurance requirements shall be filed with the Risk Management Division of the City of Miami prior to execution of the lease agreement. Such insurance shall be subject to the approval of the Risk Management Division. All insurance policies required must be written by a company or companies rated at least "A" as to management and Class "X" as to financial strength, in the latest edition of the Best's Insurance Guide, published by Alfred M. Best Company, Inc., 75 Fulton Street, New York, N.Y. Compliance with the insurance requirements shall not relieve the successful proposer of its liability and obligations under this section or under any other portion of the Management Agreement. Non-cancellation clause: The policy or policies of insurance required shall be written in a manner such that the policy or policies may not be canceled or materially changed without sixty (60) days advance written notice to the City. Written notice shall be sent to the Risk Management Division, Department of Finance. Damages or loss to successful proposer's personal property: The successful proposer releases the City from any and all liability, cost or expenses for damage, or loss to the successful proposer's personal property for any cause whatsoever. Right of City to obtain insurance Non-waiver of lessee's obligations 4. Performance and Payment Bond Prior to commencement of construction on the property by the successful proposer, the successful proposer shall furnish the City with a performance and payment bond in an amount to be specified to insure that the Lessee will promptly make payment to all claimants supplying labor. materials, or supplies used directly or indirectly in the prosecution of the work provided for in the lease agreement, and to pay the City all losses, damages, expenses, costs and attorney's fees, including appellate proceedings, that the City sustains because of a default by the Lessee under the Lease Agreement. 24 zg ~e-pro •t S. indemnification The successful proposer covenants and agrees that it shall indemnify, hold harmless, and defend the City from and against any and all claims, suits, action, damages or causes of action arising during the term of the lease agreement for any personal injury, loss of life, or damage to property sustained in or about the leased premises, by reason of or as a result of the successful proposer's occupancy thereof, acts or omissions to act, from the acts or omissions to act of the Cfty, and from and against any orders, judgments or decrees which may be entered thereon, and from and against all costa, attorney's fees, expenses and liabilities incurred in and about the defense of any such claim and the investigation thereof. 6. Assignment of Lease No assignment of lease agreement or any portion or part thereof, except by and virtue of action taken by the City Commission. 7. Restrictions on Use 6. Authorized principal uses Authorized accessory use Design, Engineering and Construction of Improvements Description of Improvements Developer's Obligation to Construct Improvements Submission of Construction Documents Review and Approval of Construction Documents Changes in Construction Documents Submission for Building Permit Contract(s) for Construction Conditions Precedent to Commence Construction Commencement and Completion of Construction Improvements Progress Reports Payment of Contractors and Supplies Cancellation or Discharge of Liens Filed Construction Coordination and Cooperation 9. Preparation of Premises for Development Property offered for lease "as is" Developer assurance 25 ~4 ~e--z~ro • i ~ ~ 1®. Operation and Management of Leased Premises Description of premises Operation and maintenance standards 11. 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 12. Public Charges/Fees/Taxes Covenant for Payment of Public Charges Evidence of Payment of Public Charges Utilitiess 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 l3. Maintenance, Repair and Replacement Maintenance and Repair Reserve for Replacements Waste Alterations of Improvements 14. Condemnation Adjustment of Rent Proration of Condemnation Awards Temporary Taking Award Taking Definition of Taking 15. Default - Termination Default by Lessee Default by City Obligations, Rights and Remedies Cumulative Non-Action or Failure to Observe Provisions Hereof Non-Performance Due to Causes Beyond Control of Parties Surrender of Premises Ownership of Equipment and Furnishings on Termination Party in Position of Surety With Respect to Obligations Z6 30 ~8-x7a ~ ~ 16. Examination of Premises The successful proposer agrees to permit the City Manager or his designee to enter the premises at any time far any purpose the City deems necessary to, incidental to or connected with the performance of the successful proposer's duties and obligations hereunder or in the exercise of its rights or functions. 17. Audit Rights The City reserves the right successful proposer with agreement at any time upon performance of the agreement. to audit the records of the respect to the management reasonable notice during the 18. 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. 19. Conflict of Interest The successful proposer is aware of the conflict of interest laws of the City of Miami, Dade County, Florida, and the FLorida Statute, and agrees that it will fully comply in all respects with the terms of said laws. Any such interests on the part of the successful proposer or its employees must be disclosed in writing to the City. The successful proposer, in the performance of the lease agreement, shall be subject to the more restrictive law and/or guidelines regarding conflict of interest promulgated by federal, state or local government. 20. 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. 27 3J ~s--z~a• ~-. 21. Rules and Regulations The successful proposer agrees that it will abide by any and all rules and regulations pertaining to the use of the premises which are not in effect, or which may at any time during the term of the management agreement be promulgated. 22. Compliance with Fedetal, State and Local Laws The successful proposer shall comply with all applicable laws, ordinances and codes of federal, state and local governments. 23. Minority Procurement Compliance The successful proposer acknowledges that it has been furnished a copy of Ordinance No. 10062, the Minority end 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. 24. Miscellaneous Recognition of Mortgage Requirements Notices Provisions of Law Deemed Included Haw Agreement Affected by Provisions Held Invalid Applicable Law and Construction Amendment s !i Gender and Number Mortgageable Leasehold Certificates Non-Disturbance and Attornment Agreements Memorandum of Lease Reasonableness Arbitration Good Faith Binder Correction or Modification of Descriptions 28 32 f38-2'7a ~ 1