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LTC 566-2017 Issuance of Request for Proposals (RFP) NO. 2018-02 1MI AMI BEACH OFFICE OF THE CITY MANAGER LTC# 566-2017 TO COMMISSION TO: Mayor Dan Gelber and Members FROM: DATE: November 21, 2017 SUBJECT: ISSUANCE OF REQUEST F R PROPOSALS (RFP) NO. 2018-021-KB BARCLAY PLAZA APARTMEN LEASE BACKGROUND On May 6, 2015 , City Commission adopted Resolution No.2015-29017, which directed that the Barclay Plaza Apartments be developed as Workforce Housing serving persons employed in the public safety, education and municipal sectors earning between 120% to up to 140% of the Area Median Income (AMI). On March 1, 2017, the City Commission adopted Resolution No . 2017- 29758 which amended the serving person's earnings, up to 140% (AMI). Additionally, Commission accepted the recommendations made by the Land Use and Development Committee to incentivize the private development of Workforce Housing. On April 26, 2017, the City Commission adopted Resolution No. 2017-29823 that accepted the recommendations made by the Finance and Citywide Projects Committee from the March 31, 2017 meeting, with respect to the development of the Barclay Plaza Apartments, which included the following parameters: A. Income limits increased to accommodate households earning up to 140% AMI , and thereby ensure the broadest inclusion of City of Miami Beach municipal workers and educators as possible; B. Two-year employment tenure be the minimum threshold for eligibil ity of tenants served by the Project; C. The parking lot and existing pool at the Barclay Plaza Apartments may be considered for inclusion in the development area for the Project to maximize the number of units that can be developed for Workforce Housing purposes; and D. The Project's potential inclusion of a commercial component or accessory use , subject to prior review and approval by the City. On July 27, 2017, the City Commission adopted Resolution No. 2017-29925 that accepted the recommendations of the June 16, 2017 Finance and Citywide Projects Committee providing certain parameters for the Barclay Plaza Apartments development: Projected rents to be established at 30% of the targeted AMI ranges and adjusted for unit size or currently approximately $1,491 -$1,740 for a one bedroom unit, and $1,917 -$2 ,237 for a two-bedroom unit, as adjusted for inflation via the Consumer Price Index, in order to ensure that units remain Affordable for the targeted workforce sectors The issuance of an Request for Proposals (RFP) by the City of Miami Beach shall provide a means for prospective proposers to submit their qualifications, approach, conceptual design, and financial and other terms for the City's consideration. Additionally, the RFP will result in the leasing of the Barclay Plaza Apartments, [0.60] acre City -owned site located at [1940 Park Avenue, Miami Bea c h, FL 33139], for res idential Workforce Housing apartment building serving 2 LTC -REQUEST FOR APPROVAL TO ISSUE A REQUEST FOR PROPOSALS (RFP) NO. 2018-021-KB BARCLAY PLAZA APARTMENTS LEASE City of Miami Beach Municipal workers and feeder pattern educators with a minimum of 26 units and related improvements. The project includes the renovation of the existing historical building in accordance with historic preservation requirements. The project may include the potential development of the existing parking lot on the property, and commercial accessory uses, in accordance with the City's land development regulations and subject to approval by the applicable regulatory boards and the City Commission . Additionally, proposals should take into consideration current market needs and conditions, and utilize the land to leverage other public (County, State or Federal), non-profit and private funds for site development in the best manner possible for the community. Scope of Services The scope of services proposed for the RFP shall include, but not be limited to the following: 1. The City shall not provide, nor should Proposers rely on, any public funding or public financing for the Project. 2. The Developer shall be solely responsible for all costs and expenses associated with the development, design, construction, equipping, and installation of all furniture, fixtures, equipment and other improvements relating to the Project, the Developer will also be responsible for its subsequent operation or use, and all alterations, repairs or replacements thereof. 3. The Developer shall be required to make a repayment to the United States Department of Housing and Urban Development (HUD) in the amount of $485,832.22 for HUD funds previously invested in this property. 4. For the term of the Lease, the Developer must continuously operate the residential portion of the Project for Workforce Housing purposes, in accordance with, and subject to the parameters and limitations, specified by the City, in the negotiated Lease. 5. The Lease awarded pursuant to this RFP, as the same may be modified, amended or renewed, will not at any time be subject or subordinate to (a) any mortgage now or hereafter placed upon Developer's interest in the Lease, or (b) any other liens or encumbrances hereafter affecting Developer's interest in the Lease. The City shall at all times have a first priority right to payment of rent due to City under the Lease. The Lease shall contain commercially reasonable terms intended to facilitate traditional financing. 6 . The Developer must accept the Property in its "AS IS" condition , with all faults and patent or latent defects, and with no representation or warranties by the City of any kind whatsoever with respect to the Property or the condition, feasibility, value or financial prospects of the Project or any portion thereof. 7. The rights granted under the Lease shall be non-exclusive and the City reserves the right to grant similar privileges and similar leases to other lessees, and to take any and all actions (including the leasing of City Property other than the Property for any lawful purpose) that City is permitted to take under Federal, State, and Local law. 8. Minimum Unit Size and Composition: Developer must provide, at a minimum, in its Development Plan the following number and configuration of units to be rehabilitated/developed as Workforce Housing units: a. Studios - 2 b. One-bedroom -16 c. Two-bedroom - 6 d. Three-bedroom - 2 Minimum amenity: All units must have in-unit laundry facilities 9. The project shall be in compliance with energy efficiency and Leadership in Energy and Environmental Design (LEED) Gold construction standards. At the conclusion of the RFP process, and once the Developer is selected, the City intends to negotiate a Development Agreement and Ground Lease with the Developer. It is anticipated that the resulting development should yield the maximum number of units feasible under current zoning and provide the most efficient use of the Property. 3 L TC -REQUEST FOR APPROVAL TO ISSUE A REQUEST FOR PROPOSALS (RFP) NO. 2018-021-KB BARCLAY PLAZA APARTMENTS LEASE On October 18, 2017 City Commission authorized the administration to release the final draft of the RFP via L TC to City Commission and following Commission's acceptance further authorizing the issuance of the RFP. Therefore, attached to this LTC is RFP No 2018-021-KB for Barclay Plaza Apartments Lease. MINIMUM QUALIFICATIONS. Please Reference, Appendix C, Page 34, RFP 2018-021- KB, for Barclay Plaza Apartments Lease . SUBMITTAL REQUIREMENTS. Please Reference Section 0300, Page 13, RFP 2018- 021-KB, for Barclay Plaza Apartments Lease. CRITERIA FOR EVALUATION. Please Reference Section 0400, Page 20, RFP 2018- 021-KB, for Barclay Plaza ,Apartments Lease. I would appreciate any comments and/or suggestions you may have by Tuesday, November 28, 2016. JLM I ts I ~/ A~ I g REQUEST FOR PROPOSALS (RFP) BARCLAY PLAZA APARTMENTS LEASE RFP NO. 20 18-021-KB RFP ISSUANCE DATE: NOVEMBER 29, 2017 PROPOSALS DUE: JANUARY 15, 2018 ISSUED BY: M IAMI BEACH Kristy Bada, Contracting Officer Ill PROCUREMENT DEPARTMENT 1755 Merid ian Avenue , 3rd Floor, Miami Beach, FL 33139 305 .673 .7000 x6218 I kristybada@miamibeachfl.gov www .miamibeachfl.gov MIAMI BEACH TABLE OF CONTENTS SOLICITATION SECTIONS: PAGE 0100 PUBLIC NOTICE .......................................................................................................... 3 0200 INSTRUCTIONS TO PROPOSERS & GENERAL CONDITIONS ................................ 4 0300 PROPOSAL SUBMITTAL INSTRUCTIONS & FORMAT ............................................ 13 0400 PROPOSAL EVALUATION ....................................................................................... 20 0500 CITY OF MIAMI BEACH LICENSES, PERMITS AND FEES ................................. 24 APPENDICES: PAGE APPENDIX A PROPOSAL CERTIFICATION, QUESTIONNAIRE AND AFFIDAVITS ....... 25 APPENDIX B "NO PROPOSAL" FORM ............................................................................ 32 APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS ..................................... 34 APPENDIX D REVENUE PROPOSAL FORM ................................................................... 48 APPENDIX E INSURANCE REQUIREMENTS ................................................................. 51 RFP 20 l 8-02 1-KB 2 SECTION 0100 MIAMI BEACH PUBLIC NOTICE City of Miami Beach, 1755 Meridian Avenue , 3rt1 Floor, Miami Beach, Flo rid a 33139, www.m iamibeachfl.gov PROCUREMENT DEPARTMENT Tel: 305.673.7490 REQUEST FOR PROPOSALS (RFP) No. 2018-021-KB BARCLAY PLAZA APARTMENTS LEASE Miami Beach, Florida Sealed proposals will be received until 3:00 PM on January 15, 2018 at the following address: City of Miami Beach, Procurement Department, 3rd Floor, and 1755 Meridian Avenue, Miami Beach, Florida 33139. By means of this RFP , the City of Miami Beach is seeking proposals for public/priv ate partnerships to design, build, operate, and maintain workforce housing at the current Barday Plaza Apartments property owned by the City of Miam i Beach. Accordingly , the City is seeking development teams with proven experience in the development of similar facil ities or Projects , and the financial and professional qualifications to deliver high-quality, economically feasible Project(s). The City is interested in evaluati ng the financia l capacity of each developer in assuming the design-build process of the Barclay Plaza Apartments (Barclay) located at 1940 Park Avenue , Miami Beach, FL 33139 along with a negotiated management agreement (or lease) dedicated to workforce housing , defi ned as housing ded icated to individuals earning up to 140% of the Area Median Income and employed in the public safety, education and mun icipal sectors. A Pre-Proposal Meeting is scheduled for Thursday, December 13, 2017@ 10:00 A.M. at the following address: City of Miami Beach, Procurement Department Conference Room, 3rd Floor, and 1755 Meridian Avenue, Miami Beach, Florida 33139. Attendance (in person or via telephone) is as a source of information. Respondents interested in participati ng in the Pre-Proposal Meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-888-270-9936 (Toll-free North America) (2) Enter the MEETING NUMBER: 5804578# The deadline for receipt of questions is due on Tuesday, January 5, 2017 by 5:00 pm and all questions or requests for dari ficatio ns must be received by the Procurement Department in writing to Kri sty Bada , via e-mail: kristvbada@m iam ibeachfl.gov with a copy to the City Clerk's, Rafael E. Granade via email : rafaelgranado@miam ibeachfl.gov no later than ten (10) calendar days prior to the scheduled RFP due date. For further information regarding th is RFP and to receive any addendum issued, interested parties are req uired to register with Public Purchase at www .publicpurchase .com . Failure to receive an addendum issued through Public Purchase may result in disq ualification of bid. YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR QUALIFICATIONS IS UNDER THE CONE OF SILENCE~RDINANCE NO. 2002-3378 WHICH MAY BE FOUND ON THE CITY OF MIAMI BEACH WEBSITE: http :! /web . miamibeachfl.gov/procurement/scroll.aspx?id =23510. Sincerely, Kristy Bada Contracting Officer Ill Procurement Department RF P 201 8-02 1-KB 3 MAMI BEACH SECTION 0200 INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS 1. GENERAL. This Request for Proposals (RFP) is issued by the City of Miami Beach, Florida (the "City"), as the means for prospective Proposers to submit their qualifications, proposed scopes of work and cost Statement of Qualifications (the "proposal") to the City for the City's consideration as an option in achieving the required scope of services and requirements as noted herein. All documents released in connection with this solicitation, including all appendices and addenda , whether included herein or released under separate cover, comprise the solicitation, and are complementary to one another and together establish the complete terms, conditions and obligations of the Proposer and, subsequently, the successful proposer(s) (the "contracto~s]") if this RFP results in an award. The City utilizes PublicPurchase (www.publicpurchase .com ) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this RFP. Any prospective proposer who has received this RFP by any means other than through PublicPurchase must register immediately with PublicPurchase to assure it receives any addendum issued to this RFP. Failure to receive an addendum may result in disqualification of proposal submitted. 2. PURPOSE. On May 6, 2015, via Resolution No.2015-29017, the City Commission directed that the Barclay Plaza Apartments be developed as Workforce Housing serving persons employed in the public safety, education and municipal sectors earning between 120% to up to140% of the Area Median Income (AMI). This definition was later amended via Resolution No .2017- 29758 to serve persons earning up to 140% (AMI). On March 1, 2017, the City Commission adopted Resolution No. 2017- 29758 that accepted the recommendations made by the Land Use and Development Committee to incentivize the private development of Workforce Housing. On April 26, 2017, the City Commission adopted Resolution No. 2017-29823 that accepted the recommendations made by the Finance and Citywide Projects Committee for the development of the Barclay Plaza Apartments: A. Income limits increased to accommodate households earning up to 140% AMI, and thereby ensure the broadest inclusion of City of Miami Beach municipal workers and educators as possible; B. Two-year employment tenure be the minimum threshold for eligibility of tenants served by the Project; C. The parking lot and existing pool at the Barclay Plaza Apartments may be considered for inclusion in the development area for the Project to maximize the number of units that can be developed for Workforce Housing purposes; and D. The Project's potential inclusion of a commercial component or accessory use, subject to prior review and approval by the City. On July 27, 2017, the City Commission adopted Resolution No. 2017-29925 that accepted the recommendations of the June 16, 2017 Finance and Citywide Projects Committee providing certain parameters for the Barclay Plaza Apartments development: Projected rents to be established at 30% of the targeted AMI ranges and adjusted for unit size or currently approximately $1,491 -$1,740 for a one bedroom unit, and $1,917 -$2,237 for a two-bedroom unit, as adjusted for inflation via the Consumer Price Index, in order to ensure that units remain Affordable for the targeted workforce sectors By means of this RFP, the City seeks to contract with a public/private partner to design, build, operate and maintain workforce housing at the current Barclay Plaza property owned by the City of Miami Beach. Accordingly, the City is seeking development teams with proven experience in the development of similar facilities or Projects, and the financial and professional qualifications to deliver high-quality, economically feasible Project(s). The City is interested in evaluating the financial capacity of each developer in assuming the design-build process of the Barclay Plaza Apartments (Barclay) located at 1940 Park Avenue, Miami Beach, Fl 33139 along with a negotiated management agreement (or lease) dedicated to workforce housing, defined housing dedicated to individuals earning up to 140% of the Area Median Income and employed in the public safety, education and municipal sectors. Phase I proposals will be evaluated in accordance with the criteria established in Section 0400 for Phase I Evaluation. Following City Commission selection of the short-listed proposers pursuant to Phase I of the RFP, the short-listed proposers will be allotted approximately 45 days to prepare a detailed technical proposal for the Project. The short-listed proposers will also be provided, via addendum, with the formal technical requirements and the Agreement. Following Phase I short-listing and prior to rece ipt of proposals pursuant to Phase 11, the City may issue further information and clarifications via Addenda to the short-listed proposers, including (but not limited to) any amendments to the technical requirements , revenue proposal form, RFP 2618:021 -k§ 4 MIAMI BEACH form of contract, and other informational items or requ irements necessary for the short-listed proposers to submit its Phase II proposals . Add itionally, the City will conduct a pre-s ubmittal conference with short-listed proposers to facilitate project understanding and consider any project-specific questions from th e short-listed proposers. Phase II proposals will be evaluated in accordance with the criteria established in Sect ion 0400 for Phase II Eva luation. Following City Commission approva l of the City Manager's recommendation pursuant to Phase II , the City will enter into contract negotiations and execut ion. RFP Issued November 29, 2017 Pre-Proposal Meeting December 13, 2017 at 10:00am Deadline for Receipt of Questions January 5, 2017 at 5:00pm Responses Due January 15, 2018 at 3:00pm Evaluation Comm ittee Meeting ' TBD Commission Approval to Shortlist TBD Phase II-Technical Proposals Sol icitation Issued to Short-Listed Proposers TBD Pre-Submittal Meeting TBD Deadl ine for Receipt of Questions TBD Proposals Due TBD Evaluation Committee Meeting to Interview TBD Commission Approval of Final Proposer TBD 4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: The Bid tit le/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than ten (10) calendar days prior to the date proposals are due as scheduled in Section 0200-3 . All responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum. 5. PRE-PROPOSAL MEETING OR SITE VISIT($). Only if deemed necessary by the City, a pre-proposal meeting or site visit(s) may be scheduled. A Pre-PROPOSAL conference will be held as scheduled in Anticipated RFP Timetable section above at the following address : City of Miami Beach Procurement Department Conference Room 1755 Meridian Avenue , 3RD Floor Miami Beach, Florida 33139 Attendance (in person or via telephone) is encouraged and recommended as a source of information , but is not mandatory. Proposers interested in participating in the Pre-Proposal Subm ission Meeting via telephone must follow these steps: RFP 2618:021 -KB 5 MIAMI BEACH (1) Dial the TELEPHONE NUMBER: 1-888-270-9936 (Toll-free North America) (2) Enter the MEETING NUMBER: 5804578 Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this RFP expressing their intent to participate via telephone. 6. PRE-PROPOSAL INTERPRETATIONS. Oral information or responses to questions received by prospective Proposers are not binding on the City and will be without legal effect, including any information received at pre- submittal meeting · or site visit(s). The City by means of Addenda will issue interpretations or written addenda clarifications considered necessary by the City in response to questions. Only questions answered by written addenda will be binding and may supersede terms noted in this solicitation. Addendum will be released through PublicPurchase. Any prospective proposer who has received this RFP by any means other than through PublicPurchace must register immediately with PublicPurchase to assure it receives any addendum issued to this RFP . Failure to receive an addendum may result in disqualification of proposal. Written questions should be received no later than the date outlined in the Anticipated RFP Tim•etable section. 7. CONE OF SILENCE. This RFP is subject to, and all proposers are expected to be or become familiar with, the City's Cone of Silence Requirements, as codified in Section 2-486 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Cone of Silence are complied with, and shall be subject to any and all sanctions, as prescribed therein, including rendering their response voidable, in the event of such non-compliance. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgranado@miamibeachfi.gov 8. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following ordinances/resolutions, which may be found on the City Of Miami Beach website: http ://web. miamibeachfi.qov/procurement/scroll.aspx?id= 79113 • CONE OF SILENCE ............................................................................................... . • PROTEST PROCEDURES ...................................................................................... . • DEBARMENT PROCEEDINGS ................................................................................. . • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES ............................................ . • CAMPAIGN CONTRIBUTIONS BY VENDORS ............................................................. . • CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT ISSUES ................. . • REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS ......................................................................................... . • LIVING WAGE REQUIREMENT ................................................................................ . • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE-CERTIFIED SERVICE-DISABLED VETERAN BUSINESS ENTERPRISES ..................................................................................................... . • FALSE CLAIMS ORDINANCE ................................................................................... . • ACCEPTANCE OF GIFTS , FAVORS & SERVICES ........................................................ . CITY CODE SECTION 2-486 CITY CODE SECTION 2-37,1 CITY CODE SECTIONS 2-397 THROUGH 2-485.3 CITY CODE SECTIONS 2-481THROUGH2-406 CITY CODE SECTION 2-487 CITY CODE SECTION 2-488 CITY CODE SECTION 2-373 CITY CODE SECTIONS 2-407 THROUGH 2-41 0 CITY CODE SECTION 2-374 CITY CODE SECTION 70-300 CITY CODE SECTION 2-449 9. PUBLIC ENTITY CRIME. A person or affil iate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017 , for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. · 10. COMPLAINCE WITH THE CITY'S LOBBYIST LAWS. This RFP is subject to , and all Proposers are expected to be or become familiar with, all City lobbyist laws. Proposers shall be solely responsible for ensuring that all City RFP 2618:021 -kB 6 !\I BEACH lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed the rein , including, without limitation, disqualification of their responses, in the event of such non-compliance. 11. DEBARMENT ORDINANCE: This RFP is subject to, and all proposers are expected to be or become familiar with, the City's Debarment Ordinance as codified in Sections 2-397 through 2-406 of the City Code . 12. WITH THE CITY'S CAMPAIGN FINANCE REFORM LAWS . This RFP is subject to , and all Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable prov isions of the City 's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their responses, in the event of such non-compliance. 13. CODE OF BUSINESS ETHICS. Pursuant to City Resolution No.2000-23879, the Proposer shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with its response or within five (5) days upon receipt of request. The Code shall , at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including , among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. 14. AMERICAN WITH DISABILITIES ACT (ADA). Call 305-673-7490 to request material in accessible format; sign language interpreters (five (5) days in advance when possible), or information on access for persons with disabilities. For more information on ADA compliance, please call the Public Works Department, at 305-673-7000, Extension 2984. 15. POSTPONEMENT OF DUE DATE FOR RECEIPT OF PROPOSALS. The City reserves the right to postpone the deadline for submittal of proposals and will make a reasonable effort to give at least three (3) calendar days written notice of any such postponement to all prospective Proposers through PublicPurchase. 16. PROTESTS. Proposers that are not selected may protest any recommendation for selection of award in accordance with proceedings established pursuant to the City's bid protest procedures, as codified in Sections 2-370 and 2-371 of the City Code (the City's Bid Protest Ordinance). Protest(s) not timely made pursuant to the requirements of the City's Bid Protest Ordinance shall be barred. 17. NOT USED. 18. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City Code Section 2-374, the City shall give a preference to a responsive and responsible Proposer which is a small business concern owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise, and which is with in five percent (5%) of the lowest responsive, responsible proposer, by providing such proposer an opportunity of providing said goods or contractual services for the lowest responsive proposal amount (or in this RFP , the highest proposal amount). Whenever, as a result of the foregoing preference , the adjusted prices of two (2) or more proposers which are a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise constitute the lowest proposal pursuant to an RFP or oral or written request for quotation, and such proposals are responsive, responsible and otherwise equal with respect to quality and service, then the award shall be made to the service-disabled veteran business enterprise . 19. DETERMINATION OF AWARD. The final rank ing results of Step 1 & 2 outlined in Section 0400, Evaluation of Proposals , will be considered by the City Manager who may recommend to the City Commission the Proposer(s) s/he deems to be in the best interest of the City or may recommend rejection of all proposals. The City Manager's recommendation need not be consistent with the scoring results identified herein and takes into cons ideration Miami Beach City Code Section 2-369 , including the following considerations: RFP 26 l 8:02 1-KB 7 MIAMI BEACH (1) The ability, capacity and skill of the Proposer to perform the contract. (2) Whether the Proposer can perform the contract within the time specified, without delay or interference. (3) The character, integrity, reputation , judgment, experience and efficiency of the Proposer. (4) The quality of performance of previous contracts. (5) The previous and existing compliance by the Proposer with laws and ordinances relating to the contract. The City Commission shall consider the City Manager's recommendation and may approve such recommendation. The City Commission may also, at its option, reject the City Manager's recommendation and select another Proposal or Proposals which it deems to be in the best interest of the City , or it may also reject all Proposals . 20. NEGOTIATIONS. Following selection , the City reserves the right to enter into further negotiations with the selected Proposer. Notwithstanding the preceding, the City is in no way obligated to enter into a contract with the selected Proposer in the event the parties are unable to negotiate a contract. It is also understood and acknowledged by Proposers that no property, contract or legal rights of any kind shall be created at any time until and unless an Agreement has been agreed to ; approved by the City; and executed by the parties. 21. POSTPONEMENT/CANCELLATION/ACCEPTANCE/REJECTION. The City may, at its sole and absolute discretion , reject any and all, or parts of any and all , responses; re-advertise this RFP; postpone or cancel , at any time, this RFP process; or waive any irregularities in this RFP, or in any responses received as a result of this RFP. Reasonable efforts will be made to either award the proposer the contract or reject all proposals within one-hundred twenty (120) calendar days after proposal opening date. A proposer may withdraw its proposal after expiration of one hundred twenty (120) calendar days from the date of proposal opening by delivering written notice of withdrawal to the Department of Procurement Management prior to award of the contract by the City Commission. 22. PROPOSER'S RESPONSIBILITY. Before submitting a response, each Proposer shall be solely responsible for making any and all investigations, evaluations, and examinations, as it deems necessary, to ascertain all conditions and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements , and/or failure to make such evaluations, investigations , and examinations, will not relieve the Proposer from any obligation to comply with every detail and with all provisions and requirements of the contract , and will not be accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part of the Proposer. / 23. COSTS INCURRED BY PROPOSERS. All expenses involved with the preparation and submission of Proposals , or any work performed in connection therewith, shall be the sole responsib ility (and shall be at the sole cost and expense) of the Proposer , and shall not be reimbursed by the City. 24. RELATIONSHIP TO THE CITY. It is the intent of the City , and Proposers hereby acknowledge and agree , that the successful Proposer is considered to be an independent contractor, and that neither the Proposer, nor the Proposer's employees, agents, and/or contractors, shall, under any circumstances , be considered employees or agents of the City . 24. OCCUPATIONAL HEALTH AND SAFETY. In comp liance with Chapter 442 , Florida Statutes, any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this proposa l must be accompanied by a Material Safety Data Sheet (MSDS) which may be obta ined from the manufacturer. 25. ENVIRONMENTAL REGULATIONS. The City reserves the right to consider a proposer's history of citations and/or violations of environmental regulations in investigating a proposer's responsibility , and further reserves the RFP 2618-02 1-k§ 8 M~I BEACH right to declare a proposer not responsible if the history of violations warrant such determination in the opinion of the City. Proposer shall submit with its proposal, a complete history of all citations andlo r violations, notices and dispositions thereof. The non-submission of any such documentation shall be deemed to be an affirmation by the Proposer that there are no citations or violations. Proposer shall notify the City immediately of notice of any citation or violation which proposer may receive after the proposal opening date and during the time of performance of any contract awarded to it. 26. TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes. 27. MISTAKES. Proposers are expected to examine the terms, conditions, specifications, delivery schedules, proposed pricing, and all instructions pertaining to the goods and services relative to th is RFP. Failure to do so will be at the Proposer's risk and may result in the Proposal being non-responsive. 28. PAYMENT. Payment will be made by the City after the goods or services have been received, inspected, and found to comply with contract, specifications, free of damage or defect, and are properly invoiced. Invoices must be consistent with Purchase Order format. 29. COPYRIGHT, PATENTS & ROYALTIES. Proposer shall indemnify and save harmless the City of Miami Beach, Florida, and its officers, employees, contractors , and/or agents, from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the City of Miami Beach , Florida. If the Proposer uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the proposal prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 30. DEFAULT: Failure or refusal of the selected Proposer to execute a contract following approval of such contract by the City Commission, or untimely withdrawal of a response before such award is made and approved, may result in a claim for damages by the City and may be grounds for removing the Proposer from the City's vendor list. 31. MANNER OF PERFORMANCE. Proposer agrees to perform its duties and obligations in a professional manner and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Lack of knowledge or ignorance by the Proposer with /of applicable laws will in no way be a cause for relief from responsibility. Proposer agrees that the services provided shall be provided by employees that are educated, trained, experienced, certified, and licensed in all areas encompassed within their designated duties. Proposer agrees to furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently required by applicable laws, rules, and regulations. Proposer further certifies that it and its employees will keep all licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure of Proposer to comply with this paragraph shall constitute a material breach of this contract. Where contractor is required to enter or go on to City of Miami Beach property to deliver materials or perform work or services as a result of any contract resulting from this solicitation, the contractor will assume the full duty, obligation and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all applicable laws. The contractor shall be liable for any damages or loss to the City occasioned by negligence of the Proposer, or its officers , employees, contractors, and/or agents, for failure to comply with applicable laws. 32. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. RF P 26 18-02 1-KB 9 MIAMI BEAC 33. NON-DISCRIMINATION. The Proposer certifies that it is in compliance with the non-discrimination clause contained in Section 202 , Executive Order 11246, as amended by Executive Order 11375 , relative to equal employment opportunity for all persons without regard to race , color, rel igion , sex or national orig in. In accordance with the City's Human Rights Ordinance, codified in Chapter 62 of the City Code , Proposer shall prohibit discrimination by reason of race, color, national orig in, religion, sex, intersexuality , gender identity, sexual orientation, marital and familial status, and age or disab ility . 34. DEMONSTRATION OF COMPETENCY. The City may consider any evidence available regarding the financ ial, technical , and other qualifications and abilities of a Proposer, including past performance (experience} in making an award that is in the best interest of the City, including : A. Pre-award inspection of the Proposer's facility may be made prior to the award of contract. B. Proposals will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this sol icitation . C. Proposers must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the services if awarded a contract under the terms and conditions of this solicitation. D. The terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and well establ ished company in line with the best business practices in the industry, and as determined by the City of Miami Beach. E. The City may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a Proposer, including past performance (experience}, in making an award that is in the best interest of the City . F. The City may require Proposer(s} to show proof that they have been designated as authorized representatives of a manufacturer or suppl ier, which is the actual source of supply. In these instances , the City may also require material informat ion from the source of supply regarding the quality , packaging and characteristics of the products to be supply to the City . 35. ASSIGNMENT. The successful Proposer shall not assign, transfer, convey, sublet or otherwise dispose of the contract, including any or all of its right , title or interest therein, or his/her or its power to execute such contract , to any person, company or corporation, without the prior written consent of the City. 36. LAWS. PERMITS AND REGULATIONS. The Proposer shall obtain and pay for all licenses, permits and inspection fees required to complete the work and shall comply with all applicable laws. 37. OPTIONAL CONTRACT USAGE. When the successfu l Proposer (s} is in agreement, other un its of governmen t or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the un it of government or non-profit agency . 38. VOLUME OF WORK TO BE RECEIVED BY CONTRACTOR. It is the intent of the City to purchase the goods and services specifically listed in this solicitation from the contractor. However, the City reserves the right to purchase any goods or services awarded from state or other governmental contract, or on an as-needed basis through the City's spot market purchase provisions. 39. DISPUTES. In the event of a conflict between the documents, the order of priority of the documents shall be as follows : A. Any contract or agreement resulting from the award of this solicitation ; then B. Addendum issued for this solicitation , with the latest Addendum taking precedence; then C. The solicitation; then D. The Proposer's proposal in response to the solicitation . RFP 2618:021 -k§ 10 MIAMI BEACH 40. INDEMNIFICATION. The Proposer shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages. including attorney's fees and costs of defense , which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits. causes of actions or proceedings of any kind or nature arising out of. relating to or resulting from the performance of the agreement by the contractor or its employees , agents, servants , partners, principals or subcontractors. The contractor shall pay all claims and losses in connection therewith , and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable , including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred thereon. The Proposer expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall survive the expiration or terminat ion of this Agreement. 41. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been awarded. Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by the City and the contractor . 42. FLORIDA PUBLIC RECORDS LAW. Proposers are hereby notified that all Bids including, without limitation, any and all information and documentation submitted therewith. are exempt from public records requirements under Section 119 .07(1 ), Florida Statutes, and s. 24(a), Art. 1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty (30) days after opening of the proposals, whichever is earlier. Additionally , Contractor agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to , agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the services; (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all requirements for retain ing public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confident ial and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. 43. OBSERVANCE OF LAWS. Proposers are expected to be familiar with, and comply with, all Federal, State, County, and City laws, ordinances, codes, rules and regulations , and all orders and decrees of bodies or tribunals having jurisdiction or authority which, in any manner, may affect the scope of services and/or project contemplated by this RFP (including, without limitation, the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines). Ignorance of the law(s) on the part of the Proposer will in no way relieve it from responsibility for compliance. 44. CONFLICT OF INTEREST. All Proposers must disclose , in their Proposal, the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling , and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. RF P 2618-02 1-KB 1 1 IA t BEACH 45. MODIFICATION/WITHDRAWALS OF PROPOSALS. A Proposer may submit a modified Proposal to replace all or any portion of a previously submitted Proposal up until the Proposal due date and time. Modifications received after the Proposal due date and time will not be considered . Proposals shall be irrevocable until contract award unless withdrawn in writing prior to the Proposal due date, or after expiration of 120 calendar days from the opening of Proposals without a contract award. Letters of withdrawal received after the Proposal due date and before said expiration date, and letters of withdrawal received after contract award will not be considered. 47. EXCEPTIONS TO RFP. Proposers must clearly indicate any exceptions they wish to take to any of the terms in this RFP, and outline what, if any, alternative is being offered. All exceptions and alternatives shall be included and clearly delineated, in writing, in the Proposal. The City, at its sole and absolute discretion, may accept or reject any or all exceptions and alternatives. In cases in which exceptions and alternatives are rejected, the City shall require the Proposer to comply with the particular term and/or condition of the RFP to which Proposer took exception to (as said term and/or condition was originally set forth on the RFP). 48. ACCEPTANCE OF GIFTS, FAVORS, SERVICES. Proposers shall not offer any gratuities, favors , or anything of monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this Proposal. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the City shall accept any gift, favor or service that might reasonably tend improperly to influence him in the discharge of his official duties. 49. SUPPLEMENTAL INFORMATION. City reserves the right to request supplemental information from Proposers at any time during the RFP solicitation process, unless otherwise noted herein. 50. ADDITIONAL SERVICES. Although this solicitation and resultant contract identifies specific goods, services or facilities ("items"), it is hereby agreed and understood that the City, through the approval of the Department and Procurement Directors (for additional items up to $50,000) or the City Manager (for additional items greater than $50,000), may require additional items to be added to the Contract which are required to complete the work. When additional items are required to be added to the Contract, awarded vendor(s), as applicable to the item being requested, under this contract may be invited to submit price quote(s) for these additional requirements. If these quote(s) are determined to be fair and reasonable, then the additional work will be awarded to the current contract vendor(s) that offers the lowest acceptable pricing. The additional items shall be added to this contract by through a Purchase Order (or Change Order if Purchase Order already exists). In some cases, the City may deem it necessary to add additional items through a formal amendment to the Contract, to be approved by the City Manager. The City may determine to obtain price quotes for the additional items from other vendors in the event that fair and reasonable pricing is not obtained from the current contract vendors, or for other reasons at the City's discretion. Balance of Page Intentionally Left Blank RFP 2618-02 1-KB 12 MIAMI BEACH SECTION 0300 PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT 1. SEALED RESPONSES. One original Proposal (preferably in 3-ring binder) must be submitted in an opaque , sealed envelope or container on or before the due date established for the receipt of proposals . Additionally, ten (10) bound copies and one (1) electronic format (CD or USB format) are to be submitted. The following information should be clear1y marked on the face of the envelope or container in which the proposal is submitted: solicitation number, solicitation title, Proposer name and Proposer return address. Proposals received electronically, either through email or facsimile, are not acceptable and will be rejected. 2. LA TE BIDS. Bid Proposals are to be received on or before the due date established herein for the receipt of Bids. Any Bid received after the deadline established for receipt of proposals will be considered late and not be accepted or will be returned to Proposer unopened. The City does not accept responsibility for any delays, natural or otherwise. 3. PROPOSAL FORMAT. In order to maintain comparability, facilitate the review process and assist the Evaluation Committee in review of proposals, it is strongly recommended that proposals be organized and tabbed in accordance with the sections and manner specified below. Hard copy submittal should be tabbed as enumerated below and contain a table of contents with page references . Electronic copies should also be tabbed and contain a table of contents with page references. Proposals that do not include the required information will be deemed non-responsive and will not be considered. PHASE I RESPONSE FORMAT TAB 1 Cover Letter & Minimum Qualifications Re uirements 1.1 Cover Letter and Table of Contents. The cover letter must indicate Prime Proposer and Prime Proposer Primary Contact for the purposes of this solicitation. 1.2 Response Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix A fully completed and executed. 1.3 Minimum Qualifications Requirements. Submit verifiable information documenting compliance with the minimum qualifications requirements established in Appendix C, Minimum Requirements and Specifications, as required herein. 1.3.1 Request for Qualification Similar Experience. For each project that complies with the minimum requirements on Appendix C, Section C1, submit project name, total contract award amount, completion date, scope of work, ro·ect contact information hone and email ; and Prime Pro oser's role in ro 'ect. TAB2 ectTeam Prime Proposer shall submit a design-build team organizational structure that has a sufficient number of professionals and other personnel to perform the work, including : 1. Organizational Chart. An organizational chart depicting the structure and lines of authority and communication. A narrative that describes the intended structure regarding project management, accountability and compliance with the terms of the RFP . 2. Key Personnel. Identify all key personnel, including the Project Manager. who will be assigned to the Project and their intended functions and responsibilities. Also indicate the percentage of time commitment of each key person on this Project. 3. Resumes. Resumes of the team's key personnel who will be assigned to the Project that demonstrate their experience and qualifications , education and performance record . The Prime Proposer shall include the above: listed information for the following proposed project team members. 4. Evidence of Prior Working Experience. Submit evidence that the proposed team has successfully collaborated on prior projects. For each project, submit project name, brief description of project, date of completion, owner's representative, and owner's representative contact information . RFP 20 l 8-021 -KB 13 MIAMI BEACH 5. Other. Provide any other information the Proposer believes will help the City understand and evaluate the team's capabilit ies . TA83 Qualifications of Firm. Describe experience and qualifications of the Prime Respondent in prov iding the services detailed herein . 1. Company Information: Provide background information, including company history, years in business, number of employees, and any other information communicating capabilities and experience . 2. Company's List of Similar Experience and Qualifications: Provide a list of the company 's experience and qualifications with the services detailed herein. Provide a table that inc ludes the following information : agency name, project name , type of project (right-of-way, design/build, etc.), percentage completed, anticipated completion date, and firm 's role (i.e. design/build , lead designer, lead constructor). 3. Relevant Experience: Summarize (3) of the company's most similar projects of Florida Mixed-Finance projects similar in size and Scope . Similar in size and Scope shall be interpreted to mean rehabilitation/development of a vacant multi-family residential Property with at least 55,000 square feet includ ing design, construction, financing, operation and management. Proposers shall provide documentary corroboration in Adobe PDF format of this experience including, but not limited to : a. Complete project description; b. Approved permit set of drawings for building construction ; c. Final construction permit approvals; d. Notice to proceed and completion dates ; e. Certificate of Completion; f. Final budget; and g. Any other documentation that demonstrates similar experience and qµalifications. h. Reference contact information (including name, address, telephone number and e-mail address). 3.1 Historical Renovation Experience: Prime Proposer must demonstrate experience with renovation or rehabilitation of at least one (1) historically-designated residential project. Proposer must submit: 3.2 New Construction Design and Compatibility Experience : The proposer shall demonstrate experience in the area of forward thinking, context sensitive architectural design. Specifically , examples of previously des igned and built projects shall be provided substantiating how such new construction and additions successfully integrate with existing, historic buildings. Additionally, the Proposer sha ll demonstrate the ability to design new buildings that are resi lient, sustainable and utilize a design language of its time, which is compatible with the existing structures. 4. Insurance: Provide a letter from Proposer's insurer on the ins urer company letterhead that the insurer can prov ide levels of coverage to the Proposer as ind icated in Append ix E -Insurance Requirements . RFP 2618-021 -KB 14 MIAMI BEACH TAB4 Qualifications of Firm. Describe experience and qualifications in providing in providing the services detailed herein. 1. Company Information: Provide background information, including company history, years in business, number of employees, and any other information communicating capabilities and experience. 2. Company's List of Similar Experience and Qualifications: Provide a list of the company's experience in providing the services detailed herein. Provide a table to include the following information: agency name, project name, type of project, percentage completed, anticipated completion date, your firm's role (i.e. lead designer}. 3. Relevant Experience: Summarize (3) of the company's most similar design projects of comparable size and scope where similar services to those described in this RFP have been provided. For each project include: a. Project name and location b. Project description c. Date of project completion d. Awarded contract amount for the des ign portion . e. List of permits applied for and obtained. f. The names of the key project engineers, highlighting any individuals who will also work on th is project g. Reference contact information (including address, telephone number and e-mail address). 3.1 Historical Renovation Experience: Demonstrate experience with renovation or rehabilitation of at least one (1) historically-designated residential project. Proposer must submit: 3.2 New Construction Design and Compatibility Experience: Demonstrate experience in the area of forward thinking, context sensitive architectural design. Specifically, examples of previously designed and bu ilt projects shall be provided substantiating how such new construction and additions successfully integrate with existing, historic buildings. Additionally, the proposer shall demonstrate the ability to design new buildings that are resi lient, sustainable and utilize a design language of its time, which is compatible with the existing structures . ~ Financial Strength and Capacity RFP 261 8:021 -KB 15 MIAMI BEACH A. Prime Proposers must demonstrate the financia l capacity to fully finance the Project envisioned for the Project site: TAB6 1) Proposers shall provide their most recent certified and Audited Financial Statements as of a date not earlier than the end of the Proposer's preceding official tax accounting period andlor fiscal year, together with a statement in writing, signed by a duly authorized representative , stating that the Proposer's present financial condition is materially the same as that shown on the balance sheet and income statement submitted, or with an explanation for any material change in the financial condit ion. Proposa ls that do not include Audited Financial Statements will be deemed non -responsive. 2) Proposer must have a minimum equ ity of at least 30% of the design and construction costs . 3) Proposer must demonstrate a minimum bonding capacity equal to the proposed Project budget as demonstrated by a letter presented in the letterhead of the Surety Company that will bond the Project. 4) Proposers shall describe any examples of innovative financing arrangements which increased the number of Affordable Workforce Housing units in a rental development project. 5) Proposers shall discuss how they intend to finance the Project and what resources they intend to utilize . Proposers shall provide a budget to support their conceptual design . If applicable, Letters of Intent from prospective lenders or equity partners shall be submitted with the Proposal. Additiona ll y, Proposers shall provide rates for the team members associated with completion of the conceptual design. 6) Provide proof of experience with Affordable Workforce Housing financing . Proposa ls without such proof shall be deemed non-responsive. Fonns Prov ide Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix A fully completed and executed. The Certification, Questionnaire & Requirements Affidavit (Appendix A) must be signed by the Prime Proposer. Note: After proposal submittal, the City reserves the right to require additional information from Proposers (or Propose r team members or sub-consultants) to determine: qualifications (including, but not limited to , litigation history, regulatory action, or add itional references); and financial capability (including , but not limited to, annual reviewed/audited financial statements with the aud itors notes for each of the ir last two complete fisca l years). RFP 2618:021 -kB 16 MIAMI BEACH PHASE II RESPONSE FORMAT CTECHNICAL PROPOSAL) In order to maintain comparability, facilitate the review process, and assist the Evaluation Committee in review of responses, it is recommended that responses be organized and tabbed in accordance with the sections and manner specified below. One original Proposal (preferably in 3-ring binder) must be submitted in an opaque , sealed envelope or container on or before the due date established for the receipt of proposals . Additionally, ten (10) bound copies and one (1) electronic format (CD or USB format) are to be submitted. Hard copy submittals should be bound and tabbed as enumerated below and contain a table of contents with page references. Electronic copies should also be tabbed and contain a table of contents with page references. Proposers should prepare narratives, specification etc. on 8.5 x 11 paper. All Plans shall be provided bound flat not in a 3-ring binder with 11"x17" paper containing a title block, drawing titles, dated and numbered . Please feel free to include other materials, such as covers, appendices, brochures, etc . at your discretion. Due Diligence and Site Inspections: It is the responsibility of each Proposer, before submitting the Phase II proposal, to: • Visit the site or structure to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work; • Take into account federal, state and local (City and Miami-Dade County) laws, regulat ions, permits, and ordinances that may affect costs, progress, performance, furnishing of the Work, or award ; • Study and carefully correlate Propose~s observations with the RFP. The submission of a proposal shall constitute an incontrovertible representation by proposer that proposer has complied with the above requirements and understands all terms and conditions for performance and furnishing of the Work. The City reserves the right to require additional information to determine financial capability. Proposer shall have ten (10) calendar days respond to such a request. TAB 1 ect Technical Pro osal The Technica l Proposal shall document team's understanding of the project, major design elements, materials and methods . The Technical Proposal shall be developed using narratives, tables, charts, plots, drawings and conceptual sketches as appropriate. TAB2 Subcontractor Ex erience & Qualifications Qualifications of Key Subcontractors. For each key construction subcontractor (whose value of work exceeds $500,000) describe experience and qualifications as detailed below. 1. Company Information: Provide background information, including company history, years in business, number of employees , and any other information communicating capabilities and experience. 2. Company's List of Similar Experience and Qualifications: Provide a list of the company 's experience and qualifications with the Services detailed herein. Provide a table that includes the following information: agency name, project name, type of project right-of-way, design/build, etc. and work assigned. 3. Relevant Experience: Summarize)(3) of the company's most similar projects of comparable size and scope where similar construction services have been provided. Please be specific of the actual work provided by this firm that relates to this project. For each project include: a. Project name and location b. Project description c. Date of project completion d. Amount of contract amount for the portion of the work provided by this firm. e. Reference contact information RFP 2618:021 -KB 17 MIAMI BEACH TAB3 Approach & Methodology Plan 1. Describe Proposer's Project plan and procedures, methodology and recommended solutions in performing the services described in the Scope of Services. The Proposer shall describe its approach to Project organization, development and management, including the responsibilities of Proposer's management and staff personnel that will perform work in this Project. Proposed schematic site plans and renderings shall be provided. Plans should denote features of the development and quality of the features. 1. A. Proposers shall provide a detailed narrative outlining their approach with graphic representations of the conceptual plan that includes at a minimum: a schematic site plan. renderings and vision for the development of the Property. The narrative shall include the number of units. unit bedroom mix, unit sizes. and construction and finish materials to be used. The narrative shall explain: how the number of units included with the proposal makes the best use of the available land; optimizes its use to allow for a unit mix that provides an optimum number of Affordable units; how the residential nature of the surrounding commun ity is maintained in the new development; what kinds of strategies are being explored to enhance the aesthetic, physical, social and economic vitality of the community; and any other information that may be necessary for review . B. Provide a .Project schedule identifying specific key tasks and duration to successfully complete the Project. Responses should demonstrate an ability to complete the development or the plan for development on the earliest possible, realistic schedule. C. Proposers shall discuss how they can ensure compliance with ADA/Accessibility requirements and demonstrate examples/experience in this area. D. Proposers shall provide a copy of their quality control procedures for previous projects and identify what qua lity control mechanisms shall be implemented for each Phase of the Project. E. Proposers shall discuss their methodology to obtain building perm its, and regulatory approvals including those from United States Postal Service (USPS), City of Miami Beach Departments, and non-governmental entities such as Florida Power and Light (FPL) and how they intend to manage and maintain the approval process . Also include in this discussion the procedures for required drawing changes . F. Proposers shall identify how they can ensure compliance with all Federal. State, and Local licensing and certification requirements. G. Provide a Project schedule identifying specific key tasks and duration and indicate timing for start-up of operation . H. Proposer shall discuss the implementation of safety and security service measures . I. The selected Proposer shall demonstrate compliance with energy efficiency and LEED standards . TAB4 City Participation in Financial Proceeds Describe proposed participation by the City in any revenue and income streams, including but not limited to: A. Ground lease payments, indicating amounts and when these payments will be made . B. Share of net revenues/net cash flow. C. Other participation as may be proposed by the Developer. other related costs shall be borne b Develo er. RF P 2618:021 -KB 18 MIAMI BEACH TABS Project Schedule The Proposer shall submit a Preliminary CPM Project Schedule covering the period from Notice To Proceed (NTP) to Final Completion with the submittal which will be the initial Project Baseline Schedule. The Preliminary Project Schedule shall include all major design, permitting, procurement and construction, testing and commissioning activities and meet the stated Contract Dates and any other suggested major milestones. Activities shall indicate their associated phasing and dependence with other activities, and highlight the main, coordination efforts and issues requiring the City's involvement and necessary reviews. At a minimum, the Preliminary Project Schedule must address the following milestones and activities: • Design Schedule & Submittals • Design Phase Reviews by the City -Assume 6 weeks • Community Involvement • Permitting • Utility Coordination/Relocation • Start and completion of Construction, Testing and Commissioning • Substantial Completion and Final Completion Dates for all Work. TAB6 Phase II Addendum Acknowledgement After issuance of Phase II of the solicitation, the City may release additional addenda to the solicitation which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase .com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section cert ifies that the Proposer has received all addendum released by the City pursuant to Phase II of th is solicitation . Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. TAB7 Proposed Revenue (MUST BE SUBMITTED IN A SEALED ENVELOPE) Submit a proposal for proposed revenue to the City of Miami Beach . Revenue proposal shall be submitted in a sealed envelope included with the original proposal only. Copies of Proposal , as well as electronic versions, shall omit the revenue proposal. ) Balance of Page Intentionally LeN Blank RF P 2618:0 2 l -KB 19 MIAMI BEACH SECTION 0400 PROPOSAL EVALUATION The Evaluation Process will be conducted in two phases. PHASE I EVALUATION PROCESS 1. Two Step Evaluation. The evaluation of responsive proposals in Phase 1 will proceed in a two-step process. The first step {Step 1) will consist of the qualitative criteria listed below to be considered by the Evaluation Committee. The second step {Step 2) will consist of quantitative criteria established below to be added to the first step scores by the Procurement Department. The City reserves the right to engage the advice of its consultant, technical requirements or other technical experts in assisting the Evaluation Committee in the review of proposals received. 2. Phase I/ Step 1 Evaluation (100 Points). An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Proposal in accordance with the requirements set forth in the solicitation. If further information is desired, Proposers may be requested to make additional written submissions of a clarifying nature or oral presentations to the Evaluation Committee. The evaluation of proposals will proceed in a two-step process as noted below. It is important to note that the Evaluation Committee will score the qualitative portions of the proposals only. In doing so, the Evaluation Committee may: • review and score all proposals received, with or without conducting interview sessions; or • review all proposals received and short-list one or more Proposers to be further considered during subsequent interview session(s) (using the same criteria). Proposers will be evaluated on the following criteria (100 maximum possible points): • Project Team • Design/Build Firm Experience & Qualifications • Lead Designer Experience & Qualifications • Financial Strength and Capacity 40 Points 20 Points 20 Points 20 Points 3. Phase I I Step 2 Evaluation (10 Points). Following the results of Step 1 Evaluation Qualitative criteria, the proposers may receive additional points to be added by the Procurement Department to those points earned in Step 1, as follows. • Veterans and State-Certified Service-Disabled Veteran Business Enterprise (5 points) • Prime Proposer Volume of Work (0-5 Points). Points awarded to the proposer for volume of work awarded by the City in the last three (3) years in accordance with the following table: Less than $250,000 5 $250,000.01 -$2,000,000 3 Greater than $2,000,000 0 RFP 2018-021-KB 20 MIAMI BEACH 4. Determination of Phase I Ranking. Phase 1/Step 1 scores (by the Evaluation Committee) and Phase 1/Step 2 scores (by the Procurement Department) will be converted to rankings in accordance with the following example: Proposer Proposer Proposer A B c I Step 1 I Points 82 76 80 Step 2 Points 10 7 5 Committee Total 92 84 85 Member 1 Rank 1 3 2 Step 1 Points 90 85 72 Step2 Points 10 7 5 Committee Total 100 92 79 Member2 Rank 1 2 3 Step 1 Points 80 74 66 I i Step2 II Points 10 7 5 Committee Total 90 81 72 Member2 Rank 1 2 3 Low Aggregate Score 3 7 8 Phase I Ranking 1 2 3 If fewer than three responsive proposals are received by the City or if all responsive proposals received are determined by City Manager to be qualified for Phase 11, Phase II may proceed without interruption or additional approvals following Phase I. Otherwise, the City Manager may submit a recommendation to the City Commission to short -list one or more proposers at the conclusion of the Phase I evaluation. Following City Commission approval of the City Manager's recommendation pursuant to Phase I of the RFP, the short-listed proposers will be allotted approximately 45 days to prepare a detailed technica l proposal for the Project. The short-listed proposers will also be provided, via addendum, with the formal technical requirements and the Agreement. Following Phase I short-listing and prior to receipt of proposals pursuant to Phase II, the City may issue further information and clarifications via Addenda to the short-listed proposers, including (but not limited to) any amendments to the technical requirements, revenue proposal form, form of contract, and other informational items or requirements necessary for the short-listed proposers to submit its Phase II proposals . Additionally, the City will conduct a pre-submittal conference with short-listed proposer to facilitate project understanding and consider any project specific questions from the short-listed proposers. Phase II proposals will be evaluated in accordance with the criteria established in Section 0400 for Phase II Evaluation. RFP 2618-02 1-KB 21 MIAMI BEACH PHASE II EVALUATION PROCESS The Phase II evaluation process shall be completed by a Technical Review Committee, appointed by the City Manager, who may be different than the Evaluation Committee, who shall meet to evaluate each short-listed response and technical package in accordance with the criteria established below. In doing so, the Evaluation Committee will: a. Interview short-listed proposers, if deemed necessary. b. Receive input from a Technical Review by City Staff, the technica l requirements Professional, and other City advisors c. Score proposers utilizing the Evaluation Criteria 1. Phase II / Step 1 Evaluation (50 Points). An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Proposal in accordance with the requirements set forth in the solicitation. If further information is desired, Proposers may be requested to make additional written submissions of a darifying nature or oral presentations to the Evaluation Committee . The evaluation of proposals will proceed in a two-step process as noted below. It is important to note that the Evaluation Committee will score the qualitative portions of the proposals only. In doing so, the Evaluation Committee may: Proposers will be evaluated on the following criteria (50 maximum possible points): • Technical Proposals • Subcontractor Experience & Qualifications • Approach & Methodology Plan • Project Schedule 40 Points 10 Points 20 Points 20 Points 2. Phase II/ Step 2 Evaluation (10 Points). Following the results of Step 1 Evaluation Qualitative criteria, the proposers may receive additional points to be added by the Procurement Department to those points earned in Step 1, as follows. • Revenue Proposal • • Sealed Cost Proposals will be reviewed for responsiveness and point allocation as noted below. Actual points for revenue proposals will be applied to the evaluation of Technical Proposals by the Evaluation Committee. Each proposed revenue shall be scored as follows: Sample Objective Formula for Cost Example Maximum Formula for Calculating Points Vendor Revenue Allowable Points (revenue proposal being evaluated X maximum Total Points Proposal (Points noted are for illustrative allowable points= awarded points) Awarded purposes only. Actual points Round to are noted above.) Vendor A $100.00 20 $100 I $100 X 20 = 20 20 Vendor B $150.00 20 $100 I $150X20=13 13 Vendor C $200.00 20 $100 I $200X20=10 10 RFP 2618:021 -KB 22 MIAMI BEACH 3. Determination of Phase II Ranking. Phase 1/Step 1 scores (by the Evaluation Committee) and Phase 1/Step 2 scores (by the Procurement Department) will be converted to rankings in accordance with the following example: Propose r Proposer Proposer A B c Step 1 Points 82 76 80 Step2 Po ints 10 7 5 Committee Total 92 84 85 Member 1 Rank 1 3 2 Step 1 Po ints 90 85 72 Step 2 Points 10 7 5 Committee Total 100 92 79 Member2 Rank 1 2 3 Step 1 Points 80 74 66 Step2 Points 10 7 5 Committee Total 90 81 72 Member2 Rank 1 2 3 Low Aggregate Score 3 7 8 Phase I Ranking 1 2 3 Final Ranking is presented to the City Manager for further due diligence and recommendation to the City Commission . Final Ranking does not constitute an award recommendation until such time as the City Manager has made his recommendation to the City Commission, which may be different than final ranking results. Remainder of Page Intentionally Left Blank RFP 2618-02 1-KB 2 3 MIAM BEACH SECTION 0500 CITY OF MIAMI BEACH LICENSES, PERMITS AND FEES Each license, permit or fee a Contractor will have to pay the City before or during construction or the percentage method or unit method of all licenses, permits and fees REQUIRED BY THE CITY AND PAY ABLE TO THE CITY by virtue of this construction as part of the Contract is as follows : The City of Miami Beach will require occupational licenses for Contractors as well as sub-contractors. Licenses, permits and fees which may be required by Miami-Dade County, the State of Florida, or other governmental entities are not included in the above list, but are listed as attached (next page) and included as an allowance in the proposal. 1. Occupational licenses from City of Miami Beach firms will be required to be submitted within fifteen (15) days of notification of intent to award. 2. Occupational licenses will be required pursuant to Chapter 205.065 Florida Statutes . NOTE: PLEASE PROVIDE COPIES OF ALL YOUR LICENSES AND CORPORATE CERTIFICATES WITH YOUR PROPOSAL RESPONSE. a) If the Contractor is a State of Florida Certified Contractor the following will be required: 1) Copy of State Contractors Certification 2) Place of Business Occupational License 3) Liability and Property Damage Insurance Certificate made to City of Miami Beach 4) Workers compensation or the exemption b) If a Miami Dade County Licensed Contractor: 1) Miami Dade Certificate of Competency in the Discipline Licensed 2) Municipal Contractors Occupational License 3) Liability and Property damage Insurance Certificate made to City of Miami Beach 4) Workers Compensation or exemption PERMITS I. MIAMI-DADE COUNTY DEPARTMENT OF REGULATORY AND ECONOMIC RESOURCES (RER) (fonnerly DERM). • Class II Permit for Construction of Drainage System with Outfall. • Class IV Dewatering Permit • File Notice of commencement with SFWMD and MD RER II. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) • Notice of Intent to Use Generic Permit for Storm Water Discharge from Large and Small Construction Activities • National Pollutant Discharge Elimination System (NPDES) perm it Ill. CITY OF MIAMI BEACH PUBLIC WORKS DEPARTMENT • ROW Permit -Fee to be waived. • Notice of Commencement Permit IV. SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD) Environmental Resource Pennit (ERP) NOTE: THE PROPOSER SHALL OBTAIN AND PAY FOR ALL PERMITS REQUIRED FOR EXECUTION OF THE WORK; PROVIDED HOWEVER, THAT THE CITY WILL WAIVE PUBLIC WORKS DEPARTMENT RIGHT-OF-WAY PERMIT FEES . RFP 2618:02 1-k§ 24 APPENDIX A MIAMI c Proposal Certification, Questionnaire & Requirements Affidavit RFP NO. 2018-021-KB BARCLAY PLAZA APARTMENTS LEASE RFP 26 i s-02 1-KB PROCUREMENT DEPARTMENT 1755 Meridian Avenue , 3rd Floor Miami Beach, Florida 33139 25 Solicitation No : Solicitation Titte : 2018-021-KB Barcia Plaza A artments Lease Procurement Contact: Tel: Kris Sada 305-673-7 490 miam ibeachfl . ov PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness , responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. Genera l Proposer Information. FIRM NAME : No of Years in Business : / No of Years in Business Locally: OTHER NAME(S) PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS : FIRM PRIMARY ADDRESS (HEADQUARTERS ): CITY : STATE:· I ZIPCODE : TELEPHONE NO .: TOLL FREE NO .: FAX NO .: FIRM LOCAL ADDRESS : CITY: STATE : I ZIPCODE : PRIMARY ACCOUNT REPRESENTAT IVE FOR THIS ENGAGEMENT : ACCOUNT REP TELEPHONE NO .: ACCOUNT REP TOLL FREE NO .: ACCOUNT REP EMAIL : . FEDERAL TAX IDENTIFICATION NO .: .. The City reserves the nght to seek additional 1nformat1on from Proposer or other source(s), including but not hm1ted to : any firm or principal information , applicable licensure , resumes of relevant individuals , cl ient information , financial information , or any information the City deems necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements . RFP 2618:021 -KB 26 1. Veteran Owned Businessj Is Proloser claiming a veteran owned bus iness status? YES CJ NO SUBMITIAL REQUIREMENT: Proposers daim ing veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government, as required pursuant to ordinance 2011-37 48. 2. Conflict Of Interest. All Proposers must disdose, in their Proposal, the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miam i Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or ind irectly, an interest of te n (10%) percent or more in the Proposer entity or any of its affiliates. SUBMITIAL REQUIREMENT: Proposers must disclose the name(s) of any officer, director, agent, or immediate family member (spouse , parent, sibling , and child) who is also an employee of the City of Miami Beach . Proposers must also disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates 3. References & Past Performance. Proposer shall submit at least three (3) references for whom the Proposer has comp leted work similar in size and nature as the work referenced in solicitation. SUBMITIAL REQUIREMENT: For each reference submitted, the following information is required : 1) Firm Name, 2) Contact Individual Name & Title, 3) Address, 4) Telephone , 5) Contact's Emai l and 6) Narrative on Scope of Services Provided. 4. Suspension, Debarment or Contract Cancellation. Has Proposer eve r been debarred , suspended or other legal violation, or had a contract cancelled due tol non-pytormance by jny pure sector agency? YES NO SUBMITI AL REQUIREMENT: If answer to above is "YES ," Proposer shall submit a statement detailing the reasons that led to action(s). 5. Vendor Campaign Contributions. Proposers are expected to be or become familiar with , the City 's Campaign Finance Reform laws , as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicabie provisions of the City's Campaign Finance Reform laws are complied with , and shall be subject to any and all sanctions , as prescribed therein, including disqualification of their Proposals, in the event of such non-compliance. SUBMITIAL REQUIREMENT: Submit the names of all individuals or entities (induding your sub-consultants) with a controlling financial interest as defined in solicitation. For each individual or entity with a controlling fina ncial interest indicate whether or not each individual or entity has contributed to the campaign etther directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. 6. Code of Business Ethics. Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code ") and submit that Code to the Department of Procurement Management with its proposal/response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regu lations including , among others, the conflict of interest, lobbying and ethics provision of the City of Miam i Beach and Miami Dade County. SUBMITIAL REQUIREMENT: Proposer shall submit firm 's Code of Business Ethics. In lieu of submitting Code of Business Ethics, Proposer may subm it a statement indicating that it will adopt, as required in the ordinance, the City of Miami Beach Code of Ethics, available at www .miamibeachfl .gov/procurement/scroll .aspx?id =79113 7. Living Wage. Pursuant to Section 2-408 of the Miami Beach City Code, as same may be amended from time to time , Proposers shall be required to pay all employees who provide services pursuant to this Agreement, the hourly living wage rates listed below: • Commencing with City fiscal yea r 201 2-13 (October 1, 20 12), th e hourly living rate will be $1 1.28/hr. with health benefits, and $12.92/hr. without benefits. The living wage rate and health care benefits rate may, by Resolution of the City Commission be indexed annually for inflation using the Consumer Price Index for all Urban Consumers (CPl -U) Miami/Ft. Lauderdale, issued by the U.S. Depa rtm ent of Labor's Bureau of Labor Statistics. Notwithstanding the preceding , no annual index shall exceed three percent (3 %). The City may also, by RFP 2618:02 1-KB 27 resolution , elect not to index the living wage rate in any particular year, if it determines it would not be fiscally sound to imp lement same (in a particular year). Proposers' failure to comply with this provision shall be deemed a material breach under this proposal , under which the City may, at its sole option, immediately deem said Proposer as non-responsive, and may further subject Proposer to additional penalties and fines , as provided in the City's Living Wage Ordinance, as amended. Further information on the Living Wage requirement is available at www .miamibeachfl.gov/procurement/scroll.aspx?id=79113 SUBMITTAL REQUIREMENT: No additional submittal is required . By virtue of executing this affidavit document, Proposer agrees to the living wage requirement. 8. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited contracts valued at over $100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks , the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive proposals, to provide "Equal Benefits" to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach. Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? CJ YES CJ NO B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners* or to domestic partners of employees? CJ YES CJ NO C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified . Note : some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance . BENEFIT Firm Provides for Firm Provides for Firm does not Employees with Employees with Provide Benefit Soouses Domestic Partners Health Sick Leave Family Medical Leave Bereavement Leave If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance . To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal .Benefits requirement is available at www.miamibeachfl.gov /procurement/scroll .aspx?id=79113 9. Public Entity Crimes. Section 287 .133(2)(a), Florida Statutes , as currently enacted or as amended from time to time, states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal, proposal , or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided ins. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees with the requirements of Section 287 .133, Florida Statutes, and certifies it has not been placed on convicted vendor list. 10. Non-Discrimination. Pursuant to City Ordinance No.2016-3990, the City shall not enter into a contract with a business unless the RFP 2618:021 -ks 28 bus iness represents that it does not and will not engage in a boycott as defi ned in Se ction 2-37 5(a) of the City Code , including the blacklisting , divesting from , or otherwise refusing to deal with a person or entity when such action is based on race , color , national origin , relig ion , sex , intersexuality, gender identity, sexual orientation , marital or famil ial status. age or disability . . SUBMITTAL REQUIREMENT: No additional submittal is required . By virtue of executing this affi davit document. Proposer agrees it is and shall rema in in full compliance with Section 2-375 of the City of Miami Beach City Code . 11 . Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi. Pursuant to Resolution 2016-29375 , the City of Miami Beach , Florida , prohibits officia l City travel to the states of North Carol ina and Mississippi, as well as the purchase of goods or services sourced in North Carolina and Mississipp i. Proposer shall agree that no travel shall occur on behalf of the City to North Carolina or Mississippi , nor shall any product or serv ices it provides to the City be sourced from these states . SUBMITTAL REQUIREMENT: No add itional subm ittal is required. By virtue of executing th is affidavit document , Proposer agrees it is and shall remain in full compliance with Resolution 2016-29375 . 12 . Fair Chance Requirement. Pursuant to Section 2-376 of the City Code , the City shall not enter into any contract resulting from a competitive solicitation , unless the proposer . certifies in writing that the business has adopted and employs written policies , practices , and standards that are consistent with the City's Fa ir Chance Ordinance , set forth in Artide V of Chapter 62 of the City Code ("Fa ir Chance Ordinance "), and which, among other things, (i) prohibits City contractors , as an employer, from inquiring about an applicant's criminal history until the applicant is given a conditional offer of employment; (ii) prohibits advertising of employment positions with a statement that an individual with a criminal record may not apply for the position , and (iii) prohibits placing a statement on an employment application that a person with a criminal record may not apply for the position. SUBMITTAL REQUIREMENT: No additional submittal is required at this time. By virtue of executing this affidavit, Proposer certifies that it has adopted pol icies , practices and standards consistent with the City's Fair Chance Ordinance . Proposer agrees to provide the City with supporting documentation evidencing its compliance upon request. Proposer further agrees that any breach of the representations made herein shall constitute a material breach of contract , and shall entitle the City to the immediate termination for cause of the agreement, in addition to any damages that may be ava ilable at law and in equity . 13 . Acknowledgement of Addendum. After issuance of solicitation , the City may release one or more addendum to the sol icitation which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e-procurement system , PublicPurchase .com . However, Proposers are solely responsible for assur ing they have received any and all addendum issued pursuant to so licitation . This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. Initial to Confirm Initial to Confirm Initial to Confirm Receipt Receipt Receipt Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required , submit under separate cover. 14. Financial Capacity. At the request of the City each proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification • Report (SOR) directly to the Procurement Contact named herein . No proposal will be considered without receipt , by the City , of the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the Proposer. Proposers are responsible for the accuracy of the information contained in its SOR. It is highly recommended that each proposer review the information contained in its SOR for accuracy prior to submittal to the City and as early as possible in the solicitation process . For assistance with any portion of the SOR submittal process, contact Dun & Bradstreet at 800-424-2495. SUBMITTAL REQUIREMENT: The Proposer shall request the SQR report from D&B at: https://supplierportal.dnb.com/webapp/wcs/stores/servlet/Supp lierPortal?storeld=11696 RFP 2618-021 -K B 29 • • • The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach {the "City") for e recipienfs convenience . Any action taken by the City in response to Proposals made pursuant to this solicitation, or in making any award, or in failing or refusing to make any award pursuant to such Proposals, or in cancelling awards , or in withdrawing or cancelling this solicitation, either before or after issuance of an award , shall be without any liability or obligation on the part of the City . In its sole discretion, the City may withdraw the solicitation either before or after receiving proposals, may accept or reject proposals, and may accept proposals which deviate from the solicitation, as it deems appropriate and in its best interest. In its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation. Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers , directors, shareholders, partners and employees. as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete . The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents, or on any permitted communications with City officials , shall be at the recipient 's own risk . Proposers should rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided by the City without any warranty or representation , express or implied, as to its content , its accuracy, or its completeness . No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration, negotiation , or approval. The City shall have no obligation or liability with respect to this solicitation, the selection and the award process, or whether any award will be made . Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Proposals submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal. This solicitation is made subject to correction of errors, omissions, or withdrawal from the market without notice. Information is for guidance only , and does not constitute all or any part of an agreement. The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties , and then only pursuant to the terms of the definitive agreements executed among the parties . Any response to this solicitation may be accepted or rejected by the City for any reason, or for no reason, without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law, and all Proposals and supporting documents shall be subject to disclosure as required by such law . All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes , until the date and time selected for opening the responses . At that time , all documents received by the City shall become public records. Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal , the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposal, and authorizes the release to the City of any and all information sought in such inquiry or investigation . Each Proposer certifies that the information contained in the Proposal is true , accurate and complete , to the best of its knowledge, information , and belief. Notwithstanding the foregoing or anything contained in the solicitation, all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto , or any action or inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as agreed-upon and liquidated damages. The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation , it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida . RF P 26 1 8:021 -K B 30 PROPOSER CERT IFICAT ION I hereby certify that: I, as an authorized agent of the Proposer , am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; proposer agrees to be bound to any and all specifications, terms and cond itions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposa l submitted; Proposer has not divulged, discussed, or compared the proposal with other Proposals and has not colluded with any other proposer or party to any othe r proposal; proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws ; all responses, data and information contained in this proposal, inclusive of the Statement of Qualifications Certification, Questionnaire and R uirements Affidavit are true and accurate. Name of Proposer's Authorized Representative: Title of Proposer 's Authorized Representative : Signature of Proposer's Authorized Representative: Date: State of FLORIDA On this _day of , 20_, personally RFP 2618:021 -K B appeared before me who County of ) stated that (s)he is the ____ _ of , a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. Before me: Notary Public for the State of Florida My Commission Expires: ______ _ 31 APPENDIX B MAMIBEACH "No Bid" Form RFP NO. 2018-021-KB BARCLAY PLAZA APARTMENTS LEASE RFP 2618-021 -K B PROCUREMENT DEPAR TMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 32 Statement of No Bid WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR REASON(S) CHECKED AND/OR INDICATED BELOW: _Workload does not allow us to proposal _Insufficient time to respond _ Specifications unclear or too restrictive _ Unable to meet specifications _Unable to meet service requirements _Unable to meet insurance requirements _Do not offer this product/service _OTHER. (Please specify) We do _ do not_ want to be retained on your mailing list for future proposals of this type product and/or service. Signature: _____________________ _ Title: ----------------------- Legal Company Name: ________________ _ Note: Failure to respond, either by submitting a proposal or this completed form, may result in your company being removed from our vendors list. PLEASE RETURN TO: CITY OF MIAMI BEACH PROCUREMENT DEPT. ATTN: KRISTY BADA STATEMENTS OF QUALIFICATIONS #2018-021-KB 1755 Meridian Avenue, 3r<1 Floor Miami Beach, Florida 33139 RFP 26 l 8:021 -KB 33 APPENDIX C MIAMIBEAC Minimum Requirements . & Specifications RFP NO. 2018-021-KB BARCLAY PLAZA APARTMENTS LEASE RFP 261 8-021 -K B PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 34 C1. Minimum Eligibility Requirements. The Minimum Eligibil ity Requ irements for this solicitation are listed below. Proposer shall submit, with its proposal , the required submittal(s) documenting compliance with each minimum requirement. Proposers that fa il to include the required submittals with its proposal or fail to comply with minimum requirements shall be deemed non-responsive and shall not have its proposal considered. 1. Prime proposer or team member shall have successfu lly completed at least three (3) Mixed- Finance projects similar in size and scope within the last ten (10} years . Similar in size and scope shall be interpreted to mean rehabilitation/development of a vacant multi-family residential property with at least 55,000 square feet which includes design, construction , financing, operation and management. Submittal Requirement: For each project, submit project name, brief description of project, date of completion, owner's representative, and owner's representative contact information. 2. Prime proposer or team member shall demonstrate to have successfully renovated at least one (1) historical building in the last ten (10) years. Submittal Requirement: For each project, submit project name, brief description of project, date of completion, owner's representative, and owner's representative contact information. C2. Statement of Work Required. On May 6, 2015, via Resolution No .2015-29017, the City Commission directed that the Barclay Plaza Apartments be developed as Workforce Housing serving persons employed in the pub lic safety, education and municipal sectors earning between 120% to up to _1 40% of the Area Median Income (AMI). This definition was later amended via Reso lution No.2017-29758 to serve persons earning up to 140% (AMI). On March 1, 2017, the City Commission adopted Resolution No . 2017- 29758 that accepted the recommendations made by the Land Use and Development Committee to incentivize the private development of Workforce Housing. On April 26, 2017, the City Commission adopted Resolution No. 2017-29823 that accepted the recommendations made by the Finance and Citywide Projects Committee for the development of the Ba rclay Plaza Apartments : E. Income limits increased to accommodate households earning up to 140% AMI, and thereby ensure the broadest inclusion of City of Miami Beach municipal workers and educators as possible; F. Two-year employment tenure to be the minimum threshold for eligibility of tenants served by the Project; G. The parking lot and existing pool at the Barclay Plaza Apartments may be considered for inclusion in the development area for the Project to maximize the number of units that can be developed for Workforce Hous ing purposes; and H. The Project's potential inclusion of a commercial component or accessory use, subject to prior review and approval by the City. On July 27, 2017, the City Commission adopted Reso lution No. 2017-29925 that accepted the recommendations of the June 16, 2017 Finance and Cityw ide Projects Committee providing certa in parameters for the Barclay Plaza Apartments development: Projected rents to be established at 30% of the targeted AMI ranges and adjusted for un it size or currently app roximately $1 ,4 91 - $1,740 for a one bedroom unit, and $1 ,917 -$2,237 for a two-bedroom unit, as adjusted for RFP 26 l 8-02 1-KB 35 inflation via the Consumer Price Index, in order to ensure that units remain Affordable for the targeted workforce sectors The City of Miami Beach is seeking proposals for public/private partnerships to design, build, operate, and maintain workforce housing at the current Barclay Plaza Apartments property owned by the City of Miami Beach. Accordingly, the City is seeking development teams with proven experience in the development of similar facilities or Projects, and the financial and professional qualifications to deliver high-quality, economically feasible Project(s). The City is interested in evaluating the financial capacity of each developer in assuming the design-build process of the Barclay Plaza Apartments (Barclay) located at 1940 Park Avenue, Miami Beach, FL 33139 along with a negotiated management agreement (or lease) dedicated to workforce housing, defined housing dedicated to individuals earning up to 140% of the Area Median Income and employed in the public safety, education and municipal sectors. This Request for Proposals (RFP) is issued by the City of Miami Beach, Florida (the "City") as the means for prospective proposers ("Proposers") to submit their qualifications, approach, conceptual design, and financial and other· terms for the City's consideration, with respect to the leasing of the Barclay Plaza Apartments, [0.60] acre City -owned site located at [1940 Park Avenue, Miami Beach, FL 33139] (the Property"), for the development, design, construction, financing, maintenance, and operation of a residential Workforce Housing apartment building serving City of Miami Beach Municipal workers and feeder pattern educators with a minimum of 26 units and related improvements ("Project"). The Project includes the renovation of the existing historical building in accordance with historic preservation requirements. The Project may include the potential development of the existing parking lot on the Property, and commercial accessory uses, in accordance with the City's Land Development Regulations and subject to approval by the applicable regulatory boards and the City Commission. Project proposal applications should take into consideration current market needs and conditions, and utilize the land to leverage other public (County, State or Federal), non-profit and private funds for site development in the best manner possible for the community. Once the Developer is selected, the City intends to negotiate a Development Agreement and Ground Lease ("Lease") with the Developer. See Development and Ground Lease and Scope of Services sections for additional Project information. The resulting development should yield the maximum number of units feasible under current zoning and provide the most efficient use of the Property. 2.1 Property Information: Location: The 3-story Barclay Plaza Apartments is located at 1940 Park Avenue (Aerial Location Map provided as Attachment "A") across the street from the Miami Beach Convention Center currently undergoing a $500 million renovation. (A rendering of the East Fa~de is provided as Attachment "B".) Lot Size: 26,250 Square Feet. Folio Number: 02-3234-016-0110 (Property Appraiser Data provided as Attachment "C") RFP 26 l 8-021 -K B 36 Survey: Provided as Attachment "D". Elevation Certificate : The Property has an estimated elevation of 5.37 NAVD 1988 as stated in the Elevation Certificate provided as Attachment "E". 2.2 Project Minimum Scope: 1. The City shall not provide, nor should Proposers rely on , any public funding or pub lic financing for the Project. 2. The Developer shall be so lely ·respons ible fo r all costs and expenses associated with the development, design , construction, eq ui pping, and installation of all furniture , fixtures , equipment and other improvements relating to the Project, its subsequent operation or use, and all alterations, repairs or replacements thereof. 3. The Developer shall be required to make a repayment to the United States Department of Housing and Urban Development (HUD) in the amount of $485,832.22 for HUD funds previously invested in this property. 4. For the term of the Lease , the Developer must continuously operate the res idential portion of the Project for Workforce Housing purposes, in accordance with , and subject to the parameters and limitations, specified by the City, in the negotiated Lease. 5. The City's interest in the Property and in the Lease awarded pursuant to this RFP , as the same may be modified, amended or renewed, will not at any time be subject or subordinate to (a) any mortgage now or hereafter placed upon Developer's interest in the Lease , or (b) any other liens or encumb rances hereafter affecting Develope r's interest in the Lease. City shall at all times have a first priority right to payment of ren t due to City under the Lease . The Lease shall contain commercially reasonable terms intended to facil itate traditiona l financing. 6. The Developer must accept the Property in its "AS IS" condition, with all faults and patent or latent defects, and with no representation or warranties by the City of any kind whatsoever with respect to the Property or the condition , feasibility , value or financial prospects of the Project or any portion thereof. 7. The rights granted under the Lease shall be non-exclusive and the City reserves the right to grant similar privileges and sim ilar leases to other lessees on other City-owned or leased Property, and to take any and all actions (including the leasing of City Property other than the Property for any lawful purpose) that City is permitted to take under Federal, State, and Local law. 8. Minimum Unit Size and Composition: Developer must provide , at a minimum , in its Development Plan the following number and configuration of units to be rehabilitated/developed as Workforce Housing uni ts : a. Studios-2 b. One-bedroom -16 c. Two-bedroom-6 d. Three-bedroom - 2 Minimum amenity : All un its must have in-unit laundry facilities 9. The project shall be in compl iance with energy effi ciency and Leade rship in Ene rg y and Environmental Desig n (L EED) Gold construction standards . RFP 26 18-02 1-KB 37 2.3 Historical Context: The building is an exceptional example of Art Deco-style architecture constructed in Miam i Beach during the 1930s. Designed by the prominent local arch itectural firm of Kiehne! & Elliott in 1935, the building features symmetrica l facades, a stepped ziggurat parapet wall at roofline, rounded corner balconies with wrought iron balustrades , horizontal stripe, bas relief ornament, flagpole, oolitic limestone frame around entryway on Park Avenue , chevron banding, bas relief ornament and abstract geometric patterned balustrade on ground level. In 1942 , the United States Army Air Forces Technical Training Command took control of the then hote l which was used as housing for soldiers training for World War II . The hotel was returned to its owners on July 27, 1944 . Although the building was originally used as a hotel, it was later util ized as a residential building when acquired by Miami Beach Community Development Corporation in May 2007. The Barclay Plaza Apartments later fell in disrepair and substantial renovat ions were needed . The City acquired the vacant building on January 30, 2015. The building was subject to arson in February , 2015 destro in a portion of its historical lobby. _j 11tura11d u11 iqtuf10t L in t/u. /uart oft MIAMI BEACH RFP 2618-021 -KB I r UH H , llA llWIWCll. 38 2.4 Workforce Housing: 1. On May 6, 2015, via Resolution No.2015-29017, the City Commission directed that the Barclay Plaza Apartments be developed as Workforce Housing serving persons employed in the public safety, education and municipal sectors earning between 120% to up to 140% of the Area Median Income (AMI). This definition was later amended via Resolution No.2017-29758 to serve persons earning up to 140% (AMI). 2. In 2016, the City secured The Concourse Group as its Public-Private Partnership Consultant ("ConsultanF). The Consultant prepared a Neighborhood Analysis of the Barclay Plaza Apartments, provided here as Attachment "F", to give a better understanding of the area, its needs and the Project. In addition, the City is providing additional Tri-County Area data to provide a better understanding of its community. This demographic data is attached as Attachment "G". 3. On March 1, 2017, the City Commission adopted Resolution No. 2017-29758 that accepted the recommendations made by the Land Use and Development Committee to incentivize the private development of Workforce Housing. Some of these recommendations affect the development of the Barclay Plaza Apartments: A. Define Workforce Housing beneficiaries as those households earning up to 140% of Area Median Income (AMI); B. Assess the potential housing demand from the City' s workforce , and ensure that appropriate units are developed; C. Expedited review and permitting for construction and rehabilitation projects providing Workforce Housing; RFP 26 l 8-02 l -KB 39 D. Encourage micro-housing and mixed-tenant projects on a case-by-case basis; E. Utilize City-owned properties to develop Workforce tiousing ( e.g ., Barclay Apartments and Collins Park artist workforce housing projects); F. Establish a long-term deed restriction program to preserve affordability on City- assisted developments; G. Encourage mixed income/mixed use development through positive marketing efforts that accentuate its benefits to the community; H. Research the possibility of short-term tax abatements for eligible new projects; and I. Promote these incentives to developers. 4. On April 26, 2017, the City Commission adopted Resolution No . 2017-29823 that accepted the recommendations made by the Finance and Citywide Projects Committee for the development of the Barclay Plaza Apartments: A. Income limits increased to accommodate households earning up to 140% AMI, and thereby ensure the broadest inclusion of City of Miami Beach municipal workers and educators as possible; B. Two-year employment tenure be the minimum threshold for eligibility of tenants served by the Project; C. The parking lot and existing pool at the Barclay Plaza Apartments may be considered for inclusion in the development area for the Project to maximize the number of units that can be developed for Workforce Housing purposes; and D. The Project's potential inclusion of a commercial component or accessory use , subject to prior review and approval by the City. 5. On July 27, 2017, the City Commission adopted Resolution No. 2017-29925 that accepted the recommendations of the June 16 , 2017 Finance and Citywide Projects Committee providing certain ,parameters for the Barclay Plaza Apartments development: · · A. Projected rents to be established at 30% of the targeted AMI ranges and adjusted for unit size or currently approximately $1,491 -$1,740 for a one bedroom unit, and $1,917 -$2,237 for a two-bedroom unit, as adjusted for inflation via the Consumer Price Index, in order to ensure that un its remain Affordable for the targeted workforce sectors. B. Barclay Plaza Apartments Project is to have the follow ing minimum unit configuration: 1) Studios -2; 2) One-bedroom -16; 3) Two-bedroom -6; and 4) Three-bedroom -2. C. Units are to have minimum amenities such as laundry facilities . D. RFP is to include the survey data so that potential developers can adequately gauge tenants needs with regards to onsite amenities. E. Prospective P3 Partners will need to demonstrate sufficient past experience in develop ing projects of this size and Scope by submitting examples of the ir past development projects including design , construction , financ ing and management experience. Prospective P3 partners must also demonstrate the financ ial capacity to fully finance the project they envision for the Barclay Plaza Apartments site. F. The Project must include the rehabilitation of the existing building to ensure its RFP 26 1 8:021 -k§ 40 historic preservation, and may possibly include the construction of an accessory building (to maximize site development) on the site's existing parking lot (located to the west) should this be part of the Proposer's proposal. G. Proposal evaluation shall use the following factors: 1) The number and configuration of units to be rehabilitated/developed; 2) The amount of rent proposed to be charged (with lower rents being preferred); 3) The type and availability of on-site amenities (with priority to those identified via the employee survey), attached as Attachment "H"; and 4) The amount of revenue being offered to the City for development/management rights. 6. On July 27, 2017, the City Commission passed the first reading of the Ordinance amending the City's Comprehensive Plan to allow increased density on Workforce Housing projects, provided as Attachment "I". 7. On July 27, 2017, the City Commission passed the first reading of the Ordinance amending the SubPart A -General Ordinances reducing the parking requirements and unit size provided as Attachment "J". 2.5 Development and Ground Lease Agreement ("Lease"): Before commencement of any development activities, the selected Developer shall enter into a mutually agreeable Development and Ground Lease ("Lease"), setting forth the terms and conditions for the Mixed-Finance development of the Barclay Plaza Apartments Project. These terms and conditions must adhere to City Ordinance Sec. 1.03. -Powers of City. (b) Disposition of City Property. 4. The sale, exchange, conveyance or lease of ten (10) years or longer of all remaining City-owned property (other than public beach rights-of-way -see (d) herein below, and other than those properties addressed more specifically in this Charter Section 1.03) shall, as provided by Ordinance, require approval by a majority 4/7ths vote of all members of the Planning Board and 6/7ths vote of the City Commission. The sale, exchange, conveyance or lease of ten (10) years or longer of property owned by the Miami Beach Redevelopment Agency (Agency) shall require approval by a majority 4/7ths vote of all members of the Planning Board and 7/8ths vote of the Agency . The Lease will be executed subsequent to the award by the City Commission. The selected Developer shall provide a Development Plan that results in the creation of an Affordable, sustainable, mixed-use (optional) housing development (with all associated infrastructure) within the current market conditions and effectively maximize the use of the available land to allow for a unit mix that provides an optimum number of Affordable Workforce Housing units, while maintaining the residential nature of the surrounding community. The Development Plan for the site may include a commercial component to augment and compliment the housing development. The design and layout of the mixed-use housing and commercial buildings is left to the discretion of the successful Proposer in consultation with City. The objective is to use the land in the most efficient way possible, by maximizing the number of housing rental units and maximizing provision of viable commercial uses to serve the needs of the community. With this Solicitation, the City's goal is to incentivize an Affordable Workforce Housing development. To deter crime, the successful Proposer is to comply with Crime Prevention Through Environmental Design (CPTED) guidelines and best practices. The Barclay Plaza Apartments development should be sensitive to and compatible with the RFP 2618:02 1-KB 4 1 surrounding res idential neighborhood . Amenities for bicyclists should be included. At the conclusion of the pre-development activities, the City shall review and prov ide approval of the final Barclay Plaza Apartments Development Plan , prior to the selected Developer proceeding to the development stage . The City's goal is to have the Barclay Plaza Apartments Project proceed as expeditiously as possible , in order to complete , and have available for occupancy, all housing rental units by 2020. The City will issue an addendum to this RFP with the form of the Lease . The Lease will include the minimum Project requirements and address the following topics/subjects : 1. Term of the Agreement; 2. Lease payments and related terms; 3. Developer's evidence to City of the required private debt and equity financing; 4. Mechanisms for funding Developer's equity and private debt; 5. Developer's design and construction obligations and the schedule for the development of the Project; 6. The outside date by which all conditions for possession of the Property must take place; outside date for Developer's construction loan closing, if applicable; target dates for construction, includ ing outside date for commencement of construction and completion of construction, and opening date for the Project; 7. Covenant to continuously operate the residential portions of the Project in accordance with the City's Workforce Housing requirements; 8. Design development and planning for the Project, including: A. The Developer's responsibility for the planning , design, development and construction of the Project , including the selection, engagement and payment of architects, consultants, contractors, subcontractors and others engaged in connection with plann ing, development and construction of the Project; 8. The City's role, in its proprietary capacity, in reviewing and providing input to the conceptual plans, design development plans , and final plans and specifications relating to the Project. The Lease will require prior City approval of any material change to the City-approved plans, which will not be unreasonably withheld. Notwithstanding the foregoing, the Developer shall be solely responsible for obtaining all required final , non-appealable approvals in accordance with the City's Land Development Regulations; C. Project set-backs and landscape design consistent with the surrounding area; and D. Developer's obligation with regard to construction, operation and maintenance of the Project. 9. Other Terms, including but not limited to the following : A. Limitations on assignment by Develope·r (other than as collateral for private debt financing); B. Representat ions, warranties and covenants; C. Defaults and Remedies ; and D. Insurance Indemnification and release . C3 . Specifications 3.1 Development Parameters: RFP 26 l 8-021 -KB 4 2 1. Tenants: A. The target community for this Project is households employed in the municipal public safety and education sectors earning up to 140% AMI to ensure the broadest inclusion possible; B. Two-year employment tenure should be the threshold for consideration for tenants targeted by this Project; and C. After the lottery waitlist is established by the City, the Developer will be responsible for maintaining the waitlist for tenant elig ibi lity and income certification on an annual basis . 2. Site Development: A. Parking lot and existing pool are ava ilable for development to maximize the number of units that can be developed . B. Commercial component or accessory use on the first floor of the building might be cons idered subject to prior review and approval by the City . C. The Barclay Plaza Apartments are located within the Museum Historic District and, accordingly, the Project is subject to review and approval by the City's Historic Preservation Board . D. If the proposal requires Planning Board approval, the attached Board Application Checklist (Attachment "K") provides the documents needed for an application submittal. Applicants must have a pre-application meeting with staff to determine what, if any, additional documents or information is needed in order to present before the Board . The checklist establishes initial documents needed for submitta l which may be expanded once the pre- application occurs. 3. Permit Process: A. The Miami Beach Building Department will provide expedited review and permitting for construction and rehabilitation projects providing Workforce Housing. 3.2 Services to be Provided by the Selected Developer: 1. Phase I Serv ices -Site Evaluation A. Provide a Site Evaluation that shall: 1) Include the se lected Deve loper's written evaluation of the potential to develop RFP 26 18-02 1-K B 43 the Barclay Plaza Apartments site into a viable, possible mixed-use housing and commercial project (if the commercial component is part of the Proposal) 2) Effectively optimize the use of the available land to allow for the minimum unit mix requested and provides an optimum number of Affordable Workforce Housing units while remaining sensitive to the residential and commercial nature of the surrounding community . B. Provide a Development Plan that shall include: 1) A design and construction plan for Affordable, sustainable, mixed use (optional) housing development with all associated infrastructure with the option to include a commercial component, within the current market conditions. 2) A report describing the design concept, number and types of housing units, infrastructure and development's commercial layout and amenities, the exhibits/information provided in this procurement document, and all applicable codes/regulations having jurisdiction . 3) A financing plan for successful completion of the Project including market analysis supporting the development and financing plan. 4) Color drawings of the entire site Development Master Plan, typical building elevations, typical building sections, and typical building plans. C. The selected Developer shall explore opportunities and implement strategies to enhance the aesthetic, physical, social, and economic viability of the community. D. The selected Developer shall submit the Development Plan to the City for review and approval at the 50% and the 100% completion stages. E. The selected Developer shall participate in the presentation of the Development Plan, if necessary. F. The selected Developer shall provide a schedule for completion of the Project, including the required elements of the Development Plan, construction strategy and an implementation schedule to meet the City's timetable for completion. 2. Phase 2 Services -Permitting and Board Approval of Development Plan by the City RFP 2618-021 -K B 44 A. The selected Developer shall initiate and manage all issues relating to Project approval by all applicable City Departments and Committees as required, including but not limited to : Historic Preservation Board, Land Use & Development Committee, and Sustainability & Resilience Committee, among others. This approval process includes, but is not limited to, schedu ling and participating in all meetings with authorities having jurisdiction , paying all fees, providing all coordination required, and all drawings and documents required for the successful completion of these tasks. B. The selected Developer shall make all requ ired changes to the drawings at no cost to the City. The selected Developer shall not implement any deviation from the approved Development Plan without City approval. 3. Phase 3 Services -Construction Documents. Permitting. and Regulatory Approvals A. Provide infrastructure and building construction documents at 50% and 100% completion for City rev iew and approval. B. Incorporate into the site layout, building design and construction materials and techniques standards which enhance the security, sustainability, affordability, aesthetics, and maintenance of the completed improvements. The development shall also be bicycle-friendly. c. Provide all drawings and documentation to obtain all permit approvals required for the successful completion of the Project from all authorities having jurisdiction . o. Undertake all geotechnical testing , as needed. E. Pay all fees ; provide all documents; and coordination required in obtaining utility services for the building including electricity , cable, telephone and sanitation. 4. Phase 4 Services -Construction and Completion of Scope of Services A. The Developer shall comply with Section 31-40 of the City Code with respect to local workforce participation in the construction of the Project. The Developer further agrees to support and encourage the application of responsible wages and City of Miami Beach and Miami-Dade County workforce hiring with respect to the operation and management of the Project; B. Commence construction in accordance with the approved Development Plan upon receipt of the Notice to Proceed ; C. Obtain final inspection approvals from authorities having jurisdiction; and D. Complete all punch-list items and acqu ire City acceptance of co mpleted work. 5. Phase 5 Services -Project Operation and Ma intenance RFP 26 18:02 1-KB 45 A. Work with City to undertake all marketing and leasing efforts; and B. Provide or obtain Property management services for the land lease period, to include maintenance and security functions . C. Proposer, or its designee, shall verify income eligibility criteria for all tenants from City-established waitlist and obtain City approval, prior to executing a lease agreement. D. Proposer, or its designee, must submit the rent rolls with the name of the tenants; qualified employer; employment tenure; household size; and the eligibility income under which the household qualified as stated in the following brackets: 1) 80% to 100% AMI; 2) 100% to 120% AMI; and 3) 120% to 140% AMI. City has the right to monitor and revise the files on an annual basis to confirm eligibility. E. The Property must be maintained in a decent, safe and sanitary condition for the term of the lease as verified by annual inspections and the Business Tax Receipt (BTR). F. The Management Company must comply with all applicable rules and regulations and solve in a prompt and reasonable manner all maintenance issues as presented by the tenants. 6. Services applicable to all Phases of work to be provided A. Obtain City approval prior to implementing any deviation from the approved Development Plan. B. Work with City and its consultant to implement a financing plan, including detailed development and operating budgets. C. Provide monthly reports to the City on the progress of the Scope of Services and development efforts including work-completed associated costs, schedule and budgetary requirements. D. Secure additional financing, as needed, to ensure overall Project completion. E. Be responsible for the design, construction and quality control of the development. F. Assurance of Completion RF P 2618:021 -KB 46 1) Pursuant to s. 255.05 of the Florida Statutes , the successful Proposer and all of the Proposer's subcontractors sha ll furn ish an assurance of completion prior to the execution of any contract under this Solicitation. The Proposer shall require each of its subcontractors to ensure that such assurances covers both the Proposer and the City. This assurance will be a performance and payment bond in a pena l sum of 100 percent of the contract price; or , as may be required or permitted by State law. 2) Failure by the successful Proposer and its subcontractors to obtain the required assurance of completion with in the time specified , or within such extended period as the City may grant based upon reasons determined adequate by the City , shall render the Proposer ineligible for award. The City may then either award the contract to the next lowest responsible bidder or solicit new bids. The City may retain the ineligible Proposer's bid guarantee. 7. Onsite Pro ject Amenities: Points will be awarded for each of the ons ite amenities listed o On-site security o Gym/ exercise room o Storage facilities o Pool o Community recreation room Bonus points will be awarded to proposers who propose all of the onsite amenities listed. Remainder of Page Intentionally Left Blank RFP 26 l 8-02 1-K B 47 APPENDIX D MIAMI BEACH Revenue Proposal Form (SAMPLE ONLY) Actual Revenue Proposal Form shall be provided to short-listed firms at the conclusion of Phase I Evaluation. RFP NO. 2018-021-KB BARCLAY PLAZA APARTMENTS LEASE RF P 26 i 8-021 -KB ' PROCUREMENT DEPARTMENT 17 55 Meridian A venue , 3rd Floor Miami Beach, Florida 33139 48 Section 1 -Certification I hereby certify that: I, as an authorized agent of the Proposer, am submitting the Cost Tender Form(s} as my firm's cost proposal for the work covered by this solicitation; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this solicitation, inclusive of all attachments, exhibits and appendices and the contents of any Addenda released hereto; Proposer has not divulged, discussed , or compared this proposal with other Proposers, and has not colluded with any other Proposer or party to any other Proposal; and certifies that all responses, data and information contained in this Proposal, is true and accurate. The Proposer further declares that it has examined the site of the Work and informed itself fully of all conditions pertaining to the place where the Work is to be done; that it has examined the Contract Documents and all addenda thereto furnished before the opening of the proposals, as acknowledged below; and that it has satisfied itself about the Work to be performed; and all other required information with the proposal; and that this proposal is submitted voluntarily and willingly. The Proposer agrees, if this proposal is accepted, to contract with the City, a municipal corporation of the State of Florida, pursuant to the terms and conditions of the Contract Documents and to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation, and all labor necessary to construct and complete within the time limits specified the Work covered by the Contract Documents for the Project entitled: RFP NO .. 2018-021-KB BARCLAY PLAZA APARTMENTS LEASE The Proposer also agrees to furnish the required Performance Bond and Payment Bond or alternative form of security, if permitted by the City, each for not less than the total proposal price plus alternates, if any, provided in the RFP Price Form in Section 00408 and to furnish the required Certificate(s) of Insurance. In the event of arithmetical errors between the division totals and the total base proposal in the RFP Price Form, the Proposer agrees that the total base proposal shall govern. In the event of a discrepancy between the numerical total base proposal and the written total base proposal, the written total base proposal shall govern. In absence of totals submitted for any division cost, the City shall interpret as no proposal for the division, which may disqualify the Proposer. Name of Proposer's Authorized Representative : Title of Proposer's Authorized Representative : Signature of Proposer's Authorized Representative : Date : State of FLORIDA personally On this _day of ____ , 20_, ) appeared before me who ) stated that (s)he is the of , a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. Before me : Notary Public for the State of Florida My Commission Expires: _______ _ RF P 26 l 8-02 1-K B 49 Section 2 -Revenue Proposal Form REQUEST FOR PROPOSALS (RFP) NO. 2018-021-KB BARCLAY PLAZA APARTMENTS LEASE Actual Revenue Proposal Form shall be provided to short-listed firms at the conclusion of Phase I Evaluation. RFP 261 8:021 -kB 50 APPENDIX E MIAMI BEACH Insurance Requirements RFP NO. 2018-021-KB BARCLAY PLAZA APARTMENTS LEASE RF P 26 l 8:02 1-KB PROCUREMENT DEPARTMENT 1755 Meridian Avenue , 3rd Floor Miami Beac h, Florida 33139 5 1 INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. The provider shall furnish to Procurement Department, City of Miami Beach, 1755 Meridian Avenue, 3rt1 Floor, Miami Beach, Florida 33139, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: A. Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440 . B. Commercial General Liability on a comprehensive basis in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage . City of Miami Beach must be shown as an additional insured with respect to this coverage. C. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. D. Professional Liability Insurance in an amount not less than $2,000,000 with the deductible per claim, if any, not to exceed 10% of the limit of liability. E. Installation Floater Insurance including coverage for material & equipment to be installed during the course of this project. City of Miami Beach shall be included as a Named Insured on this policy, as its insurable interest may appear. This p~licy shall remain in force until acceptance of the project by the City. A waiver of subrogation in favor of the City must be included for the policies required above. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the vendor. All insurance policies required above shall be issued by companies authorized to do bus iness under the laws of the State of Florida , with the following qualifications: The company must be rated no less than "B+" 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, subject to the approval of the City Risk Management Division. or The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insura nce Companies Authorized or Approved to Do Business in Florida" issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days in advance notice to the certificate holder. CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH 1755 MERIDIAN AVENUE 3rd FLOOR MIAMI BEACH, FL 33139 Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable Statutes. RF P 2618:021 -KB 52