Loading...
HomeMy WebLinkAboutM-86-0160J-86-131 1 RESOLUTION NO. RESOLUTION DECLARING THAT THE MUST A VANTAGEOUS METHOD TO DEVELOP C TAIN IMPROVEMENTS ON CITY -OWNED WA RFRONT LAND IS BY A UNIFIED DEV OPMENT PROJECT (UDP), AUTH IZING THE ISSUANCE OF A REQUE T FOR PROPOSALS FOR A UNIFIED DEVELO MENT PROJECT (UDP), FOR THE DEVELOP ENT OF CULTURAL, RECREATI NAL, ENTERTAINMENT AND MARINE -OR ENTED RETAIL USES INCLUDING OOD AND BEVERAGE SALES AT MIAMI MARI STADIUM LOCATED AT 3601 RI KENBACKER CAUSEWAY; SELECTING CERTIFIED PUBLIC ACCOUNTING RM AND APPOINTING MEMBERS TO A REVIEW COMMITTEE TO EVALUATE THE PR POSALS AND REPORT TO THE CITY MANAGER AS REQUIRED BY CITY OF MIAMI CHARTER ECTION 53(c). WHEREAS, the City of Miami Cha ter Section 53(c) allows for "Unified Development Projects" where n interest in real property is owned or is to be acquired by the C ty and is to be used for development of improvements; and WHEREAS, on January 9, 1986, the City Commission determined that the most advantageous method for he Development of cultural, recreational, entertainment and mar e-oriented retail uses including food and beverage sales, of Commo ore Ralph Monroe Marine Stadium, a.k.a. Miami Marine Stadium locate on City -owned waterfront land at 3601 Rickenbacker Causeway w ld best be accomplished using the Unified Development Process (U ); and WHEREAS, at this time it is in the City's best in erest to proceed with the preparation and issuance of a Requ st for Proposals for a UDP, for the Miami Marine Stadium; and WHEREAS, Charter Section 53(c) requires that the ity Commission hold a public hearing to consider the contents of tte Request for Proposals; and � f1 WHEREAS, Charter Section 5 3 ( c ) f.urttier authorizes, at the conclusion of the public hearing, issuance of a RFP, selection of a certified public accounting firm, and appointment of members of 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. That the most advantageous method to develop certain improvements on city -owned waterfront land known as Commodore Ralph Monroe Marine Stadium, a.k.a. Miami Marina Stadium, is by a Unified Development Project (UDP). Section 2. The City Manager is hereby authorized to issue a Request for Proposals, in substantially the form attached hereto, for a Unified Development Project accomplishing the development of cultural, recreational, entertainment and marine -oriented retail uses, including food and beverage sales, of Commodore Ralph Monroe Marine Stadium, a.k.a. Miami Marine Stadium, located on City -owned waterfront land a 3601 Rickenbacker Causeway. Section 3. 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 4. The certified public accounting firm of is hereby selected to analyze said proposals and render a written report of its findings to the City Manager. Section 5. The following individuals are hereby appointed members of the review committee to evaluate each proposal and ritten evaluation of same to the City Manager, 1 minority opinions: 2 MEMBERS OF THE PUBLIC CITY OFFICIALS AND EMPLOYEES PASSED AND ADOPTED this 13th day of FEBRUARY , 1985. ATTEST: MATT Y HIRAI, City Clerk PREPARED AND APPROVED BY: r I x A T F. C K Chief Depu City Attorney XAVIER L. SUAREZ, Mayor APPROVED AS TO FORM AND CORRECTNESS: &44 r��� 4�v&� City Attorney 3 1W M f CITY OF MIAMI, FLORIOA t INTER -OFFICE MEMORANDUM To. Honorable Mayor and. Members of the City Commission FROM. Cesar H. Odio City Manager DATE: January 29, 1986 RtL91S'AM1,60,'01 SUBJECT DDP RFP/Miami Marine Stadium REFERENCES For City Commission Meetin; of February 13 1986 ENCLOSURES Resolution It is recommended that the C i t v Commission adopt the attached resolution authorizing the issuance of a Unified Development Project RFP for the development of Miami Marine Stadium; selecting a certified public accounting :irm and appointing members to a review committee to evaluate proposals and report findings to the City Manager as required by City Charter Section 53(c). The City Commission on January 9, 1986, reaffirmed the determination that the development of cultural, recreational, entertainment and marine —oriented retail uses of Miami Marine Stadium would best be accomplished using the Unified Development Process. At this time 'we are finalizing the preparation of the Request for Proposals, RFP, for the Miami Marine Stadium of which a draft of this RFP was distributed to you previously. Section 53(c) of the City Charter requires that the City Commission hold a public hearing to consider the contents of the Request for Proposals and at its conclusion, authorize its issuance. In addition, the City Commission authorizes the selection of a certified public accounting firm and the appointment of members to a review committee, as recommended by the City Manager, to evaluate proposal submissions. The recommended rank order of the top four proposals, received from eight certified public accounting firms, to provide analysis of Marine Stadium proposal submissions is as follows: Page 1 of 2 Mof, 0rN 80-160 .. h /"W" Honorable Mayor and Members of the City Commission January 29, 1986 Page Two 1. Sharpton & Co. and Arthur Andersen & Co. 2. Sanson, Kline, Jacomino & Co. and W.B. Koon & Co. 3. Touche Ross & Co.; W.B. Koon & Co. and Rosen and Filloy 4. Peat, Marwick, Kitchell & Co.; Grau & Co.; and . Joseph Middlebrooks & :associates The proposals were ranked based on the quality of the submission, the proposers relevant experience, and the minority composition of the proposing team. Sharpton & Co. and Arthur Andersen & Co., the top ranked proposing team, is comprised of a local black owned certified public accounting firm as the prime consultant, in conjunction with a nationally recognized certified public accounting firm. The names of the recommended members to be appointed to a review committee to evaluate proposal submissions will be furnished to the commission prior to the February 13, 1986, Commission meeting. It is recommended that at the conclusion of the Public Hearing, the attached resolution be adopted authorizing issuance of said Unified Development Project RFP for Miami Marine Stadium, selecting a certified public accounting firm to analyze proposals and appointing members to a review committee to evaluate proposals. This item has duly been advertised as a Public Hearing for 2:30 pm on February 13, 1986. CHO/JEG/JAB/mim Page 2 of 2 i N RESOLUTION NO. A RESOLUTION DECLARING. THAT THE MOST ADVANTAGEOUS METHOD TO DEVELOP CERTAIN IMPROVEMENTS ON CITY -OWNED FRONT LAND IS BY A UNIFIED DEVELOPMENT PROJECT (UDP), AUTHORIZING THE ISSUANCE OF A REQUEST FOR PROPOSALS FOR A UNIFIED DEVELOPMENT PROJECT (UDP) FOR THE DEVELOPMENT OF CULTURAL, RECREATIONAL, ENTERTAINMENT AND MARINE -ORIENTED RETAIL USES INCLUDING FOOD AND BEVERAGE SALES AT MIAMI MARINE STADIUM LOCATED AT 3601 RICKENBACKER CAUSEWAY; SELECTING A CERTIFIED PUBLIC ACCOUNTING FIRM AND APPOINTING MEMBERS TO A REVIEW COMMITTEE TO EVALUATE THE PROPOSALS AND REPORT 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" where an interest in real property is owned or is to be acquired by the City and is to be used for development of improvements; and WHEREAS, on January 9, 1986, the City Commission determined that the most advantageous method for the Development of cultural, recreational, entertainment and marine -oriented retail uses including food and beverage sales, of Commodore Ralph Monroe Marine Stadium, a.k.a. Miami Marine Stadium, located on City -owned waterfront land at 3601 Rickenbacker Causeway would best be accomplished using the Unified Development Process (UDP); and WHEREAS, at this time it is in the City's best interest to proceed with the preparation and issuance of a Request for Proposals for a UDP, for the Miami Marine Stadium; and WHEREAS, Section 53(c) of the City Charter requires that the City Commission hold a public hearing to consider the contents of the Request for Proposals (RFP); and WHEREAS, Section 53(c) further authorizes, at the conclusion of the public hearing, issuance of a RFP, selection of a certified public accounting firm, and appointment of members of 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 substantially the form attached hereto, for a Unified Development Project accomplishing the .Development of cultural, recreational, entertainment and marine -oriented retail uses, including food and beverage sales, of Commodore Ralph Monroe Marine Stadium, a.k.a. Miami Marine Stadium, located on City -owned waterfront land at 3601 Rickenbacker Causeway. 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 Manager. Section 4. The following individuals are hereby appointed members of the review committee to evaluate each proposals and render a written evaluation of same to the City Manager, including any minority opinions: MEMBERS OF THE PUBLIC 86--14E N.- CITY OFFICIALS AND EMPLOYEES PASSED AND ADOPTED this day of ATTEST: MATTY HIRAI, City Clerk PREPARED AND APPROVED BY: ROBERT F. CLARK Chief Deputy City Attorney 3 . 1986. XAVIER L. SUAREZ, Mayor APPROVED AS TO FORM AND CORRECTNESS LUCIA A. DOUGHERTY, City Attorney 8f -lc)(* P REQUEST FOR PROPOSALS CITY OF MIAMI COMMODORE RALPH MONROE MARINE STADIUM A/K/A/ MIAMI MARINE STADIUM APRIL 1986 Xavier Suarez, Mayor Miller Dawkins, Vice —Mayor Joe Carollo, Commissioner J.L. Plummer, Commissioner Rosario Kennedy, Commissioner Cesar H. Odio, City Manager Proposals Due: 2:00 p.m. on June 3, 1986 SET) ghleL KAFT FiG�1�AA IT�r�� 4E Prepared by: Department of Development 2701 S. Bayshore Drive Miami, Florida 33133 86-1oC LAW W March, 1986 Ladies and Gentlemen: Thank you for v o u r interest in the planning and design, construction, lease and management for the City -owned Commodore Ralph Monroe Marine Stadium, a / k / a "Siami Marino Stadium. Enclosed is the City of Miami's Request for Proposals (RFP) which details the project's goals and proposal submission guidelines and requirements, significant project reports and pertinent legal and obligatory documents. Please carefully review all of the enclosed documents. It is important that each proposer comply with all requirements of the submission detailed in the RFP. Al information and material submitted will be carefully analyzed and independently verified. A11 proposals must meet the major objectives outlined in this Request for Proposals and responses to this RFP are due no later than June 3, 1986. The City retains the option to require a more extensive and detailed submission prior to final selection of a developer lessee, should the selection process warrant a second stage review, as well as the right to reject all proposals. Proposals must present a definitive development program, project definition, site plan and design concept, completion schedule, financial strategy, and management plan respecting the requirements of this Request for Proposals to form the basis for selection by the City. All questions or requests for additional information should be addressed in writing to John Gilchrist, Director Department of Development. any response that could potentially impact proposals will be furnished to all bidders in the form of addendum. Proposals must Hall, 3500 Pan 33133 by 2:00 that day. Sincerely , Cesar H. Odio City Manager be delivered to Matty Hirai, City Clerk, City American Drive, P.O. Box 330708, Miami, Florida m., June 3, 1986, and will be publicly opened on r TABLE OF CONTENT'S PAGi: Cover Letter —1. Public Notice ......................................... 6 II. Proposal Overview ..................................... 8 A. Summary B. Project Description C. Proposal Forrn.tt cInd LegaI Re(Iiii.rein ent5 D. Proposer"s DeveInpni nt Pla I E. Estimated Constructi-on and Impr.uvement cost F. Pro poser's Method of Operation G. Proposer's Method of Financing Development H. Additional. Requirements I. Evaluation Criteria J. Financing Strategy K. Anticipated Project Schedule III. Design Criteria ...................................... 22 A. General B. Site Development C. Notice of Pending Legislation IV. Operational Requirements .............................. 24 A. Management B. Assumption of Existing Commitments C. Advertising and Promotion V. Equal Opportunity, Minority Employment and Business Utilization Requirements ..................... 27 VI. Declaration ........................................... 29 VII. Financial Disclosure and Professional Information..... 31 VIII. General Contract Items ................................ 46 APPENDICES A. Demographics and Tourism B. Downtown Miami Economic Impact C. Regional and Site Maps D. Enabling and Pertinent Legislation E. City of Miami Ordinance No. 10062 F. Property Legal Description G. City of Miami Code Section 53-26 "General Operations/ Stadiums" 3 86-ink H. Existing Lease Agreements (1) City of Miami and Marine Stadium Enterpris«2s, Inc. Concession Agreement dated on May 19, 1978 piir -,uant to City Commission Resolution 78-350. (') Ci.ty of Miami and Marine Stadium Enterprise,), Inc. Lease Agreement dated on November 26, 1980 pursuant to City Commission Resolution 80-785. (3) City of Miami and Miami Rowing Club, Inc., Lease Agreement dated on November 13, 1981. (4) City of Miami and American Barge Club, Inc., Lease Agreement dated on November 6, 1981. (5) City of Miami and Marina Biscayne Inc. Lease Agreement dated July 8, 1977 as assigned to Marina Biscayne LTD on December 9, 1982. (6) City of Miami Consent to Sublease to Marina Biscayne dated on January 10, 1983 for Horatio's Restaurant. I. Survey of Marine Stadium and adjacent lands. J. City of Miami Code, Section 18-73. K. Dade County Shoreline Development Review Ordinance 85-14. 4 SG-16?0 - P I. PUBLIC NOTICE FU 8(;'-1.bC I 1 Ah P I. PUBLIC NOTICE The City of Miami is inviting interested p.lrtie"; to s�ibritt Unified Development Project proposals for the panning an.i design, construction, leasing and management for t11e marine recreational —oriented cultural, sporting, entertainment and retail uses, including food and beverage sales of Commodore Ralph Monroe Marine Stadium, a/kia Miami Marine Stadium located at 3601 Rickenbacker. Causeway. The City envisions the Marine Stadium as a unique facility for the development and presentation of marine recreational — oriented tavents, cultural, sporting, entertainment and retail uses. The City wishes to operate the facility in a manner which is in the best social and economic interest of the citizenry and the City. All proposals shall be submitted in accordance with the Request for Proposals documents which may be obtained from the City Clerk Of the City of Miami. These documents contain detailed and specific information regarding the property being offered for lease and the City's goals for the use of the property by the successful proposer. Proposals must be delivered to Tatty Hirai, City Clerk, City Hall, 3500 Pan American Drive, P.O. Bost 330708, Miami, Florida 33133 by 2:00 p.m., June 3, 1986, and will be publicly opened on that day. The City of Miami reserves the right to accept any proposal deemed to be in the best interest of the City, 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 City's consideration shall include, but not be limited to: the proposer's experience, the dollar amount return offered to the City, the proposer's financial qualifications, the professional reputation of the proposer, and the evaluation by the City of all information submitted in support or explanation of the proposed use and development of the property. Sincerely, CITY OF MIAMI Cesar H. Odio City Manager 3" 86—lec' p ri II. PROPOSAL OVERVIEW 1"� 11. PROPOSAL OVERVIEW A. Summary The City of Miami is extending invitations to qualified developer/lessees to submit proposals for the development, improvement and operation of the city -owned waterfront parcel known as the Commodore Ralph Monroe Marine Stadium, a/k/a Miami Marine Stadium. The City determined that the development of marine recreational -oriented, cultural, sporting, entertainment and retail uses, including food and beverage sales, subject to that Concession Agreement dated May 19, 1978, between the City of Miami and Marine Stadium Enterprises Inc., attached herewith as Exhibit H(I), would best be accomplished utilizing the unified development process. Proposals shall include planning and design, financing and construction of site improvements and facilities to be managed and operated by the successful proposer under a long term lease agreement with the City. B. Project Description The City invites firms having experience in the development and operation of marine recreational -oriented, cultural, sporting entertainment and retail facilities to present plans for the revitalization of the Marine Stadium located at 3601 Rickenbacker Causeway. The Commodore Monroe Miami Marine Stadium was originally designed and constructed in response to requests from power boat racers for a first class racing facility. Planning and design for the stadium began in 1957 and - construction funds were obtained in 1962 from the sale of utility service tax bonds. This stadium includes a six thousand five hundred (6,500) seat facility, with approximately eight hundred (800) on site parking spaces, a floating stage of approximately 138 feet by 48 feet, and adjoining land of approximately 12.85+ acres or 559,700 square feet. A portion of the Stadium structure and all of the parking lot are located within unincorporated Dade County, although the land is owned by the City of Miami. In addition, the facility comprises a water basin of approximately eight (8) million square feet. The original cost to build the Marine Stadium was approximately $2.1 million and construction was completed in 1963. In 1972, $3,000,000 in improvements were made on the Marine Stadium. The stadium and adjacent basin have been primarily utilized to accommodate boating activities, including power boat and hydroplane races, concerts and rowing programs by various rowing clubs which are located on Marine Stadium grounds. The stadium parking area has alternatively been utilized for vehicular training programs and carnival type events. (See attached existing Agreements in Appendix H of this RFP) Geographically located, the Marine Stadium is accessed by Dade County's Rickenbacker Causeway which serves as the principal traffic artery to the Marine Stadium, Virginia Key and Key 8 86_ttio . .. :F Xr a": ra i bh "k i 1 Biscayne. In addition, it enjoys access to US 1, Biscayne Boulevard, and Interstate I-95. Other prominent facilities whi"h are closely approximated to the Marine Stadium include the R115ty Pp- Iican Restaurant, Key Marina, (Xar1ne Stadium E n t e r p r i yes, Inc.) and Marina Biscayne, H o r a t i o ' s Restaurant, all of which •are located on City -owned land. Planet Ocean joins the property on the South end of the Marine Stadium and located across the highway is the world famous Seaquarium. The City Stadium to City and operations intends the development and operation of the Marine. be in the best social and economic interests of the therefore, is seeking an integrated development and package for the Stadium by utilizing the expertise of 1na1v1auaLs and/or organizations from the private sector who have proven entrepreneurial and Success track records in the design, development, construction and operation of marine recreational - oriented, cultural, sporting, entertainment and retail facilities. The City anticipates the proposer perform expertly and successfully in order to reinforce the City's continuing endeavors to effectively promote cultural, economically sound, tri-ethnic community activities through the efficient use of Citv facilities. In addition to the planning, design, and development of the Marine Stadium, the proposer shall be responsible for those facets of operation and maintenance of the facility outlined below and those specifically discussed in Section I%, of this Request for Proposals. (a) Advertising, marketing, promotion and media. (b) Building operations and maintenance, including purchasing, payroll, fire prevention, security, repairs and maintenance, improvements, janitorial services, and energy conservation. (c) Event management, including, but not limited to crowd control, security, admission procedures, box office operations, tenant relations. (d) Strategic planning and selection of events. (e) Maintenance, repair and improvement of equipment contained in the facility. (f) Acceptance of all City obligations in honoring confirmed bookings. It is anticipated that the proposed development, operation, and revitalization of the Stadium may include but not be limited to proposals for permanent stages, increased seating and parking facilities, marina and related recreational uses and increased covered roof area. All proposed modifications shall be in strict accordance with all pertinent sections of this RFP. A survey E SC-lbO P P outlining the Marine Stadium facility and adjacent Iands i5 attached and made a part hereof as Exhibit I in the App«>rid ice section of this RFP. Pru1)osaIs shall include and wi11 be evaluated oit the pr0pused -deveIopmerit, revitalization and management program, redeAi,;n and improvement plans, financing str:.ategy, fea.tiibiIIty and financial return to the City. The City places great emphasis on the uniqueness of design quality and functional interrelationship of planned uses in the development of the `tarIne Stadium. Therefore, the City w111 carefully study the qualifications and past perf()rmancL. of the developer/lessee, and its architects and other design consultants. It will review and evaluate their past projects to determine their a h I I I ty to carry out and meet the Gitv's expectations. C. Proposal Format and Legal Requirements The City of Miami Charter, Section 53(c) provides the following: "UNIFIED DEVELOPMENT PROJECTS." 1. Definition Unified development project shall mean a project where an interest in real property is owned or is to be acquired by the City, and is to be used for the development of improvements, and where the Commission determines that for the development of said improvements it is must advantageous to the City that the City 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, (ii) planning and design, (iii) planning and design, (iv) planning and design, management. construction, and leasing; or leasing, and management; or construction, and management; or construction, leasing and So long as the person from which 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. 2. Requirements of Requests for Proposals Requests for proposals for unified development projects shall generally define the nature of the uses the City is seeking 10 SIB"1C� YR -MF for the unified development project an:i the estimated aIIDc•atins of land for each use. They sha11 also st:ito tho foIIowin.;: (i) The specific parcel of land cant.,,mpl,atod tea b- uGed nor t`1e g eogrraphic area the city desir('_s t<) dk- veIo1) 1111r'4f1-a:lt to the unified development pr,)ject. The specific evaluation criteria to be used by tnk� I)f>1,)'� mentioned certified public accounting firm. i) The specific evaluation criteria to be used by the bf2Iow mentioned review committee. (iv) The extent of the City"s pro1)osod commitment of funds, property, and services. ( vi The definitions of the t3r-m4 "subs taut ia1 incrf'aie ff and "material alteration" that wi.11 apply to the project pursuant to Section 53, Sub- section (e) (iv) of the City Charter. (vi) A reservation of the right to reject all proposals .and of the right of termination referred t ) in Section 53, sub - section (e)(iv) of the City Charter.. 3.1ssuance of Request for Proposals; Selection of CPA Firm; Appointment of Review Committee After public n u t i c e there shall. be a public hearing at which the Commission 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 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 sha11 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. 4. 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 Commission based only 11 i w. F i on the evaluation public accounting pro poti:iIs. Said render a written Manage r. 59 criteria applicable to said certified firm cont ainet.] in the request f,)r certified puhlir. accounting, firer sh-rll report of its findings to they City The review committee shall evaluates each proposal based only on the evaluation criteria applicable to said review committee contained in the request for proposals. Satd review committee shall render a written report to the C i t v Manager of its evaluation of each pr')posa inc.Luding any minority opinions. Taking into coristderation the findings of the afore - mentioned certified public accounting firm and the evaluati()ris of the aforementioned review committee, the City ,tariager 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 recommendation. 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 be awarded to the person whose proposal is most advanta- geous 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 nut 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 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 12 SC,-IL"L 3) Reject all proposals. 5. Execution of Contracts A11 contracts for itnif i e d development projects shall be signed by the City `tanager 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. Definition of Uses The Miami Marine Stadium re(Iuest for proposals seeks an integrated development package including planning and design, construction, financing, leasing and management of and upon existing facilities, with continuing emphasis on marine recreational oriented, sporting, entertainment and retail uses, including food and beverage sales. The integrated development package must include designation of parking, open space, access and service roads. All new structures sha for proposals and shall access requirements as Proposals are required funds to be set aside City Ordinances. The further language that: 11 comply with Section D of this request recognize the view corridors and public set forth in City Charter Section 3(f). to include 1 1/2 percent of construction for "Art in Public Places" as defined in aforementioned ordinance includes the "The City shall lease to or contract with private firms or persons for the commercial use or management of any of the City's waterfront property only on condition that: The terms of said contract allow reasonable public access to the water, reasonable public use of such property, and comply with other charter waterfront setbacks and view corridor requirements." Specific charter sections and City ordinances which apply and are pertinent to the Miami Marine Stadium are included and attached as Exhibit G to this RFP. 1. Commitment of Funds At the present, the City has no plans to provide direct funding for the Marine Stadium development project, however the City will evaluate financing alternatives which include equity participation by the City with minimum risk levels, and a guaranteed return on investment. Further, as part of the overall financing stratedgy the City will consider proposal submissions outlining potential sources of grant funds. To this extent, the proposer agrees to file pertinent grant applications jointly with the City of Miami. 13 W-116C 2. Commitment of Services Service 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/Lessee or operator. The Developer/Lessee wi11 be expected to p,sy all applicable t:ixo-5 on improvements. Section 53(e)(iv) of the City Charter provides as follows: ..."Any substantial increase in the City's commitment of funds, property, or services, or any material alteration of any contract awarded under subsection ( c ) of this section 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." As per Item (e)(iv) of the Charter Procurement Ordinance section on Unified Development Projects above, "substantial increase" sha11'be defined as a ten (10%) percent increase to the Citv's proposed commitment of funds, property and/or services and a "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. D. Proposer's Development Plan Plans for development and operation of the Marine Stadium facility shall include the number of buildings and their uses, square footage, heights, etc., architectural features, methods of construction, number of retail entities, restaurant seats, theatre and attraction capacities, etc.,. The proposers development plan must identify and comply with parking requirements of all applicable codes. All aspects of the plan shall be described by development phase, if more than one phase is proposed. Special features or attractions and architectural character shall be precisely described. Schematic drawings by an architect and landscape architect licensed to do business in the State of Florida illustrating the proposed development and improvements are required. Schematic drawings shall include basic site and building relationship plans and diagrammatic sections and elevations showing vertical relationships. The presentation should also include an aerial perspective or isometric sketch of the entire area. All schematic presentation drawings should be board mounted for .the convenience of City review. 14 1 Proposer's are hereby notified that the development plan, site structures and improvements may be subject to Dade County Ordinance No. 85-14 (Exhibit K) providing for review of plans and development actions within the shoreline development review boundary. The presentation should also include a traffic impact and analysis assessment in accordance with the proposer-s development and operational plan. The development plan description would include information on how construction is to be contracted, i.e., proposer acting as contractor or proposer contracting with a general contractor or construction manager. If a general contractor or construction manager is to be involved, then the applicable pages of the Proposer's Questionnaire included in Section V I I must be completed by the proposed general contractor or construction manager. The use of general contracting and sub —contracting firms located in the Miami area will be viewed favorably in the evaluation of proposals. The Proposers development plan should include the utilization of project evaluation and critical path techniques in order to simulate the feasibility of the proposed development plan with the Proposer's time and resource schedule. The Proposer agrees to provide the City with monthly project updates as may be required in form similar to Project Evaluation Review Technique (PERT) and Critical Path (Method (CPM). In addition, the Proposer shall be required to review the status, anticipated progress and estimated date of completion on not less than a semi— annual basis with the designated representative of the City as appointed by the City Manager and the Commission. THE PROPOSER UNDERSTANDS AND AGREES THAT IN THE EVENT THE PROPOSER FAILS TO OBTAIN THE NECESSARY FINANCING, IF APPLICABLE, PRIOR TO THE EXECUTION OF A NEGOTIATED AGREEMENT, OR FAILS TO ABIDE BY ANY OF THE PROVISIONS OF THE RFP, THE CITY COMMISSION �- HAS THE RIGHT BUT NOT THE OBLIGATION TO TAKE ANY ACTION IT DEEMS APPROPRIATE, INCLUDING BUT NOT LIMITED TO IMPOSING A TIME — DEADLINE OF NOT LESS THAN THIRTY (30) DAYS ON THE SUCCESSFUL PROPOSER WHEREIN ALL REQUIREMENTS OF THE RFP MUST BE MET AND BOTH ■ PERMANENT AND CONSTRUCTION FINANCING MUST BE IN PLACE. THE PROPOSERS AGREE AND UNDERSTAND THAT IF SELECTED AS THE DEVELOPER/LESSEE TO ABIDE BY THE PROVISIONS OF THIS REQUEST FOR PROPOSALS AND IN THE EVENT THEY FAIL TO ACCOMPLISH THOSE CONDITIONS OUTLINED BY THE COMMISSION WITHIN THE DESIGNATED TIME PERIOD, THE CITY COMMISSION MAY: (1) INSTRUCT THE CITY MANAGER TO NOTIFY THE DEVELOPER/OPERATOR THAT THEY ARE IN VIOLATION OF THE REQUEST FOR PROPOSALS AND RESCIND THE PROPOSAL PREVIOUSLY SELECTED BY THE COMMISSION -AND CEASE ALL NEGOTIATIONS WITH THE DEVELOPER/OPERATOR. 15 86-1160 _ (2) ACCEPT ANY OTHER RECOMMENDATION OF THE REVIEW COMMITTEE AND/OR THE CITY MANAGER ON ANY PROPOSALS SUBMITTED IN ACCORDANCE WITH THE GUIDELINES OF THIS REQUEST FOR PROPOSALS. _(3) REJECT ALL PROPOSALS AND REQUIRE ISSUANCE OF A NEW REQUEST FOR PROPOSALS. E. Estimated Construction Cost A construction cost estimate s h a I I be furnished by use for the entire proposed development. If the development is to be constructed in phases, the costs for each phase shall be shown separately. Include a schedule of approximate dates that each significant improvement is expected to be completed. F. Proposer's ?Sethod of Operation The operation of the Marine Stadium project shall be described and should include, but not limited to, an organizational chart; job descriptions of key positions; brief outline of operating procedures; how and where the project 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. Discuss any operational services and uses which you will seek permission to provide. If independent management services are to be involved, then the applicable pages of the Proposer's Questionnaire included in Section Vll of this document must be completed by management contractors. G. Proposed Method of Financing Development Describe how development of all aspects of the project facilities shall be financed (include the amount of equity capital, amount of interim financing, amount of permanent financing, source of equity instituti.ons, preliminary letters of commitment, etc.). H. Additional Requirements In addition, proposals must include the following: Financial Disclosure and Professional Information as detailed in Section VII of this document. .A market analysis justifying all aspects of the proposed facilities to be developed including a pro — forma statement of anticipated project income and expenses projected for 10 years. A detailed response, including proposed contractual language, to all material aspects of the General Contract Terms as detailed in Section VIII of this document. 16 sc-160 P P .The dollar amounts for minimum guaranteed annual payments to the City and a schedule of the percentages of project revenues to be paid to the City over the duration of the proposed lease term. • A schedule including all steps of planning and design, construction and operation including any proposed future expansion. . Letters from financial institutions documenting the proposer's ability to finance the proposed development. • Letters indicating the proposer's ability to obtain required bonds and insurance. • Letters documenting the proposer's past experience in related development and management. • Resumes of key individuals to be involved and documentation of minority participation. The proposers are expected to make all disclosures and declarations as requested and to deliver along with the proposal a cashier's check for $50,000 which shall be non-refundable to the successful proposer. These funds are intended to cover expenses incurred by the City in preparing and issuing this request for proposals and evaluating the proposals received. If such expenses exceed $50,000, the successful proposer shall provide funding for the additional expenses. I. Evaluation Criteria Review procedures and the selection process are set by City Charter and Code included in this document or as a part of the Appendices. The City of Miami Commission, consisting of 5 elected officials, including the Mayor, will name the successful proposer based on the recommendation of the City Manager and the findings of the Review Committee. At a public hearing held February 13, 1986, the City Commission authorized the City Manager to issue this Request for Proposals and at the conclusion of the public hearing appointed a Review Committee to evaluate proposal submissions from recommendations submitted by the City Manager and further selected a Certified Public Accounting firm, to analyze submitted proposals. The review committee appointed by the City Commission• at the public hearing will make recommendations to the City Manager regarding proposers- qualifications and experience. The 17 SE — it" C Committee has the authority to recommend none of the bids if it deems them not to be in the best interest of the City of Miami. However, the Committee shall have to explain its reasons for such a decision. The following specific evaluation criteria shall be used by the Review Committee: _ 1. Experience of the development team, including specific experience on similar projects....... 15. 2. Financial capability, level of financial commitment .................................... 20% 3. Financial return to the City... 4. Overall project design ........................ 20% 5. Extent of minority participation .............. 20y The following factors will be utilized by the Review Committee in evaluating the proposals: 1. The experience of the development team, including specific experience on similar developments. Qualifications and experience of project leaders, team members and consultants. .Specific experience of the development and manage- ment team in relationship to design, development, operation and management on visitor attractions; entertainment, recreational marine -oriented mixed use type projects; and cultural facilities. Quality and organization of management team, marketing strategy, tenant mix if applicable, show and entertainment programming, methods of providing maintenance and rehabilitation, food supply handling and storage methods and special security arrangements, etc. 2. Financial capability, level of financial commitment . Financial capability of the team, including the equity commitment, financing strategy and access to construction and permanent financing. Relative to the proposed lease term. 3. Financial return to the City . Return to the City including minimum annual guarantees and share of Gross Revenues, etc. 18 g6-Ir'S ' "Gross Revenues", "Gross Receipts", "Gross Sales", as used herein shall be considered synonymous and interchangeable whether collected or accrued and shall mean all monies paid or. payable to the successful proposer for services rendered or transactions generated in the operation of the - Marine Stadium including but not limited to funds _ generated through: rent from Stadium facilities and improvements, user fees, rent from concessions, rent from parking, rent from permanent advertising, service fees, dockage fees, fuel sales, commissions on ticket sales, and miscellaneous revenue whether on a cash basis or pre -authorized credit (less credit card discounts and applicable taxes. Any additional direct or indirect financial benefit to the City. +. Overall project design Extent to which proposed facilities and improvements are marine recreational —oriented. . Innovative and imaginative siting of facilities. Innovative and imaginative design features. Security, energy efficiency, accessibility for the handicapped, imaginative and creative use of graphics, lighting, landscaping, water features, public spaces and pedestrian areas. Aesthetic qualities and compatibility of design with the adjacent setting and character of Biscayne Bay and South Florida. Resolution of access and service to and on the site. 5. Extent of minority participation All minority participation shall be in accordance with Ordinance No. 10062 "The Minority and Women Business Affairs Procurement Ordinance of the City of Miami" adopted December 19, 1985. Proposers must address the following: . Minority participation within the development and management team. . Contracting and hiring practices. . Special business development opportunities for minorities, hiring outreach and training 19 SC -160 r r opportunities in relation to operation and maintenance of facilities, etc. The certified public accounting firm selected by the City Commission at the public hearing will specifically evalt.rate the —financial viability of the proposer team and their proposed financing strategies and will access comparatively the short and long range economic and fiscal return to the City. Additionally, the certified public accounting firm will be required to include the services of an independent, nationally recognized market analyst firm to access the proposer-s market analysis and conclusions regarding scale and mix of facilities and to evaluate the economic feasibility of the proposed development. Proposals must present a definitive development program, project definition, site plan and design concept, 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 City. The timetable for completion of the proposed construction will be considered as a factor in the evaluation of proposals. All proposed development must be bonded to insure completion within the specified time period; or if phased development is proposed, the proposer must post a bond to insure that additional phases will, in fact, take place as planned. J. Financing Strategy The proposer is expected to provide financing for all building and site improvements including publ.._ maces and ancillary amenities associated with the development. 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 term of the lease agreement between the successful proposer and the City of Miami should be reasonably related to the financing strategy. All improvements upon the site will revert to ownership by the City of Miami at the expiration of the lease term. The proposed terms of the lease agreement shall be one of the factors considered in the evaluation of proposals. K. Anticipated Project Schedule • Request for Proposals Available • Pre —proposal Conference • Proposals Opened and Made Public 2:00 • Interviews with Proposers Meeting Qualifications Week of 20 April 3, 1986 May 15, 1986 June 3, 1986 June 18, 1986 Recommendations to City Manager from the Review Committee and C.P.A. firm July 9, 1986 . City Manager's recommendation to City " Commission at the regular monthly Commission meeting .July 25, 1986 . Begin Contract negotiations with the successful proposer August 8, 1986 . City Manager submits Contract for City Commission Approval November 16, 1986 21 S S(;-1n0 . r III. DESIGN CRITERIA 22 rA A. General The proposer agrees that all proposed development, including design, construction and maintenance shall be carried out in accordance with all federal, state and local building codes, and codes referenced therein, ordinances and permitting requirements. Sound workmanship, building and maintenance practices shall be employed at all times. B. Site Development Site Development must be responsive to South Florida"s sub- tropical climate with specific consideration given to the nature of the microclimate and ecosystem of Virginia Key. Architecture and site improvements including shelters, site furniture, paving, planting, parking, signage, and lighting must be well integrated and compatible with the shoreline conditions and adjacent natural features of this barrier island. Design solutions should be expressed with indigenous and localized building and plant materials and not create a setting which is urbanized in character or imitative of any other geographic area. Public spaces must be designed to accommodate both programmed and spontaneous performances and provide users with protection from the weather while maintaining open air facilities. Parking and vehicular circulation must be unobtrusive, appropriately screened and not dominate the site or conflict with pedestrian circulation. C. Notice of Pending Legislation Proposer's are hereby notified that pending amendments to the South Florida Building Code may severely affect proposals for new construction in the Miami Marine Stadium Area. The 1985 Florida Legislature adopted the "Coastal Zone Protection Act of 1985" Section 161.52-.58 F.S. which provides that by March 1, 1986, affected local governments must provide evidence to the Florida Department of Community Affairs that they have adopted a coastal building zone and appropriated construction standards in conformity with the Legislative mandate. In response, the Metro Dade County Board of County Commissioners passed, on first reading, February 18, 1986, an ordinance amending the South Florida Building Code in conformity with the Coastal Zone Protection Act of 1985. These amendments will become effective during April, 1986. A "Coastal Building Zone" is created 5,000 feet northwesterly of a "Coastal Construction Control Line" which is parallel to, and inland of, the eastern shore of Virginia Key, facing Bear Cut. The Coastal Building Zone includes almost all of the Miami Marine Stadium site, extending at its farthest, approximately 400 feet northwesterly of the northwest point of the Stadium structure. Depending on the classification of proposed buildings (major 23 r i 1 structure, nonhabitahle m a j o, r structure, or minor structure, � coastal or shore protection structure) these amendments would principally rewire proposed buildings a) to be able to withstand a 140 mph wind velocity up to 30 feet above grade; b) to be elevated above the 100 year storm surge (no substantial wa11s `below); and c) to have the structure and foundation designed to accomodate all anticipated loads resulting from a 100-year storm event. 24 Sch—ib0 f' If - IV. OPERATIONAL REQUIREMENTS KI 8 �.* to f IV. Operational Requirements A. management: Lessee will he required to maintain reasonable operating hours, and proposals should include a year- round schedule for all proposed uses and concessions. On - site management and staff requirements should be detailed as part of the proposal. In addition, the proposer should detail the following: ( a ) Booking Policv: Describe in detail the procedures utilized in booking events. ( b ) Operations and Maintenance: Describe the operations and maintenance program, budget and level of staff utilization, methods utilized in handling security, crowd control and parking. ( c ) Event Coordination: Describe the practices implemented for event coordination, including set up/take down, stagehands and sound operations. (d) Box Office: utilized in stadium box office. Describe procedures and staffing (e) Administrative/Accounting: Describe in detail the administrative and accounting procedures including but not limited to method of recording cash receipts, disbursements, purchasing controls, selection of personnel, and internal audit controls. The City would expect daily records of gross receipts to be kept and maintained for reporting along with regular payments to the City. The Lessee will be responsible for pay- ment of all License fees, applicable taxes including property taxes and insurance requirements. B. Existing Agreements: The Lessee shall be required to honor all rights and obligations of applicable tenants of the City including ingress/egress, access and riparian easements outlined in the following agreements: (a) City of Miami and Marine Stadium Enterprises, Inc. Concession Agreement executed on May 19, 1978 pursuant to City Commission Resolution 78-350, attached herewith as Exhibit H (1). (b) City of Miami and Marine Stadium Enterprises, Inc., lease Agreement executed on November 26, 1980 pursuant to City Commission Resolution 80-785, attached herewith as Exhibit H (2)• ( c ) City of Miami and Miami Rowing Club, Inc., lease agreement executed on November 13, 1981, attached herewith as Exhibit H (3). 26 SC;'11f7►� 1 (d) City of Miami and American Barge Club, Inc., lease agreement executed on November 6, 1981, attached herewith as Exhibit H (4). _ (e) City of Miami and Marina Biscayne, Inc. Lease Agreement dated July 8, 1977 as assigned to Marina Biscayne LTD on December 9, 1982. (f) City of Miami Consent to Sublease to Marina Biscayne dated January 1O, 1983 for Horatio's Restaurant. In addition, the Lessee shall be required to continue all the type of events which have been regularly scheduled by the City at the Marine Stadium, including but not limited to power boat and hydroplane races, concerts and rowing programs. C. Advertising and Promotion: Proposals should elaborate plans for advertising and promoting all aspects of the facilities and programs. Proposals should specify objectives, dollar amounts, source of funding, and personnel to be committed along with intended relationships with existing City and County promotional agencies. 27 SF -iris r V. EQUAL OPPORTUNITY, MINORITY EMPLOYMENT AND BUSINESS UTILIZATION REQUIREMENTS r r V. EQUAL OPPORTUNITY, MINORITY EMPLOYMENT AND BUSINESS BUSINESS UTILIZATION REQUIREMENTS All contractors shall comply with all applicable minority advancement ordinances, including the provisions of City of Miami Code, Section 1$-73 Exhibit J, and Ordinance No. 10062, "The Minority and Women Business Affairs and Procurement Ordinace of the City of Miami", Exhibit E attached hereto in the Appendices section of this RFP. Minorities are expected to be an team, participate substantially jobs, and comprise a significant team, as well as all businesses development. integral part of the development in construction contracts and part of the permanent management and work force created by the Although minority equity participation is not a requirement of this Request for Proposals, true equity positions with local minority partners (not rent -a -citizens) will be viewed favorably in the evaluation of proposals. 29 8c-1iiC f VI. DECLARATION 30 VI. Declaration Cesar H. Odio City Manager City of Miami, Florida Suhmitted 198. The undersigned, as proposer, declares that the only persons interested in this proposal are named herein, that no other person has any interest in this Proposal or in the Agreement of Lease to which this 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, if any, and that he has satisfied himself fully relative to all matters and conditions with respect to the Lease to which the proposal pertains. The proposer agrees, if this Proposal is accepted, to execute an appropriate Lease Agreement for the purpose of establishing a formal contractual relationship between the proposer and the City of Miami, Florida, for the performance of all requirements to which this Proposal pertains. The proposer states that this Proposal is based upon the Proposal Documents and addenda, if any. Signature Name of Firm, Individual or Corporation Signature (Title) (Title) 31 sc-146 Of Cl Im VII. FINANCIAL DISCLOSURE AND PROFESSIONAL INFORMATION 32 86-1n0. V1I. Financial Disclosure and Professional Information PROPOSER-S QUESTIONNAIRK A proposal for the development and management of the Marine Stadium site shall not be considered unless all the information requested in this questionnaire is provided by the proposer. Statements must be complete and accurate. Omissions, inaccuracy or misstatement shall 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 1/2" x 11" supplemental sheets. Photographs or other illustrative materials should be placed in an envelope identified by the proposer's na;le and address and identified by 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 City of Miami has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in this questionnaire, and authorizes the release to the City of any and all information sought in such inquiry or investigation. If an independent general contractor, construction manager and/or operational manger is to be involved, then the applicable pages of this questionnaire should be completed for each such entity. PROPOSER Name A F ' Address for purposes of notice or other communication relating to the proposal. Telephone No. The proposer is a Sole Proprietorship ( ) Partnership ( ) Corporation ( ) or Explain: 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 34 n 6f -100 40 I Address for purposes of notice or other communication relating to the proposal. Telephone No. The proposer is a Sole Proprietorship ( ) Partnership ( ) Corporation ( ) or Explain: 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 34 0 SEi'1t70 4. Has the partnership done business in the State of Florida? Yes ( ) No ( ) When? Where? 5. Name, address, and partnership share of each general and limited partner. (If partnership is a corporation complete the following page for corporation.) General/ Limited Name Address Share 6. Attach a complete copy of the Partnership Agreement. CORPORATION STATEMENT If proposer is corporation, answer the following: 1. When incorporated? 2. Where incorporated? 3. Is the corporation authorized to do business in Florida? Yes ( ) No ( ) 4. The corporation is held: Publicly ( ) Privately ( ) 5. If publicly held, how and where is the stock traded? 35 8(' -lb0 A b. List the following: Authorized (a) No. of voting shares: (b) No. of non -voting shares: (c) No. of shareholders: (d) Value per share of Common Stock: Par $ Book $ Market $ Issued Outstanding 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 and (type corporation name on said pages and for identification purposes) and furnish the financial statement required on page. If said owner -corporations are owned by other corporations, then these other corporations must also complete separate pages and (type corporation name on said pages and for identification purposes) and furnish the financial statement required on page. The City requires information on all corporations that directly or indirectly have an ownership interest in the proposer - corporation. 8. If an individual or corporation will be guaranteeing performance of the proposer -corporation, state name here and also complete pages and if corporation (type corporation name on said pages and for identification purposes), and furnish financial statement required on page 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 related to commercial developments, stadium management, special event programming, including but not limited to sporting events, theatre, musicals and other contemporary entertainment. Also state in detail the names and pertinent experience of the persons who will be directly involved in development and management. of facilities currently owned or managed and your percentage L 8G-1riC .11 ownership. In addition, please also provide photographs or other illustrative material depicting projects that w i I I demonstrate your ability to complete a quality development of the facilities in this request for proposals. The name and address should be given for each project identified as well as persons familiar with the development who will respond to inquiries from the City. You should also identify your specific role in each project. PROPOSER'S FINANCIAL DATA FINANCIAL STATEMENT 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. SURETY INFORMATION Has any surety or bonding company ever been required to perform upon your default? Yes ( ) No ( ). If yes, attach a statement naming the surety or bonding company, date, amount of bond, and the circumstances surrounding said default and performance. BANKRUPTCY INFORMATION Have you ever been declared bankrupt? Yes ( ) No ( ). If yes, state date, court jurisdiction, amount of liabilities, and amount of assets. PENDING LITIGATION Provide on attached sheets detailed information regarding pending litigation, liens, or claims involving any participant in the proposal. PROPOSER'S REFERENCES List four persons or firms with whom you have conducted business transactions during the past three years. At least two of the references named are to have knowledge of your debt payment history. At least one reference must be a financial institution. 37 0 86-11` 0 REFERENCE NO. 1 Name: Firm: Title Address: Telephone: Nature and magnitude of purchase, sale, loan, business association, etc.: REFERENCE NO. 2 Name: Firm: Ti tle: Address: Telephone: Nature and magnitude of purchase, sale, loan, business association, etc.: REFERENCE NO. 3 Name: Firm: Title: A 38 I Address: _Telephone: Nature and magnitude association, etc.: REFERENCE NO. 4 Name: Firm: Title Address: of purchase, sale, loan, business Telephone: Nature and magnitude of purchase, sale, loan, business association, etc.: PROPOSER'S ARCHITECT Name, address and telephone number of architectural firm: Name Street Address Mailing Address City, State, Zip Code Telephone Number 39 0 SEA�-110-0 CAI I Address: _Telephone: 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.: PROPOSER'S ARCHITECT Name, address and telephone number of architectural firm: Name Street Address Mailing Address City, State, Zip Code Telephone Number 39 n i - Names of principals and their titles who will be chiefly responsible for the design of the Marines SL adiuta project: _:Name Title Name Title tiame Title Names, addresses and telephone number of other design consultants who will have a major rk)1e in designing the Miamari.na Waterfront project. Name of Firm ;lame of Firm Street Address Street Address Mailing Address Mailing Address City, State, 'Lip Code City, State, Zip Code Telephone :Dumber Telephone Number Name of Principal Contact Name of Principal Contact EXPERIENCE STATEMENT OF PROPOSER'S ARCHITECT Describe in detail the duration and extent of your architectural experience with special emphasis upon experience related to commercial developments, and similar type facilities as sought in this request for proposals. Also, state in detail the names and pertinent experience of the principals who will be directly involved in the design of the Marine Stadium project. In addition, please also include photographs or other illustrative material depicting projects that will demonstrate your ability to design a quality development for the Marine Stadium. The name and address should be given for each project identified as well as persons familiar with the development who will respond to inquiries from the City. You should also identify your specific role in each project. 40 REFERENCES OF PROPOSER"S ARCHITECT List two persons or firms for whom you have completed projects during the past three years. REFERENCE NO. 1 Name: Firm: Ti tle: Address: Telephone: Nature and magnitude of business association: REFERENCE NO. 2 Name: Firm: Title: Address: Telephone: Nature and magnitude of business association: 41 a 8G-it�0 _- - WW A EXPERIENCE, STATEMENT OF PROPOSER'S LANDSCAPE ARCHITECT Describe in detail the duration and extent of your landscape architectural experience with special emphasis upon experience _related to commercial developments, and similar type facilities as sought in this request for proposals. Also, state in detail the names and pertinent experience of the principals who will be directly involved in the landscape design of the Marine Stadium project. In addition, please also include photographs or other illustrative material depicting projects that will demonstrate your ability to design a quality landscape development for the Marine Stadium. The name and address should be given for each project identified as well as persons familiar with the development who will respond to inquiries from the City. You should also identify your specific role in each project. REFERENCES OF PROPOSER'S LANDSCAPE ARCHITECT List two persons or firms for whom you have completed projects during the past three years. REFERENCE NO. 1 Name: Firm: Ti tIe: Address: Telephone: Nature and magnitude of business association: 42 c Sco —i16 REFERENCE NO. 2- Name: Firm: Title. Address: Telephone: Nature and magnitude of business association: EXPERIENCE STATEMENT OF PROPOSER'S CONTRACTOR OR CONSTRUCTION MANAGER Describe in detail the duration and extent of your construction experience with special emphasis upon experience related to commercial developments, stadium and theater construction and similar type facilities as sought in the Request for Proposal. Also, state in detail the names and pertinent experience of the principals who will be directly involved in constructing the project outlined herein. In addition, please also include photographs or other illustrative material depicting projects that will demonstrate your ability to construct a quality development as sought in this request for proposals. The name and address should be given for each project identified as well as persons familiar with the development who will respond to inquiries from the City. You should also identify your specific role in each project. FINANCIAL DATA FOR PROPOSER'S CONTRACTOR OR CONSTRUCTION MANAGER FINANCIAL STATEMENT 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. 43 sc-'it70 SURETY INFORMATION Has any surety or bonding company ever been required to perform upon your default? Yes ( ) No ( ) If yes, attach a statement naming the surety or bonding company, — date, amount of bond, and the circumstances surrounding said default and performance. BANKRUPTCY INFORMATION Have you ever been declared bankrupt? Yes ( ) No ( ) If yes, state date, court jurisdiction, amount of liabilities, and amount of assets. PENDING LITIGATION Provide on attached sheets detailed information regarding pending litigation, liens, or claims in which you are involved. REFERENCES OF PROPOSER'S CONTRACTOR OR CONSTRUCTION MANAGER List two persons or firms for whom you have completed projects during the past three years. REFERENCE NO. 1 Name: Firm: Ti tle: Address: Telephone: Nature and magnitude of business association: 44 1104 REFERENCE NO. 2 Name: _Firm: Title: Address: Telephone: Mature and magnitude of business association: PROPOSER'S MANAGEMENT CONTRACTOR Name Street Address Mailing Address City, State, Zip Code Telephone Number Names of principals and their titles who will be chiefly responsible for the operation of the Miami Marine Stadium. Name Title Name Title Name Title EXPERIENCE STATEMENT OF PROPOSER'S MANAGEMENT CONTRACTOR Describe in detail the duration and extent of your management experience. Also, state in detail the names and pertinent experience of the principals who will be directly involved in the 45 BG—in0 - - a management of the Marine Stadium facilities. 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 persons familiar with the development who will respond to inquiries from the City. You should also identify your specific role in each project. FINANCIAL DATA FOR PROPOSER'S MANAGEMENT CONTRACTOR FINANCIAL STATEMENT 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 INFORMATION Has any surety or bonding company ever been required to perform upon your default? Yes ( ) No ( ). If yes, attach a statement naming the surety or bonding company, date, amount of bond, and the circumstances surrounding said default and performance. BANKRUPTCY INFORMATION Have you ever been declared bankrupt? Yes ( ) No ( ) If yes, state date, court jurisdiction, amount of liabilities, and amount of assets. PENDING LITIGATION Provide on attached sheets detailed information regarding pending litigation, liens, or claims in which you are involved. REFERENCES OF PROPOSER'S MANAGEMENT CONTRACTOR List two persons or firms for whom you have managed projects during the past three years or have knowledge of your hotel management capability. 46 13 8(;-ihO w ki I REFERENCE NO. 1 Name: -_Firm: Title: Address: (City, State, Zip Code) (Telephone No. Nature and magnitude of business association: REFERENCE NO. 2 Name: Firm: Title. Address: (City, State, Zip Code) (Telephone No.) Nature and magnitude of business association: VIII. GENERAL CONTRACT TERMS sc -16c VIII. GENBRAL CONTRACT TERMS Upon authorization of the City Commission the City Manager shall negotiate a.II aspects of a contract for Development _. and Lease with the successful proposer.. The contract shall address, following topics: 1. LEASE TERM 2. RENT but not he limited to the • A guaranteed minimum or a percentage of the gross sales whichever is greater on the entire premises or on the individual leased parts shall constitute rent. • Definition of Gross Revenues • Payment Schedules • Right to Audit • No Counterclaim or Abatement • Subordination of Rents 3. CONSTRUCTION OF IMPROVEMENTS • Description of Improvements . Developer's Obligation to Construct Improvements • Submission, of Plans . Approval of Plans • Scope of Review by CITY/OFF—STREET PARKING AUTHORITY • Changes in Plans . Submission of Plans for Building Permit • Contract(s) for Construction • Conditions Precedent to Commencement of Construction . Commencement and Completion of Construction of Improvement . Progress Reports . Project Management/Project Status 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 5. 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 49 BEO--160 • Developer to Notify City of Other Encumbrances • Rtghts and Duties of Mortgagee • Obligations of Persons Other Than Mortgagee Acquiring Leasehold 7. RESTRICTIONS ON USE • Authorized Uses • Limitation on Retail Sub -Tenants • Existing Lease Obligations 8. PUBLIC CHARGES • Covenant for Payment of Public Charges • Evidence of Payment of Public Charges 9. INDEMNIFICATION AND INSURANCE • Indemnification of Developer • Types of Insurance to be carried by Developer • Non -Cancellation Clause • Certificates of Insurance • Right of City 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 • Neighboring Excavation 11. CONDEMNATION • Adjustments of Rent • Proration of Condemnation Awards • Temporary Taking • Award Taking • Definition of Taking 12. DEFAULT -TERMINATION • Default by Developer • Default by City all i '-1 . 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 Termina— tion • Party in Position of Surety with Respect to Obliga— tions 13. OPTION TO RENEW 14. REPRESENTATIONS Representations by City Representations by Developer 15. ASSIGNMENT AND SUBLETTING 16. MISCELLANEOUS . Right of Inspection Access to Premises Recognition of Mortgagee 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 Non —Disturbance and Attornment Agreements . Memorandum of Lease . Change of Form of Ownership . Reasonableness . Arbitration Good Faith Binder Correction or. Modification of Descriptions 51 86--1v(J APPENDICES (ALL APPENDICES HAVE BEEN INTENTIONALLY OMITTED) 52 11