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HomeMy WebLinkAboutR-87-0347J-87-342 3/26/87 RESOLUTION NO. 8'7-3,1 A RESOLUTION APPROVING, IN CONCEPT, THE ISSUANCE OF A REQUEST FOR PROPOSALS, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE STATE PLAZA/MIAMI ARENA MIXED USE PROJECT TO BE LOCATED ON PROPERTY CURRENTLY UTILIZED FOR MUNICIPAL LOT NO. 10 AND GENERALLY BOUNDED BY MIAMI AVENUE, N.W. FOURTH STREET, N.W. FIRST AVENUE, AND N.W. FIFTH STREET IN THE CITY OF MIAMI NOTING THAT THE PROPOSED MIXED USE CONCEPT WILL YIELD SUBSTANTIAL PUBLIC BENEFIT TO THE CITY AND FURTHER RECOGNIZING THAT THE PROPOSED REQUEST FOR PROPOSAL MEETS THE INTENT OF CITY COMMISSION MOTION 87-50 WHICH REQUESTED ALL FUTURE DEVELOPMENT -RELATED REQUEST FOR PROPOSALS TO INCLUDE BONUS PROVISION WHEN COMMUNITY BASED ORGANIZATIONS PARTICIPATE IN THE COMPETITIVE BIDDING PROCESS. WHEREAS, a Request for Proposals has been prepared for mixed use development to be located on property currently utilized for Municipal Lot No. 10 in the City of Miami which is generally bounded by Miami Avenue, N.W. Fourth Street, N.W. First Avenue, and N.W. Fifth Street; and WHEREAS, the mixed use concept incorporated in the Request for Proposals includes a 1,500 space municipal parking garage, a hotel, a heliport, and a possible terminus. for the high speed rail line currently under consideration; and WHEREAS, the proposed redevelopment project will yield substantial public benefit to the City of Miami; and WHEREAS, the Request for Proposals, as attached, is in substantial compliance with the City Commission's intent (Motion No. 87-50) to include bonus provisions in all development -related Requests for Proposals when Community Based Organizations (CBO's) participate in the competitive bidding process; olak NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI$ FLORIDA: Section 1. The City Commission hereby approves, in concept, the issuance of a Request for Proposals, in substantially the attached form, for the State Plaza/Miami Arena Mixed Use project to be located on Municipal Lot No. 10 and generally bounded by Miami Avenue, N.W. Fourth Street, N.W. First Avenue, and N.W. Fifth Street in the City of Miami. Section 2. It is hereby noted that the proposed mixed use concept will yield substantial public benefit to the City of Miami. Section 3. It is also hereby recognized that the proposed Request for Proposal meets the intent of City Commission Motion 87-50 which required that all future development -related Request for Proposals include a bonus provision when Community Based Organizations participate in the competitive bidding process. PA55ED AND ADOPTED this 9 th ATTE : ��� MATTY HIRAI, CITY CLERK PREPARED AND APPROVED BY: f 04-6A- ROBERT F. CLARK CHIEF DEPUTY CITY ATTORNEY 0 :APPRO D TO FORM AND CORRECTNESS: ! 1 . I RL'�.. 1....�e; s',_�:_t __._ .—_ ._ _.--�, __.y.. �.>r ,n@3Ls•.flt o - iw_ �_..�',.2t A. DOUGJERTY, CITY ATTORNEY ; rsr Ski• .z ) .. ! ,. N; 53 TO: Cesar Odic City Manager City of Miami FROM: Roger M. Carlton Director Department of Off -Street; Parking RECOMMENDATION DATE: March 25, 1937 SUBJECT: APRtL 9, 1987 CITY COMMISSION: AUTHORIZATION TO ISSUE REQUEST FOR PROPOSALS FOR REDEVELOPMENT OF MUNICIPAL LOT NO. 10 It is recommended that the City Commissior. approve in substantial form the issuance of the attached Request for Proposals for a mixed use redevelopment project for Municipal Lot No. 10. BACKGROUND Municipal Lot No. 10, located on property generally bounded by Wometco (north building), N.W. Fourth Street, N.W. First Avenue, and N.W. Fifth Street, is currently a 213 car parking lot operated by the Department of Off -Street Parking. The mixed use concept, as discussed in the Request for Proposals, proposes a 1,500 car parking garage and the utilization of air rights above the garage. The parking garage could serve as remote intercept parking for the downtown area and parking for the Miami Arena (900 feet to the north) and the new State of Florida office complex. Additional uses discussed in the Request for Proposals include a 250 room hotel, a heliport, and a possible terminus for the proposed High Speed Rail line. Per City Commission Resolution No. 87-50, the Request for Proposals includes bonus provisions for community based organizations participating in the competitive bid process. Additional points will also be awarded to Community Based Organizations that currently conduct activities in the Overtown community. SUMMARY Through the issuance of the Request for Proposals, community based organizations, in conjunction with the private sector, will be provided an opportunity to acquire valuable experience with a redevelopment project that will meet many community goals. Att. r ,•n uwEST FOR PROPOSALS FOR THE MIANI-ARENA - STATE PLAZA PROJECT 2 April 24, 1987 • $$ 3t'd F, i . .. 4 !t The off -Street Parking Board F y: Leslie Pantin, Sr., Chairman David R. Neaver, Vice Chairman Arthur Hertz Or. Eduardo Padron Diane Saulney Smith z, Roger Carlton, Executive Director F 4t: Proposals Due. 4D0 • PM August 14, 1987 . at the City of Miami Department of Off-St_rest Parking 190N.E. Third Street r Mi ami , Florida 33132 (30S) 579-6789:' Att: Roger M. Carlton. Executive Director j fix f �. jd-Y ya J 3• i .'4; tr'1�'s AL TABLE OF CONTENTS I. PUBLIC NOTICE ............................................ 2 II. PROJECT OVERVIEN 3 A. Definitions ............................................ 4 B. Summary ............................................... 5 C. Surrounding Area ....................................... 5 D. Project Description .................................... 6 E. Funding Possibilities .................................. 7 F. Project Contacts ................................ 0...... 7 G. Project Schedule ....................................... 7 III. PROPOSAL SUBMISSION GUIDELINES AND FORMAT 9 A. Proposal Development Considerations 10 I. Use ................................................ 10 2. Minority Participation ............................ 10 3. Project Financing Strategy ........................ 10 4. Lease ............................................. 10 S. Contract Terms .................................... 10 B. Proposal Format 10 1. Credentials ....................................... 10 2. Project Proposal .................................. 11 _ 3. Additional Requirements ........................... 11 C. General Information 12 IV. EVALUATION PROCEDURE 14 A. Evaluation Criteria .................................... 15 1. Experience of the Development Team.. ............ 15 2. Financial Capability. Level of Financial Commitment...................................... 16 3. Financial Return .................................. 16 4. Overall Project Design ............................ 16. S. Management -Plan ................................... 17 6. Extent of Minority Participation .................. 17 • -87--3471. 0 V. FINANCIAL DISCLOSURE AND PROFESSIONAL INFORMATION Proposer's Questionaire.....................:............... Proposer's Architect.......::::::::::**,**** rchitect........................................ Proposer's Contractor or Construction Manager ............... Proposer's Managergent Contractor ............................ VI. CONTRACT TERMS ............................................ VII. PROPOSAL FORMAT AND LEGAL REQUIREMENTS .................... VII. DECLARATION ............................................... EXHIBITS: A. Property Description B. Minority Participation Ordinances C. Map 171J/582A3 18 19 26 29 31 35 39 44 51 n I. PUBLIC !NOTICE t i. �11, F 1. PUBLIC NOTICE The City of Miami Department of Off -Street Parking (the "Department") is inviting interested parties to submit project proposals for the development of a multi -use project to be located on the property bounded by Miami Avenue to the east. Northwest 4th Street to the south, Northwest 1st Avenue to the west and Northwest Sth Street to the south. The development sought by the Department will include a garage of approximately 1,500 parking spaces and will create the most productive use of the air rights over such garage. All proposals shall be submitted in accordance with the Request for Proposals documents which may be obtained from the Executive Director of the City of Miami Department of Off -Street Parking, Roger M. Carlton, at 190 N.E. Third Street, Miami, Florida 33132. Those documents contain detailed information regarding the property being offered and the Department's goals for the use of the property. Interested parties will be given the opportunity to ask pertinent questions of representatives of the Department concerning the project and the submission of proposals at 190 N.E. Third Street, Miami. Florida on June 5, 1987, at 10:00 a.m. . Proposals must be delivered to 190 N.E. Third Street. Miami, Florida 33132 by 4:00 p.m.. August 14, 1987, and will be publicly opened on that day. The Department reserves the right to accept any proposal deemed to be in the best interests of the City of Miami and the Department, to waive any irregularities in any proposal or to reject any or all proposals and to re -advertise for new proposals. In making such determination, the Department's consideration shall include, but not be limited to, the proposer's experience. the quality and appropriateness of the design and proposed use relative to the area, the dollar return offered by the proposed usage, the proposer's financial qualifications, the professional reputation of the proposer, minority and a community based organization's participation in the project and the evaluation by the Department and its outside consultants of all information submitted in support or explanation of the proposed use and development of the property. 2- ' 8'7-347 . ML r F II. PROJECT OVERVIEW II. PROJECT OVERVIEW A. Definitions "Additional Property" means 52,500 square feet of property adjacent to the Department Property, as more particularly described in the attached Exhibit A. If necessary or desirable, the Department will attempt to acquire such property so that the Successful Proposer can incorporate it into the Project. "Board" means the Board of the Department. "Community Based Organization" or "C80" means a non-profit organization registered and recognized as a COO by any municipal or county government and which receives financial assistance from any governmental authority. "Department" means the Department of Off -Street Parking of the City of Miami. "Department Property" means 82,500 square feet of property within the area bounded by N.W. 5th Street, North Miami Avenue, N.W. 4th Street and N.W. 1st Avenue, all as more particularly described in the attached Exhibit B. "Executive Director" means the Executive Director of the Department. "Garage" means the parking garage of approximately 1500 spaces further described in Section IID below to be managed and operated by the Department. "Lease" means the agreement to be entered into by the Department and the Successful Proposer with respect to the design, construction and management of the Project. "Mixed Use Component" means any usage of the Property and possibly the Additional Property which the proposer determines to best maximize the income producing potential of such property(ies). "Project" means the Mixed Use and the Garage. "Project Property" means the property on which the Project is to be constructed. Such property shall include the Department Property but may also include the Additional Property if such realty is desired by the Successful Proposer in order to make a better income producing usage of the Mixed Use. 4Review Committee" means a group of individuals recommended by the Executive Director and approved by the Board to serve as a committee to review submitted proposals and make recommendations to the Board concerning the selection of the Successful Proposer. "Southeast Overtown/Park West" means the area described in the attached Exhibit C. -4- . �7-347►t "Successful Proposer" means the party which submitted the proposal selected by the Board. B. Summary The Department is extending invitations to qualified developers to submit proposals for the Project. Proposers are encouraged to keep their proposals within the existing building code for the area and variances from such code, although permissible, will be the responsibility of the Successful Proposer to obtain. Proposals shall include the planning and design, financing and construction of the Project. Pursuant to a long term agreement with the Department, the Successful Proposer shall be solely responsible for the funding and construction of the Project, subject to oversight by Department staff. The Project which the Department is seeking will (i) be compatible with the existing area;,(ii) create the most active and productive use of the Project Property; (iii) provide income to the Department; and 00 provide needed parking facilities to the Mixed Use Component and the surrounding area. Although the Mixed Use Component shall be managed by the Successful Proposer, the Garage shall be managed by the Department. The Department intends to generally follow the unified development project procedures utilized by the City of Miami in reviewing proposals and selecting the Successful Proposer. Those procedures, establhed under Section 53(c) of the City of Miami Charter, have been modified for use by the Department and are set forth in Section located at page _ of this Request for Proposals. C. Sir_ • The Project Property is strategically located in a section of downtown Miami experiencing significant redevelopment activity. Nearby projects that have been recently completed or are nearing completion include the following: METRO BADE GDVERNMENT CENTER COMPLEX. The 30 story office building houses most of the Metro -Dade County departments and serves as a transfer point for Metrorail and the Metromover systems. An estimated 18,000 people visit or work in the building on a daily basis. The building was built in conjunction with the adjacent Cultural Arts Complex, designed by Phillip Johnson, which houses the Center for the Fine Arts, the main branch of the Miami Dade Public Library and the Historical Museum of South Florida. • ' STATE OFFICE BUILDINGS AND PROPOSED PARKING GARAGE. To the west of the Project Property there are two state office buildings (one of which was recently completed) and the State of Florida is presently reviewing development options for the construction of a 1,000 car parking garage to serve State employees and for this purpose the State has appropriated $2,635,000 for the design of the $10 million - s - W-347 gift V. t -AFT garage. The State has not yet selected a location for the garage. Because of its proximity to the Project Property, the Department believes it may be possible to obtain state approval and financing for the Garage if it addresses the State's parking needs and provides a parking resource for other nearby developments and satellite parking for those persons utilizing Metromover. COURT HOUSE CENTER. Scheduled for completion in the Fall 1987, the 250,000 square foot office building is located south of the Project Property adjacent to the Bade County Courthouse. It is also covenient to the Federal Courthouse which is located east of the Project Property. MIAMI ARENA. The 16,000 seat sports arena, scheduled for completion in November 1987. is located north of the property. The Sports Arena is surrounded by the proposed Southeast Overtown/Par;, West redevelopment, a planned 9 block high-rise residential intowr, community. The City of Miami and Metro -Dade County, co-sponsors of the redevelopment. have spent almost $35 million in land acquisition relocation. clearance and design costs including plans for the rebuilding of N.W. 1st Avenue into a major downtown -boulevard. In addition, other projects in the immediate area have been announced including the development of an office building for the U.S. Attorney's Ovvice to the east and the Florida East Coast Railways' Gran Central a multiphased one million square foot office and hotel development immediately west of the Project Property. D. Project Description The Mixed Use Component is to be -constructed on the Project Property and is to be designed, financed, constructed, owned and managed by the Successful Proposer or a party(ies) acceptable to the Board designated by the Successful Proposer. This portion of the Project may be developed in such manner as the proposer deems proper to best maximize the income producing potential of the Project Property. The Project Property is zoned CBO 1/9 which allows the greatest intensity of non-residential development within the City of Miami. The CBD 1/9 zoning district encompasses the core of the central business district and is intended to function as a regional center thus permitting a variety of non-residential and specified residential uses, including but not limited to the following: • Hotel; and/or • Adult Congregate Living Facility, and/or Office Building; and/or • Retail Space; and/or =6- 8 -347 r M 1�. A F • Termination point for the proposed high-speed railway; and/or Garage - A 1,500 car parking garage to be used by persons utilitizing the Downtown People Mover system as well as by State of Florida employees and others working in the Government Center area. Proposals are expected to include (i) adequate market and feasibility studies to allow assessment and evaluation by a nationally recognized market analyst firm as a part of the proposal review process, (ii) a source and application of funds statement, and (iii) a summary statement of economic benefits to be derived from the Mixed Use Component. including computation methods. Proposals should include and will be evaluated on the proposed devel- opment program, site plan and design concept, financial strategy, feasibility, management and marketing plan, minority participation and potential return. The Review Committee and the Board will also review and evaluate the qualifications and past performance of the proposer, the project architect and all project consultants on similar projects. E. Funding Possibilities Proposers are expected to procure their own financing for the construction of the Project. However. the Department advises and encourages all proposers to conform their plans for the Project in such manner as will allow the Successful Proposer to obtain the $2,635,000 which the State of Florida has appropriated for the design of a $10,000,000 parking garage to be utilized by persons working in the State Plaza area. F. Project Contacts Any questions or inquiries concerning the Project should be addressed to: Roger M. Carlton, Executive Director Department of Off -Street Parking City of Miami 190 N.E. Third Street Miami, Florida 33132 (305) 579-6789 G. Project Schedule Publication of Request for Proposals Presubmission Conference Proposal Submission Deadline Interviews with qualified proposers -7- April 24, 1987 June 5, 1987 at 10:00 a.m. August 14. 1987 August 28, 1987 87-347 Recommendations by Review Committee and September 25, 1987 Consultants Selection of Successful Proposer by the Board October 24, 1987 Completion of contract negotiations with February 5, 1988 the Successful Proposer (anticipated) Submission of Contract to Board for Approval February 10. 1988 Initiation of Construction (anticipated) June 10, 1988 c� DRAFT III. PROPOSAL SUBMISSION GUIDELINES AND FORMAT W7347 DRAFT A. Proposal Development Considerations i Respondents to this. invitation are advised that the following factors mut, be considered and adhered to in the development of Project proposals and will be critically evaluated. I. Uu. Proposals must meet the development objective of creating an attractive income producing Mixed Use Component in conjunction with the construction of a Garage. 2. 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 adopted December 19, 1985, a copy of which is attached as Exhibit D. Minorities and females are expected to be an integral part of the development team, participate substantially in construction and comprise a significant pact of the permanent management team, as well as all businesses and work force created by the development. 3. Project Financing Strategy. The Successful Proposer is expected to provide a comprehensive financing strategy for the Project. Public funds are not available at this time and no binding committment is being made that funds will be available at any future date. The Project Property is held in public trust and except for leasehold mortgages, cannot be mortgaged or subordinated in any way. 4. Lease. The Property is offered only for Lease on a long-term basis of years, including options. The terms of the Lease should be reasonably related to the financing strategy proposed by the Successful Proposer. The Project will revert to ownership by the Department at the expiration of the Lease term. S. Contract Terms. Section VII provides numerous contract terms that the proposer must incorporate when making a proposal. Proposers must provide specific suggested clauses for inclusion in the Lease, although the Department's acceptance of such proposal shall not necessarily imply an acceptance of any such clause. The eventual Lease negotiated may incorporate any other terms, conditions and benefits that the Department may seek to include by way of negotiations. B. Proposal Format Proposals submitted in response to this invitation must include the following information: I. Credentials (a) Identity of respondent, including respondent's organizational structure and names and addresses of principals and consultants utilized or to be utilized in connection with the Project. -10- WN UKAFT (b) Respondent's experience in development and management of specific type of use proposed, referencing specific projects and respondent's role. (c) Evidence of respondent's financial capacity to undertake the project(s) proposed. Such evidence shall be in a form which is verifiable by the Department's staff and/or the consultants utilized. 2. Project Pr000sal (a) Project site plan (preliminary). (b) Project elevation (preliminary). (c) Project floor plans (preliminary). (d) Schedule of project amenities, if any. (e) Project management and marketing plan. (f) Project development and ten (10) year operating pro forma including proposed lease payments. 3. Additional Regdirements (a) Financial Disclosure and Professional Information as detailed in Section V of this document. (b) A detailed response, including proposed contractual language, to all aspects of the General Contract Terms as detailed in Section VI of this document and the dollar amounts for rental payments and percentages of gross receipts to be paid to the Department over the Lease Term. (c) A market analysis justifying the proposed uses of the Mixed Use Component. (d) A schedule including all steps of planning and design, construction. and operation of the Project, including any proposed future expansion. (e) Letters from financial institutions documenting the proposer's ability to finance the proposed development. (f) Letters indicating the proposer's ability to obtain required bonds and insurance. ' (g) Letters documenting the proposer's past experience in related development and management. (h) Resumes of key individuals to be involved. 87rw3411 (i) Minority participation plan. (j) Agreement to reimburse the Department for the expenses described in the next paragraph. The proposers are expected to make all disclosures and declarations herein requested and to deliver along with the proposal a cashier's check for $10.000 if a CBO is involved with the Project or $25.000 if there if no such CBO involvement. Such deposits shall be refunded to non -successful proposers, but shall be non-refundable to the Successful Proposer. These funds are intended to serve as a good faith binder and shall be applied to the expenses hereinafter described. At or prior to the signing of the lease, the Successful Proposer shall reimburse the Department for any reasonable costs incurred in connection with the Project which were not covered by the aforementioned deposit, this Request For Proposals and the closing of all agreements in connection with the Project, including but not limited to, accounting fee:, legal fees, survey costs, title insurance costs and administrative expenses. Section V includes forms that must be submitted with the development proposal. Twenty-five (25) copies of each proposal are required. 1. Twenty-five (25) copies B-1/2 inch by 11 bond paper, type necessary, be folded to no more than proposals will not be accepted. of the proposal must be submitted on written. All illustrations must if this size. Telephonic or telegraphic 2. Proposals must set forth " full, accurate, and complete information as required by this Request for Proposals. 3. The proposals may be ranked without discussion or additional clarification from the participating bidders. Hence, bidders are encouraged to submit proposals which are as comprehensive as possible. -The Review Committee and/or Executive Director may elect to interview the proposers for a presentation of the details of their proposed approach to the project and to answer any questions the Review Committee might have. 4. The Board and the Department will assume no responsibility for any misunderstandings or misrepresentations concerning comments made by any of its officers or agents prior to the award of the contract. unless those understandings or representations are included in this Request for Proposals, the contract requirements, or related documents. S. The proposals shall include a detailed description and interpretation of its concept, development and execution as well as the proposer's experience in comparable efforts. It should conform to all instructions of the Request for Proposals and follow the format prescribed in Section II. The Review Committee will document its evaluation of each proposal on standard score -sheets based upon the criteria set forth in 12 - 8'7-34'7' R - D AFT, that Section. Deviation from the format will make uniform evaluation difficult for the Review Committee and in the extreme, may provide grounds for rejection due to technical inadequacy. 6. Brochures may be included if incorporated logically into the substance and format. However. submission of numerous preprinted, generalized brochures may suggest incomplete understanding or indifferent analysis of the Request for Proposal requirement. 7. All design drawings. plans and proposals submitted in response to this Request for Proposal shall become the property of the Department. 13 V, DRAFT IV. EVALUATION PROCEDURE -14- :4 IMMMMu•1 The following specific evaluation criteria matrix shall be used by the Review Committee: I. Experience of the development team, including specific experience on similar projects .................... 15% 2. Financial capability, level of financial commitment.................................................. 15x 3. Financial return to the Department .......................... 30% 4. Overall project design ...................................... 20% 5. Management Plan ............................................. 10% 6. Extent of minority participation ............................ 10% In the event a proposer obtains at least 70% of the available points in each of the criteria set forth above, the Review Committee shall award. bonus points for proposals which fullfil the requirements of the following categories: A. Utilization of a CBO as a material component of the developmentteam .............. 0........................ 10 points B. Utilization of a CBO having an office in or supplying services to the Southeast Overtown/Park West area as a material component of the development team........... 5 points Proposers are encouraged to have their proposals conform to and address each of the following factors, all of which will be utilized by the Review Committee in evaluating the proposals: 1. THE EXPERIENCE OF THE DEVELOPMENT TEAM, INCLUDING SPECIFIC EXPERIENCE ON SIMILAR DEVELOPMENTS (15%) The Department is seeking a responsible developer who can assemble the most capable development team in terms of prior multi -purpose commercial/residential/office experience, reputation for architectural excellence, ability to attact high quality tenants, ability to raise large amounts of private capital and a history of successful construction management. Among the other developer qualifications to be considered are: Prior success with comparable projects. • Ability to respond to public objectives. Timeliness of performance. Ability to complete projects within established budgets. -15- 87-34'7". r ' DRAFT' • Resources and ability to sustain adversities. Sound internal organization. • Availability of a qualified full-time developer representative to be on -site at all times during the development period. Continuity of key staff members. 2. FINANCIAL CAPABILITY, LEVEL OF FINANCIAL COMMITMENT (15%) The development team will be evaluated as to financial capability of the team, financing strategy, access to financing and level of surety. A certified public accounting firm will specifically evaluate the financial viability of the proposed development' teams tnd their proposed financing strategies. Additionally, they will assess the proposer's market analysis and conclusions regarding the scale and mix of commercial public - facilities and evaluate the economic feasibility of the proposed development. 3. FINANCIAL RETURN (30%) • Proposed lease payments providing a minimum payment guarantee made monthly and an annual reconciliation payment. • Any additional financial benefits to the Department. • Lease term. 4. OVERALL PROJECT DESIGN (20%) The proposed project facilities program and building design will be assessed for: • Innovative and imaginative use of property. • Security, energy efficiency, accessibility for the handicapped, use of graphics, lighting and pedestrian areas. • Appropriateness and quality of the design for the area. • Interim parking plan during construction. • Excellence of building design. ' Quality of land use mix and activity centers. • Efficiency of spatial arrangements. • Efficiency of vehicular and pedestrian circulation with minimum conflict. ' Potential for future expansion. - 16 - Uff ' Potential for stimulating the development of adjacent or nearby parcels. • Estimated cost of annual operation and maintenance Estimated fiscal impact of the proposed development with respect to such items as ad valorem tax revenue, utility tax, sales and excese tax revenues, licensing and other fees and costs of required public capital improvements. 5. MANAGEMENT PLAN (10%) The proposed plan for design, constructon and operation will be evaluated with regard to: Proposed construction scheduling and phasing, with emphasis on time and cost control methodology and quality assurance. • Extent of participation of local architects/engineers, contractors, subcontractors, trades and labor. Quality and organization of operations management team, marketing strategy, attracting patrons and residents and methods of providing building services such as maintenance, material handling and special security. Ability of the complex to generate a favorable image in the community. 6. EXTENT OF MINORITY PARTICIPATION (10%) • Minority participation within the development and management team, and participation of minority professionals utilized in the Project. • Contracting and hiring practices during the construction phase. • Specific busiroc:ss development opportunities for minorities, hiring outreach and training opportunities in relation to the construction. leasing, operation and maintenance of the Project. - 17 - j 8'7-34 7� 41) DRAFT 0 V. FINANCIAL DISCLOSURE AND PROFESSIONAL INFORMATION PROPOSER'S QUESTIONNAIRE A proposal for the development and management of the Project may not be considered unless all the information requested in this questionnaire is provided by the proposer. Statements must be complete and accurate. Omissions, inaccuracies or misstatements may be cause for rejection of a proposal. Statements and answers relating to each question in this questionnaire may be answered on the page on which the question is found or by attaching 8.5 x 11" supplemental sheets. Photographs or other illustrative materials should be placed in an envelope or bound into the proposal and identified by the proposer's name and address and the page number of the questionnaire to which the supplemental material is applicable. By submission of a proposal, the proposer acknowledges and agrees that the Review Committee and/or the Department has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in this questionnaire, including the right to review prior years' tax returns, and authorizes the release to the Executive Director of any and all information sought in such inquiry or investigation, and that in accordance with the laws of the State of Florida, the proposal and any such information shall be available for review by the public. If an independent general contractor, construction manager and/or operational manager is to be involved, then the applicable pages of this questionnaire should be completed for each such entity. - 19 - 87-3474 s • i Address'for purposes of notice or other communication relating to the proposal: Telephone No. ( The proposer is a: ( ) Sale Proprietorship; ( ) Partnership; ( ) Corporation; or ( ) Other (explain below) - 20 - PARTNERSHIP STATEMENT If Proposer is a partnership, answer the following: 1. Date of Organization 2. General Partnership ( ) Limited Partnership ( ) 3. Statement of Partnership recorded? Yes ( ) No ( ) Date Book Page County 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 lgiAddress Share 6. Attach a complete copy of the Partnership Agreement. I DRAFT CORPORATION STATEMENT If proposer is incorporated, answer the following: I. 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 non -voting 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 non -voting shares of stock held 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 on page 22. If said owner -corporations 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 on page 22. The Department requires information on all corporations that directly or indirectly have an ownership interest in the proposer -corporation. B. If an individual or corporation will be guaranteeing performance of the proposer -corporation, state name here and also complete separate pages and if -22- . 87-3471. BRA FT corporation (type corporation name on said pages for identification purposes), furnish financial statement required on page 22 for the individual or corporate guarantor. PROPOSER'S EXPERIENCE STATEMENT Describe in detail the duration and extent of your business experience with special emphasis upon experience, if any, with multiuse developments. Also state in detail the names and pertinent experience of the persons who will be directly involved in development and management of the business. list the names and locations of currently owned commercial real estate and proposer's percentage ownership, and any such facilities currently managed by proposer. In addition, please also provide photographs or other illustrative material depicting projects that will demonstrate your ability to complete a quality Project. 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 Department. Proposer should also identify your specific role in each project. Proposer, owner -corporations of proposer, and any person or business entity guaranteeing the performance of the proposer must attach a complete report, prepared in accordance with good accounting practice, reflecting current financial condition. The report must include a balance sheet and annual income statement. The person or entity covered by the statement must be prepared to substantiate all information shown. Has any surety or bonding company ever been required to perform upon proposer's 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. Has proposer ever been declared bankrupt? Yes ( ) No ( ) If yes. state date. court jurisdiction, amount of liabilities, and amount of assets. Pending Litigation Provide on attached sheets detailed information regarding pending litigation, liens, or claims involving any participant in the proposal. -23- WISH I PROPOSER'S REFERENCES List four persons or firms with whom proposer has conducted business transactions during the past three years. At least two of the references named are to have knowledge of proposer's debt payment history. At least one reference must be a financial institution. Reference No. 1 Name: Firm: Title: -- Address: Telephone: ( ) Nature and magnitude of purchase, sale, loan, business association, etc.: Reference No. 2 Name: Firm: Title: Address: Telephone: S ) Nature and magnitude of purchase, sale, loan. business association, etc.: „ DRAFT Reference No. 3 ” Name: Firm: Title: Address: Telephone: i Nature and magnitude of purchase, sale, loan, business association, etc.: Reference No. 4 Name: Firm: Title: Address: Telephone: Nature and magnitude of purchase, sale, loan, business association, etc.: Name, address and telephone number of architectural firm: Name: Street Address: Mailing Address: Telephone: ( ) Names of principals and their titles who will be chiefly responsible for the planning and design of the Project: Name Title Name Title Name Title Names, addresses, and telephone number of other design consultants who will have a major role in designing the Project. Name of Firm Name of Firm Street Address Street Address Mailing Address Zip Code Mailing Address Zip Code Telephone Number Telephone Number Name of Principal Contact Name of Principal Contact -26- 137r347. V . # unn LAMMILMLE blAIEMEMT OF PROPOS ER'S AR�HITELT Describe in detail the duration and extent of architect's experience with special emphasis upon experience, if any, with multiuse developments. Also, state in detail the names and pertinent experience of the principals who will be directly involved in designing the Project. In addition, please also include photographs or other illustrative material depicting projects that will demonstrate architect's ability to design a quality development for the Project. 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 Department. Architect should also identify its specific role in each project. REFERENCES OF PROPOSERS ARCHITECT List two persons or firms for whom architect has completed projects during the past three years. WE Name: Fi rm: Ti tl e: Address: _ Telephone: ( ) Nature, dollar value and magnitude of business association: 13411411:111 Name: Firm: Title: Address: Telephone: C ) Nature, dollar value and magnitude of business association: — 27 — PROPOSER'S CONTRACTOR OR CONSTRUCTION MANAGER Name, address and telephone number of contractor or construction manager: Name: Street Address: Mailing Address: - -- Telephone: i ) Names of principals and their titles who will be chiefly *responsible for the construction of the Project: Name Title Name Name Title Title Names, addresses. and telephone number of other contractors or construction managers who will have a major role in construction of the Project. Name of Firm Name of Firm Street Address Street Address Mailing Address Zip Code Telephone Number Mai 1 i ng Address Zi p Code Telephone Number Name of Principal Contact Name of Principal Contact -28- `I 87-347 ORAF1 Describe in detail the duration and extent of experience with special emphasis upon experience, if any, with multiuse developments. Also, state in detail the names and pertinent experience of the principals who will be directly involved in designing the Project. In addition, please also include photographs or other illustrative material depicting projects that will demonstrate contractor or constructon manager's ability to design a quality development for the Project. 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 Department. Contractor or construction manager should also identify its specific role in each project. Attach a complete report, prepared in accordance with generally accepted accounting practice, reflecting current financial condition. The report must include a balance sheet and annual income statement. The person or entity covered by the statement must be prepared to substantiate all information shown. Surety Information Has any surety or bonding company ever been required to perform upon contractor or construction manager's 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 Has contractor or construction manager ever been declared bankrupt? Yes ( ) No ( ) If yes, state date, court jurisdiction, amount of liabilities, and amount of assets. Pending. Litigation Provide on attached sheets detailed information regarding pending litigation, liens, or claims involving any participant in the proposal. -29- f0-;347 . moo,DRAB' REFERENCES OF PROPOSERS CONTRACTOR OR CONSTRUCTION MANAGER List two persons or firms with whom contractor or construction manager has completed projects during the past three years. Reference No. 1 ' Name: Firm: Title: Address: Telephone: Nature, dollar value and magnitude of business association: i ! Reference No. 2 Name: Firm: Title: Address: Telephone: C Nature, dollar value and magnitude of business association: Name. address and telephone number of management contractor: Nave: Street Address: Mai 1 i ng Address: Telephone: { ) Names of principals and their titles who will be chiefly responsible for the Project: Name Name Title Title Name Title Names, addresses, and telephone number of other consultants who will have a major role in the Project. Name of Firm Name of Firm Street Address Mailing Address Zip Code Telephone Number Street Address Mailing Address Zip Code Telephone Number Name of Principal Contact Name of Principal Contact � DRAFT Describe in detail the duration and extent of management experience with special emphasis upon experience, if any, with multiuse developments. Also, state in detail the names and pertinent experience of the principals who will be directly involved in the management of the Project. In addition, please also include photographs or other illustrative material depicting projects that will demonstrate your ability to manage a quality development. 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 Department. Management contractor should also identify its specific role in each project. Attach a complete report,-- prepared in accordance with good accounting practice. reflecting current financial condition. The report must include a balance sheet and annual income statement. The person or entity covered by the statement must be prepared to substantiate all information shown. Surety Info atm tion Has any surety or bonding company ever been required to perform upon management contractors 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 Has management contractor you ever been declared bankrupt? Yes ( ) No ( ) If yes. state date, court jurisdiction, amount of liabilities. and amount of assets. Pending, Litigation Provide on attached sheets detailed information regarding pending litigation, liens, or claims involving any participant in the proposal. DRAFT'. REEERENCES OF PROPOSER'S MANAGEMENT CONTRACTOR List two persons or firms with whom management contractor has completed projects during the past three years. Reference No. 1 Name: Fi rm: Title: Address: Telephone: S ) Nature, dollar value and magnitude of purchase, sale, loan, business association, etc.: Name: Firm: Title: Address: Telephone: ( ) Nature, dollar value and magnitude of purchase, sale, loan, business association, etc.: URXFT EXPERIENCE STATEMENT OF THE PROPOSER'S COMMUNITY BASED ORGANIZATION Describe in detail the duration* and extent of the CBO's experience and nature of past projects with special emphasis on those projects and activities that have taken place within the Overtown Community. The names and addresses for persons familiar with the project or activity should be given for each project identified. The CBO should also identify its specific role in each project or activity. Proposers Community Based Organization: Name: Street Address: Mailing Address: Telephone: Year of Incorporation: Attach copy of Board of Directors for current year. - 34 - 87-:34 . 4r DilAFI vi. amma nim � DRAFT The Department staff in conjunction with counsel for the Department shall negotiate all aspects of the Lease including planning and design, construction, and management with the Successful Proposer. The contract shall address, but not be limited to, the following topics: I 1. LEASE TERM 2. RENT Guaranteed Rental Payments with a stated minimum and a percentage of gross sales Definition of Gross Sales ` Entire Premises Payment Schedules Right to Audit No Counterclaim or Abatement 3. PLANNING, DESIGN AND CONSTRUCTION OF IMPROVEMENTS Description of Improvements Developer's Obligation to Construct Improvements Submission of Plans [Construction Documents] Approval of Plans [Construction Documents] Review by Department Changes in Plans [Construction Documents] Submission for Building Permit Contract(s) for Construction Conditions Precedent to Commencement of Construction Cpmmencement and Completion of Construction Improvements Progress Reports Payment of Contractors and Suppliers Cancellation or Discharge of Liens Filed Construction Coordination and Cooperation Ownership of Improvements 4. PREPARATION OF PREMISES FOR DEVELOPMENT Developer Assurance S. MANAGEMENT OF LEASED PREMISES 6. EQUITY CAPITAL AND MORTGAGE FINANCING Sufficient Funds to Construct Improvements Notification of Securing Sufficient Funds Developer to Furnish Name and Address of Mortgagee Developer to Notify Department of Other Encumbrances Rights and Duties of Mortgagee Obligations of Persons Other Than Mortgagee Acquiring Leasehold -36- 87 `iri DRAFT 7. RESTRICTIONS ON USE Authorized Uses Limitation on Sub -Tenants Transfer Restrictions Assignment and Hypothecation S. PUBLIC CHARGES Covenant for payment of public charges Evidence of payment of public charges 9. INDEMNIFICATION AND INSURANCE Indemnification Types of Insurance to be Carried by the Developer Non -Cancellation Clause Certificates of Insurance Right of Department to Obtain Insurance Non -Waiver of Developer's Obligations Partial Loss of -Damage Not to Terminate Rent or Lease Extensive Loss or Damage Rendering Improvements Unusable Agreement Not to Sue. 10. MAINTENANCE, REPAIR AND REPLACEMENT Maintenance and Repair Reserve for Replacements Waste Alterations of Improvements 11. CONDEMNATION Adjustments of Rent Proration of Condemnation Awards Temporary Taking Award Taking Definition of Taking 12. DEFAULT - TERMINATION Default by Developer Default by the Department Remedies 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 13. OPTION TO RENEW -37- . 8'7-r34 14. REPRESENTATIONS Representations by Department Representations by Developer 15. ASSIGNMENT AND SUBLETTING 16. MISCELLANEOUS Expense Reimbursement Right of Inspection Access to Premises Recognition of Mortgage Requirements Notices Provisions of Law Deemed Included How Agreement Affected by Provisions Held Invalid Applicable Law and Construction Amendments Gender and Number Award of Contract Mortgageable Leasehold Certificates Management Agreement with Department Non -Disturbance and Attornment Agreements Memorandum of Lease Change of Form of Ownership Reasonableness Arbitration Good Faith Binder Correction or Modification of Descriptions -38- 8'7-34 � . • � DRAFT -39- 8 -347 . = r`, t The Department intends to generally follow the procedures set forth in the City of Miami Charter even though the Department and this Request For Proposal are not subject to the provisions of the City of Miami Charter pertinent to Request For Proposals. In construing the Charter, references to the City Manager have been deemed to refer to the Executive Director and references to the City and the Commission have been deemed to refer to the Department and the Board, respectively. t A. - As so modified, the City of Miami Charter, Section 53(c), provides the following: i Unified development project shall mean a project where an interest in real property is owned or is to be acquired by the Department. and is to be used for the development of improvements, and where.the Board determined that for the development of said improvements it is most advantageous to the Department that the Department procure from a private person, as defined in the Code of the City of Miami, one or more of the following integrated packages: (i) Planning and design, construction, and leasing; or (ii) Planning and design, leasing, and management; or (iii) Planning and design, construction and management; or (iv) Planning and design; construction, leasing and management. So long as the person from whom the Department 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. Requirements of Request for Proposals Request for Proposals for unified development projects shall generally define the nature of the uses the Department is seeking for the unified development project and the estimated allocations of land for each use. They shall also state the following: 0 ) The specific parcel of land contemplated to be used or the geographic area the Department desires to develop pursuant to the unified development project. 00 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 Review • Committee. -40- , 8 7-34i` .. f f 0 (iv) The extent of the Department's proposed commitment of funds, property and services. i (v) The definitions of the terms "substantial increase" and "material alteration" that will apply. • NO A reservation of the right to reject all proposals and of the right of termination. Issuance of Request for Proposals; Selection of C.P.A. Firm; l Appointment of Review Committee After public notice there shall be a public hearing at which the Board shall consider: (i) The contents of the 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 Executive Director for the appointment of persons to serve on the Review Committee. Said Review Committee shall consist of an appropriate number of Department officials or employees and an equal number plus one of members of the public, whose names shall be submitted by the Executive Director or fewer than five days prior to the above mentioned public hearing. As the conclusion of the public hearing the Board 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 Executive Director. Procedure for Selection of Proposal The procedure 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 Board 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 Executive Director. (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 Executive Director of its evaluation of said proposal, including any minority opinions. MW �� (iii) Taking into consideration the findings of the aforementioned certified public accounting firm and the evaluations of the Review Committee, the Executive Director shall recommend one or more of the proposals for acceptance by the Board, or alternatively, the Executive Director may recommend that all proposals be rejected. If there are three or more proposals and the Executive Director recommends only one, or if he recommends rejection of all proposals, the Executive Director shall state in writing the reasons for his recommendation. In transmitting his recommendation or recommendations to the Board, the Executive Director 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 Department, as determined by the Board. The Board may accept any recommendation of the Executive Director by an affirmative vote of a majority of its members. In the event the Board does not accept a proposal recommended by the Executive Director or does not reject all proposals, the Board shall seek recommendations directly from the aforementioned Review Committee, which shall make a recommendation or recommendations to the Board 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 recommendation of the Review Committee, the Board shall by an affirmative voice of a majority of its members: (1) Accept any recommendation of the Review Committee; or (2) Accept any previous recommendation of the Executive Director; or (3) Reject all proposals. Execution of Contracts All contracts for unified development projects shall be signed by the Executive Director or his designee after approval thereof by the Board. The provisions of this charter section shall supersede any other Charter or Code provision to the contrary. Proposals must present a definitive development program, financial strategy and feasibility and a guaranteed time of completion schedule that can be realistically evaluated under the requirements of this Request for Proposal to form the basis for selection by the Department. -42- i • � DRAFT As required by Item WOO O of Charter Section 53(c) "substantial increase" shall be defined as a 10% increase to the City's proposed commitment of funds. property and/or services and "material alteration" shall be defined as failure to comply with all aspects of the proposal except as specifically permitted in writing by the Executive Director. -43- � � DRAFT VIII. DECLARATION - 44 - RAFT Submitted 1987 The undersigned, as proposer, declares that the only persons interested in this proposal submitted in response to the Request For Proposals for the Miami Arena -State Plaza Project (the "Request For Proposals" and the "Proposal") are named herein, that no other person has any interest in this Proposal or in the lease agreement to which the Proposal pertains, that this Proposal is made without connection or arrangement with any other person and that this Proposal is in every respect fair, in good faith, and without collusion or fraud. The proposer further declares that he has complied in every respect with all of the instructions to proposers, that he has read all addenda and that he has satisfied himself fully with regard to all matters and conditions with 'respect to the lease agreement to which the proposal pertains. If this Proposal is accepted, the proposer agrees to execute an appropriate agreement for the purpose of establishing a formal contractual relationship between the proposer and the Department of Off -Street Parking of the City of Miami (the "Department"), for the performance of all requirements to which this Proposal pertains and to reimburse the Department for all its reasonable expenses, including attorneys' fees, incurred in connection therewith. The proposer states that this Proposal is based upon the Request For Proposal and its addenda. Name of firm, Individual or Corporation Signature* Signature (Title) (Title) 153J/582A - .45 - 8'7-347 .: