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HomeMy WebLinkAboutLetter of interest 2!Iit of Thimi PEDRO G. IIERNANDEZ City Manager Request for Letters of Interest RFLI No. 75049 PLAN FOR THE USE OF THE SOUTHEAST CORNER OF BICENTENNIAL PARK Issued: Wednesday, February 13, 2008 at 8:00 AM Questions Due: Wednesday, February 27, 2008 by 5:00 PM Responses Due: Wednesday, March 5, 2008 at 1:00 PM I. Overview The Bayfront Park Management Trust ("Trust"), a limited agency and instrumentality of the City of Miami ("City") that manages and operates Bicentennial Park ("Park"), located downtown on Biscayne Bay at 1075 Biscayne Blvd., Miami, Florida 33132, is seeking a qualified firm, corporation, joint venture, partnership, individual, or other legal entity (the "Firm") to propose a plan for the use of the Southeast Corner of the Park (the area defined in Attachment "A"). The Area is an approximately (1) one acre triangular site, located at the Park's southeast corner, (30) thirty feet upland from the seawall cap and includes an old cafe facility and adjacent area. There are currently no utilities on the Area. The Trust is seeking to enter into an agreement with the Firm that submits the proposal deemed to be in. the best interest of the Trust and the City (the "Successful Proposer") for the use of the area (the "Contract"). The Contract will include, without limitations, some of the provisions contained herein such as termination, insurance, bonding and indemnification requirements. The Contract will also include all terms required for compliance with the City of Miami Code. II. Scope of Services Successful Proposer shall provide all services necessary to successfully renovate, operate, manage and maintain the Facility (the "Services"), including, but not limited to: • Plan, develop and provide for comprehensive services necessary for the operation, maintenance and use of the Area, • Successful Proposer's use of the Area will be subject to redevelopment plans for the entire Park and the Bayfront Park Management Trust event schedule, • Provide a year' round maintenance plan for the Area, • Provide for immediate improvements of the Area and/or essential or ancillary infrastructure necessary for the operation of the Area. Develop a RFLI Na . 7504 9 PLAN FOR THE USE OF THE SOUTHEAST CORNER OF BICENTENNIAL PARK ' public private partnership resulting in the greatest possible return to the Trust and the City. All proposers understand and acknowledge that a redevelopment plan exists for Bicentennial Park. Implementation of said plan could result in the immediate revocation of this license. III. Cone of Silence Pursuant to Section 18-74 of the City of Miami Ordinance No. 12271, a "Cone of Silence" is imposed upon each RFP, RFQ, RFLI, or IFB after advertisement and terminates at the time the City Manager issues a written recommendation to the Miami City Commission. The Cone of Silence shall be applicable only to Contracts for the provision of goods and services and public works or improvements for amounts greater than $200,000. The Cone of Silence prohibits any communication regarding RFPs, RFQs, RFLI or IFBs (bids) between vendors, representatives, City staff, and others, per said Ordinance. The Cone of Silence shall apply to this RFLI. IV. Minimum Qualifications/ Bid Security The following represent the minimum qualifications for a Firm to be considered for the provision of the Services. 1. Successful Proposer must demonstrate successful extensive experience in the management and operation of facilities similar to those proposed. 2. Successful Proposer must possess sufficient qualified, experienced, and trained staff to provide the Services in a professional, safely and timely manner. 3. Meet or exceed all elements of the Scope of Services. 4. Successful Proposer must provide the Bid Security described in Section XVII hereof. V. Deadline for Receipt of Information / Clarification All Proposals must be received at the time, date and place specified in the first page of this RFLI. Proposals received after the required time and date shall be returned and shall not be considered. No exceptions can or shall be made for this requirement. Pursuant to the Cone of Silence, any request for additional information or clarification must be received in writing no later than 5:00 p.m. on Wednesday, February 27, 2008. Interested individuals (Proposers) should email mrath{cr�ci.miami.fl.us or fax their requests to (305) 400-5153 to the attention of Michael A. Rath, CPPO, CPPB, Assistant purchasing Director, at the City's Department of Purchasing. This RFLI is subject to the City's "Cone of Silence" in accordance with Section 18-74 of the City's Ordinance No. 12271. VI. Independent Contractor The Successful Proposer is considered an independent contractor, and neither the Successful Proposer nor any of its agents, representatives or employees shall be considered to be an employee of the Trust. RFLI No. 75049 2 PLAN FOR THE USE OF THE SOUTHEAST CORNER OF BICENTENNIAL PARK VIII. Resolution of Protests Any actual or prospective contractual party who feels aggrieved in connection with the solicitation or award of a contract may protest in writing to the Director of Purchasing/Chief Procurement Officer of the City of Miami who shall have the authority, subject to the approval of the City Manager and the City Attorney, to settle and resolve a protest with final approval by the City Commission. Bidders are alerted to Section 18- 103 of the City's Ordinance No. 12271 describing the protest procedures. Protests failing to meet the requirements for filing shall not be accepted. Failure of a party to timely file shall constitute a forfeiture of such party's right to file a protest. NO EXCEPTIONS. IX. Sub -Contractors of Work Shall Be Identified In its Proposal, the Firm shall identify all Sub -Contractors, as applicable, that will be used in the performance of the Services, their capabilities, experience, M/WBE designation, as defined in Ordinance 10062 and a brief description of the work to be performed by the subcontractor(s). The Successful Proposer shall not, at any time during the term of the Contract, subcontract any part of his/her operations or assign any portion or part of the Contract to a sub-consultant(s) not mentioned in its Proposal without written consent of the Trust. Nothing contained in this RFLI shall be construed as establishing any contractual relationship between any sub-consultant(s) and the Trust. X. Collusion The Proposer, by submitting a Proposal, certifies that its Proposal is made without previous understanding, agreement or connection either with any person, firm, or corporation submitting a Proposal for the same services, or with the City's Purchasing Department or initiating Department/Office/Trust. The Proposer certifies that its Proposal is fair, without control, collusion, fraud, or other illegal action. The Proposer further certifies that it is in compliance with the conflict of interest and code of ethics laws. The City will investigate all situations where collusion may have occurred and the City reserves the right to reject any and all Proposals where collusion may have occurred. Xl. Indemnification The Successful Proposer shall agree to indemnify, defend and hold harmless the City and Trust, and their respective officials, employees and agents (collectively referred to as "Indemnities") and each of them from and against all losses, costs, penalties, fines, damages, claims, expenses (including attorney's fees), liabilities (collectively referred to as "Liabilities") arising out of, or relating to, or caused by, the submission of a proposal, or the performance of the Services XII. Insurance Within ten (10) days after notification of award of a contract for the Services, the Successful Proposer shall furnish to the Purchasing Department evidence that it satisfies the Insurance Requirements set forth in Section 1.12. The Contract shall require the Successful Proposerto maintain throughout the term of and resulting Contract a minimum insurance coverage, as deemed acceptable by the City's Risk Manager, and shall name the City and Trust as Additional Insureds. Information regarding any insurance requirements shall be directed to the Risk Management Administrator, Risk Management Department, at (305) 416-1700. RFLI No. 75049 PLAN FOR THE USE OF THE SOUTHEAST CORNER OF BICENTENNIAL PARK In the event ,the Successful Proposer fails to submit to the Purchasing Department evidence of insurance, as herein required, then it will be liable to the City for the cost of re -procuring the Services XIII. Hold Harmless The Successful Proposer shall hold harmless and indemnify the City and Trust for any errors in the provision of services and for any fines which may result from the fault of the Successful Proposer. XIV. First -source Hiring Agreements. (a) The commission approves implementation of the first -source hiring agreement policy and requires as a condition precedent to the execution of service contracts for facilities, services, and/or receipt of grants and loans, for projects of a nature that create new jobs, the successful negotiation of first -source hiring agreements between the organization or individual receiving said contract and the authorized representative unless such an agreement is found infeasible by the city manager and such finding approved by the city commission at a public hearing. (b) For the purpose of this section, the following terms, phrases, words and their derivations shall have the following meanings: Authorized representative means the Private Industry Council of South Florida/South Florida Employment and Training Consortium, or its successor as local recipient of federal and state training and employment funds. Facilities means all publicly financed projects, including but without limitation, unified development projects, municipal public works, and municipal improvements to the extent they are financed through public money services or the use of publicly owned property. Grants and Ioans means, without limitation, urban development action grants (UDAG), economic development agency construction Ioans, Ioans from Miami Capital Development, Incorporated, and all federal and state grants administered by the city. Service contracts means contracts for the procurement of services by the City which include professional services. Services include, without limitation, public works improvements, facilities, professional services, commodities, supplies, materials and equipment. (c) The authorized representative shall negotiate each first -source hiring agreement. (d) The primary beneficiaries of the first -source hiring agreement shall be participants of the City training and employment programs, and other residents of the City. XV. Acceptance or Rejection of Bids: The City and/or the Trust, in their sole discretion reserve the right to reject any or all proposals or to award any or all portions of the Contract in a manner that is in the best interest of the City. RFLI No. 75049 4 PLAN FOR THE USE OF THE SOUTHEAST CORNER OF BICENTENNIAL PARK XVI. Evaluation An Evaluation Committee ("Committee") will be created by the Trust and approved by both the Executive Director of the Trust and the City Manager to evaluate each Proposal to determine the Firm that is most advantageous and in the Trust's best interest. The Committee may require an oral presentation from Proposer(s). Proposers shall be evaluated on the basis of: • Overall Qualifications and Experience of Proposer (50%); • Technical Solution/Approach (20%); and • Overall Compensation paid to the Trust (30%); based upon the information as requested in Section XVII Submission Requirements. Proposals will be reviewed and evaluated by the Committee, which will submit its report and ranking to the Trust. The Trust will be responsible for recommending to the City Manager the most qualified firm with whom to negotiate a Contract, and the City Commission must approve the recommendation for award. Either the Trust's Executive Director, City Manager, or City Commission further reserves the right to accept or reject any recommendation. The Trust will negotiate a Contract with the Successful Proposer after City Commission approval. XVII. Submission Requirements Proposers shall provide, at a minimum, the following information and documentation with its Proposal: a) The firm, corporation, joint venture, partnership, individual, or other legal entity's qualifications and proven experience as it relates to facility management, events production and promotion similar in size and scope of the proposed location. b) Overall description of operation c) Description of immediate improvements d) Base / guaranteed income to the Trust. Additionally, all Proposals shall be accompanied by either an original bid bond executed by a surety company, or by cash, money order, certified check, cashier's check, Letter of Credit, treasurer's check or bank draft of any national or state bank (United States), in the amount of $20,000, payable to City of Miami, Florida, and conditioned upon the Firm being selected as the Successful Proposal and thereafter executing the Contract and providing the required evidence of insurance. A PERSONAL CHECK OR A COMPANY CHECK OF A PROPOSER SHALL NOT BE DEEMED A VALID BID SECURITY. The bid security shall be forfeited to the City of Miami as liquidated damages, not as a penalty, for the cost and expense incurred should said Successful Proposer fail to execute the Contract and provide the evidence of Insurance. The Bid Security shall be returned to the Firm if it is not selected as the Successful Proposer, or upon satisfaction of the conditions set forth herein. RFLINo. 75049 PLAN FOR THE USE OF THE SOUTHEAST CORNER OF BICENTENNIAL PARK Failure to provide each of the above may be cause to deem your Proposal non- responsive. XVIII. Receipt of Responses Provide one (1) original and five (5) copies of signed and dated Proposal with required documentation to the Office of the City Clerk, Attn: Priscilla A. Thompson, 3500 Pan American Drive, First Floor, Miami, Florida 33133 no later than the date and time specified herein. Proposals shall be submitted in hard copy format only. Electronic submittals will not be accepted. Responses must be clearly marked on the outside of the envelope/package referencing RFLI No. 75049, MANAGEMENT PLAN FOR THE SOUTHEAST CORNER OF BICENTENNIAL PARK. Failure to submit Response by the due date and time, and at the location specified above, will disqualify Proposer. RFL1No. 75049 6 PLAN FOR THE USE OF THE SOUTHEAST CORNER OF BICENTENNIAL PARK 1.0 RFLI Information Form PLAN FOR THE USE OF THE SOUTHEAST CORNER OF BICENTENNIAL PARK RFL( NO. 75049 I certify that any and all information contained in this Proposal is true; and I further certify that this Proposal is made without prior understanding, agreement, or connections with any corporation, firm or person submitting a Proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I agree to abide by all terms and conditions of the RFLI, and certify that I am authorized to sign for the Proposer. Please print the following and sign your name: Firm's Name: Telephone: Principal Business Address: Fax: E-mail address: Name: Mailing Address: Title: Authorized Signature: RFLI No. 75049 PLAN FOR THE USE OF THE SOUTHEAST CORNER OF BICENTENNIAL PARK 7 1.1 CERTIFICATE OF AUTHORITY STATE OF ) SS: COUNTY OF (IF CORPORATION) I HEREBY CERTIFY that a meeting of the Board of Directors of the a corporation existing under the laws of the State of , held on 20 , the following resolution was duly passed and adopted: "RESOLVED, that, as President of the Corporation, be and is•hereby authorized to execute the Proposal dated, , 20 , to the City of Miami and this corporation and that their execution thereof, attested by the Secretary of the Corporation, and with the Corporate Seal affixed, shall be the official act and deed of this Corporation." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this , day of , 20__ . Secretary: (SEAL) FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE. RFLINo. 75049 PLAN FOR THE USE OF THE SOUTHEAST CORNER OF BICENTENNIAL PARK CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) STATE OF ) ) SS: COUNTY OF ) I HEREBY CERTIFY that a meeting of the Partners of the organized and existing under the laws 'of the State of , held on , 20 , the following resolution was duly passed and adopted: "RESOLVED, that, , as of the Partnership, be and is hereby authorized to execute the Proposal dated, 20 , to the City of Miami and this partnership and that their execution thereof, attested by the shall be the official act and deed of this Partnership." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this , day of 20 Secretary: (SEAL) FAILURE TO COMPLETE, SIGN. AND RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE. RFLI No. 75049 PLAN FOR THE USE OF THE SOUTHEAST CORNER OF BICENTENNIAL PARK 9 STATE OF COUNTY OF CERTIFICATE OF AUTHORITY (IF JOINT VENTURE) ) SS: I HEREBY CERTIFY that a meeting of the Principals of the organized and existing under the laws of the State of held on , 20 , the following resolution was duly passed and adopted: "RESOLVED, that, as of the Joint Venture be and is hereby authorized to execute the Proposal dated, 20_ , to the City of Miami official act and deed of this Joint Venture." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this , day of ,20 Secretary: (SEAL) FAILURE TO COMPLETE. SIGN, AND RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE. RFLINo. 75049 10 PLAN FOR THE USE OF THE SOUTHEAST CORNER OF BICENTENNIAL PARK STATE OF ) SS: COUNTY OF CERTIFICATE OF AUTHORITY (if Individual) I HEREBY CERTIFY that as an individual, I (Name of Individual) and as a d/b/a (doing business as) (if applicable) exist under the laws of the State of Florida. "RESOLVED, that, as an individual and/or d/b/a (if applicable); be and is hereby authorized to execute the Proposal dated, , 20 , to the City of Miami as an individual and/or d/b/a (if applicable) and that my execution thereof, attested by a Notary Public of the State, shall be the official act and deed of this attestation." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Notary Public this , day of , 20 . NOTARY PUBLIC: Commission No.: I personally know the individual/do not know the individual (Please Circle) Driver's License # (SEAL) FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE. RFLINo. 75049 11 PLAN FOR THE USE OF THE SOUTHEAST CORNER OF BICENTENNIAL PARK 1.2 INSURANCE REQUIREMENTS Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence General Aggregate Limit Personal and Adv. Injury Products/Completed Operations B. Endorsements Required City of Miami included as an Additional Insured Employees included as insured Contractual Liability Explosion, Collapse & Underground Independent Contractors Coverage Waiver of Subrogation II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto Including Hired, Borrowed or Non -Owned Autos Any One Accident B. Endorsements Required City of Miami included as an Additional Insured Employees included as insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of Subrogation IV. Employer's Liability $ 1,000,000 $ 2,000,000 $ 1,000,000 $ 1,000,000 $ 1,000,000 A. Limits of Liability $100,000 for bodily injury caused by an accident, each accident $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit RFLINo. 75049 PLAN FOR THE USE OF THE SOUTHEAST CORNER OF BICENTENNIAL PARK 12 The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer not less than (30) days prior to any such cancellation or material change. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. The undersigned Proposer acknowledges that they has read the above information and agrees to comply with all the above City requirements. Proposer: Signature: (Company name) Date: Print Name: FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE. RFLINo. 75049 PLAN FOR THE USE OF THE SOUTHEAST CORNER OF BICENTENNIAL PARK 13