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LTC 215-2023 UPDATE ON THE STATUS OF REQUEST FOR PROPOSALS FOR THE CITY PARKING LOT P16 LOCATED AT 1262 COLLINS AVENUE.C ity o f M ia m i B eac h , 1700 Convention Center Drive, Miami Beach FL 33139 LTC# LETTER TO COMMISSION TO: FROM: Date: Mayor Dan Gelber and Members of the City Commission Alina T. Hudak, City Mana~ May 9, 2023 (}f SUBJECT: U P D A T E O N TH E S TA T U S O F R E Q U E S T FO R P R O P O S A LS FO R TH E CIT Y PAR K IN G L O T P 16 L O C A T E D AT 126 2 C O L LI N S A V E NU E . The purpose of this Letter to Commission ("LTC") is to provide the Mayor and City Commission with an update on the status of the Request for Proposals ("RFP") for the Parking Lot P16 located at 1262 Collins Avenue. On October 13, 2021, the Mayor and City Commission approved the referral of an item sponsored by Commissioner Ricky Arriola, to the Finance and Economic Resiliency Committee (FERC) to discuss a proposal for a mixed-use building at the location of City-owned Parking Lot ("P16") located at 1262 Collins Avenue. This parking lot provides fifty (50) public parking spaces and is highly utilized as the immediate area needs additional parking amenities. The closest parking garage (G3, located at 1301 Collins Avenue) is mostly filled. Moreover, parking garage G2 (located at 512-12 Street - next to the Police Station) also holds excess demand. Location Ventures, LLC (LV) submitted an unsolicited proposal ("Unsolicited Proposal") for a redevelopment project (the "Project") at Parking Lot P16 for a new mixed-use structure, including ground floor retail space, office space and a parking garage. Although this Project will add 119 parking spaces, bringing the total count to 169 spaces, under L V's proposal, LV would have the right to lease 60 parking spaces for their current project. This would leave 109 parking spaces for the office and retail tenants of the new structure, leaving less spaces for City residents and guests than currently available. L V has further agreed to free up additional parking spaces on weekends and evenings for public use. At the Ap ril 19, 2022 meeting, the FERC directed L V to: (i) explore whether neighboring business supported the Project; (ii) improve the economic terms for the City, and (iii) submit optional concepts to compare multi-level offices to the initial proposal consisting of a single floor of office space. On November 14, 2022, the FERC deliberated on the revised proposal submitted by LV and referred the item with a recommendation that the Administration publish notice, pursuant to Section 255.065 of the Florida Statutes, requesting other proposals On February 1, 2023, the Mayor and City Commission discussed the Unsolicited Proposal and directed the Administration to initiate a competitive procurement process, in accordance with Section 255.065, Florida Statutes, providing other parties a period of ninety (90) days to submit proposals for a project on P16. In accordance with Commission direction, the Administration has drafted and issued a Request for Proposal (RFP) for the redevelopment of P16 (E xhib it A ). 215-2023 L T C : U p d a te o n S ta tu s o f R F P fo r P a r k in g L o t P 1 6 T h e s c o p e o f th e R F P s ta te s th e C ity m a y e n te r in to a p u b lic -p r iv a te d e v e lo p m e n t a g re e m e n t a n d g ro u n d le a s e a g r e e m e n t to d e s ig n , b u ild , o p e ra te a n d m a in ta in th e s ite . P ro p o s a ls a re n o t re q u ir e d to b e s im ila r to th e u n s o lici te d p ro p o s a l re c e iv e d . It is e n v is io n e d th a t d e v e lo p m e n ts c o u ld a ls o in v o lv e re s id e n tia l a p a rt m e n ts o r o th e r z o n in g -a p p ro p ria te u s e s in c lu d in g b u t n o t lim ite d to o ff ic e (e .g ., g e n e r a l o ff ic e s p a c e , te c h h u b ), s c h o o l c a m p u s e s , e tc . S o m e o f th e s e p ro p o s e d u s e s m a y re q u ir e a m e n d m e n ts to th e C ity 's L a n d D e v e lo p m e n t R e g u la tio n s , a n d th e a p p ro v a l o f a n y s u c h a m e n d m e n ts w o u ld b e in th e C o m m is s io n 's s o le a n d a b s o lu te d is c re tio n . T h e C ity w o u ld c o n s id e r th e d e s ig n a tio n o f a n u m b e r o f u n its a s w o rk fo rc e h o u s in g a s a d d itio n a l c o n s id e ra tio n a n d p u b lic b e n e fi t. T h e C ity w ill c o n s id e r o th e r c o n d itio n a l u s e s , s u b je c t to a p p ro v a l b y th e C ity 's b o a r d s a n d th e M a y o r a n d C ity C o m m is s io n . T h e P ro je c t m u s t re p la c e o r in c re a s e th e n u m b e r o f p u b lic p a r k in g s p a c e s , c u r re n tly fifty (5 0 ), in a d d itio n to p ro v id in g th e n e c e s s a ry a d d itio n a l p a r k in g s p a c e s re q u ir e d b y th e C ity C o d e to s u p p o rt th e P ro je c t's p a rk in g n e e d s . T h e R F P p ro c e s s to b e im p le m e n te d is n o t in te n d e d to b in d th e C ity to p ro c e e d w ith a n y p ro je c t o n P a r k in g L o t P 1 6 a n d is o n ly a m e a n s o f re c e iv in g c o m p e titiv e p ro p o s a ls fo r c o m p a ra tiv e p u r p o s e s . T h e R F P h a s b e e n c o m p le te d a n d is s u e d o n A p r il 2 6 , 2 0 2 3 p ro v id in g in te re s te d p a rt ie s n in e ty (9 0 ) d a y s to s u b m it p ro p o s a ls . A tt a c h m e n t Exhibit A - Request for Proposal (RFP) E x h ib it A MIAMI BEACH Request for Proposals (RFP) 2023-34 9-K B Re d e velopm ent of the City-O w ned Property Located at 1262 Collins Avenue ------- --- -- ---- TABLE OF CONTENTS SOLICITATION SECTIONS: 0100 INSTRUCTIONS TO PROPOSERS 0200 GENERAL CONDITIONS 0300 PROPOSAL SUBMITTAL INSTRUCTIONS & FORMAT 0400 PROPOSAL EVALUATION APPENDICES: APPENDIX A PROJECT REQUIREMENTS APPENDIX B PREVAILING WAGES & LOCAL WORKFORCE REQUIREMENTS AND WAGE DETERMINATION APPENDIX C RESILIENCY STANDARDS APPENDIX D PERISCOPE S2G INSTRUCTIONS APPENDIX E PROPOSAL CERTIFICATION QUESTIONNAIRE AND REQUIREMENTS AFFIDAVIT APPENDIX F BOUNDARY SURVEY S E C T IO N 0 1 0 0 IN S T R U C TI O N S T O P R O P O S E R S 1 . G E N E RA L. This Request for Proposals (RFP) is issued by the City of Miami Beach, Florida (the "City"), as the means for prospective Bidders to submit their qualifications, proposed scopes of work and revenue proposals (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 appendixes 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 Bidders and, subsequently, the successful Bidder(s) (the "contractor[s]") if this RFP results in an award. The City utilizes Periscope S2G (formally known as BidSync) (www.periscopeholdings.com or www.bidsync.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this RFP. Any prospective Bidder who has received this RFP by any means other than through Periscope S2G must register immediately with Periscope S2G to assure it receives any addendum issued to this RFP. Failure to receive an addendum may result in disqualification of proposal submitted. 2. BACKGROUND AND PURPOSE. On November 3, 2021, the City received an unsolicited proposal for the development of Parking Lot 16 (P16), located at 1262 Collins Avenue. In accordance with Section 255.065, Florida Statutes, on February 22, 2023, as part of item R9AC, the City Commission accepted the unsolicited proposal for further consideration and directed the Administration to seek alternative proposals for the redevelopment of the property. Accordingly, the purpose of the RFP is to allow interested parties to submit competing proposals to the unsolicited proposal received by the City for the redevelopment of the 1262 Collins Avenue (P16). The proposer shall have the financial and professional qualifications to deliver a high-quality, economically feasible project(s). Proposals submitted pursuant to this RFP should carefully consider and incorporate the project requirements included in Appendix A. P16, located at the southwest corner of Collins Avenue and 13th Street, is a 21,000 square foot surface parking lot with fifty (50) spaces. The parcel is comprised of Miami-Dade County folio numbers 02-3234-008-1020 and 02-3234- 008-1030. Annual parking revenue for P16 was $407,896 for FY 2021 and $420,161 for FY 2022. P16 is highly utilized, and the area in its immediate proximity needs additional parking amenities. The closest parking garage (G3, located across the street on 13th and Collins) is mostly filled capacity. Parking garage G2 (located on 12th Street- next to the Police Station) holds excess demand and is also usually full. Subsequent to the evaluation of proposals received in response to this RFP, the City may enter into a public-private development agreement and ground lease agreement (the "Project Agreements") to design, build, operate and maintain the site and project. Proposals are not required to be similar to the unsolicited proposal received on November 3, 2021. It is envisioned that developments could also involve residential apartments or other zoning-appropriate uses including but not limited to office (e.g., general office space, tech hub), school campuses, etc. The City would consider the designation of a number of units as workforce housing as additional consideration and public benefit. Some of these proposed uses may require amendments to the City's Land Development Regulations. The City will consider other conditional uses, subject to approval by the City's boards and the Mayor and City Commission. Bidders may submit proposals for different development options, provided that the Bidder submits a separate proposal for each option the Bidder is interested in pursuing. For example, Bidder A wishes to submit a development proposal for a residential complex and a proposal for a school campus. In this case, Bidder A must submit two proposals - one proposal for the residential development and a separate and distinct proposal for the school campus development. Proposals will be evaluated in accordance with the criteria established in Section 0400. 3 . C O N E O F S IL E N C E . This RFP is subject to, and all Bidders 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. Bidders 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@miamibeachfl.gov. 4. ANTICIPATED RFP TIMETABLE. The tentative schedule for this solicitation is as follows· RFP Issued April 25, 2023 Pre-Proposal Meeting May 9, 2023 at 10:00 am ET Join on your computer, mobile app or room device: Click here to join the meeting Meeting ID: 286 616 965 783 Passcode: 3y3YHY Download Teams I Join on the web Or call in (audio only) +1786-636-1480,411747877# United States, Miami Phone Conference ID: 411 7 4 7 877# Find a local number I Reset PIN Learn More I Meetino ootions Deadline for Receipt of Questions June 23, 2023 at 5:00 pm ET Deadline for Submittal of Proposals July 24, 2023 at 3:00 pm ET Join on your computer, mobile app or room device Click here to join the meeting Meeting ID: 272 132 766 440 Passcode: slwJyh Download Teams I Join on the web Or call in (audio only) +1786-536-1480,_721051188# United States, Miami Phone Conference ID: 721 051 188# Find a local number I Reset PIN Learn More I Meetino ootions Evaluation Committee Review TBD Tentative Commission Approval TBD Contract Negotiations Following Commission Approval 5. DEADLINE FOR PROPOSAL SUBMITTAL. Proposals must be submitted electronically through Periscope S2G (formerly BidSync) on or before the date and time indicated. Only proposal submittals received, and time stamped by Periscope S2G (formerly Bid Sync) prior to the proposal submittal deadline shall be accepted as timely submitted. Late bids are not allowed and will not be accepted. Bidders are cautioned to allow sufficient time for the submittal of bids and uploading of attachments in Periscope S2G, including any technical difficulties that may occur (e.g., password issues, new user learning curve, system issues, etc.). Any technical issues must be submitted to Periscope S2G by contacting (800) 990-9339 (tol free) or S2G@periscopeholdings.com. The City cannot assist with technical issues regarding submittals. The City will in no way be responsible for delays caused by any technical or other issue. It is the sole responsibility of each Bidder to ensure its proposal is successfully submitted in Periscope S2G (formerly B id S y n c ) p r io r t o th e d e a d lin e e s ta b lis h e d fo r th e s u b m itt a l o f p r o p o s a ls . 6 . P R O C U R E M E N T C O N T A C T . Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: The RFP title/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 Bidders in the form of an addendum. 7. PRE-PROPOSAL MEETING OR SITE VISIT(S). A pre-proposal meeting or site visit(s) may be scheduled. Attendance for the pre-proposal meeting shall be via web conference and recommended as a source of information but is not mandatory. Proposers interested in participating in the Pre-Proposal Meeting must follow these steps: Join on your computer or mobile app Click here to join the meeting Or call in (audio only) +1 786-636-1480 United States, Miami Phone Conference ID: 916 525 649# Proposers who are participating should send an e-mail to the contact person listed in this RFP expressing their intent to participate. 8. 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 Periscope S2G. Any prospective proposer who has received this RFP by any means other than through Periscope S2G must register immediately with Periscope S2G 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 Timetable section. 9. ADDITIONAL INFORMATION OR CLARIFICATION. After proposal submittal, the City reserves the right to require additional information from Proposers (or Proposer team members or sub-consultants) to determine: qualifications (including, but not limited to, litigation history, regulatory action, or additional references); and financial capability (including, but not limited to, annual reviewed/audited financial statements with the auditors notes for each of their last two complete fiscal years). 10. 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. 11. DETERMINATION OF AWARD. The City Manager may appoint an evaluation committee to assist in the evaluation of proposals received. The evaluation committee is advisory only to the city manager. The city manager may consider the info rm ation pro vided by the evaluation com m ittee pro cess and/or m ay utilize other info rm ation deem ed relevant. The City Manager's re com m endation need not be consistent w ith the inform ation pro vided by the evaluation com m ittee pro cess and takes into consideration M iam i Beach C ity Code Section 2-369, incl uding the fo llow ing considerations: (1) The ability, capacity and skill of the Pro poser to perform the contract. (2) W hether the Pro poser can perform the contract w ithin the tim e specified, w ithout delay or interference. (3) The character, integrity, reputation, judgm ent, experience and effi ci ency of the Pro poser. (4) The quality of perform ance of previous contracts. (5) The previous and existing com pliance by the Pro poser w ith law s and ordinances relating to the contract. The City Manager may recom m end to the City Com m ission the Pro poser(s) s/he deem s to be in the best interest of the City or may recom m end rejection of all pro posals. The City Com m ission shall consider the C ity M anager's recom m endation and may appro ve such recom m endation. The C ity Com m ission m ay also, at its option, reject the City Manager's recom m endation and select another Pro posal or Pro posals w hich it deem s to be in the best interest of the City, or it may also reject all Pro posals. 11. JOINT VENTURES I SINGLE PURPOSE ENTITY. a. Joint Ventures Permitted for Proposal Submissions. For purposes of the proposal submission and evaluation, a Bidder may form a joint venture entity and the owner/members of the joint venture shall be deemed to be the Bidder (i.e. the joint venture members with an ownership interest in the joint venture may meet the qualification requirement collectively). If the Bidder is a joint venture, the joint venture's proposal shall contain an executed Proposal Certification Questionnaire and Requirements Affidavit from each of the owner/members of the joint venture participating in the proposal. If awarded the RFP, the ownership interests of each member of the joint venture entity previously disclosed shall be confirmed in the Project Agreements. b. Successful Bidder Required to Create Single Purpose Entity to Serve as Contract Entity. Prior to executing the Project Agreement(s) with the City, the successful Bidder shall be required to create a single purpose entity (such as a limited liability company) to serve as the entity that enters into the Project Agreements with the City, and shall be the vehicle through which the Developer raises the capital/equity commitments from investors for the project, subject to the City's rights in and to the project. If the successful Bidder is a joint venture entity, and the joint venture entity is not a single purpose entity, the joint venture shall be required to create a single purpose entity to serve as the entity that enters into the Lease, as applicable. 12. 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. 13. E-VERIFY. As a contractor you are obligated to comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility." Therefore, you shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 14. PERISCOPE S2G (FORMERLY BIDSYNC). The Procurement Department utilizes Periscope S2G, Supplier-to- Government electronic bidding (e-Bid) platform. If you would like to be notified of available competitive solicitations released by the City you must register and complete your vendor qualifications thro ugh Periscope S2G, Supplier-to- Governmen t yyw_bidsyn c_com/M iami-B each. Registration is easy and will only take a few minutes. For detailed instructions on how to register, complete vendor qualifications and submit electronic bids visit https ://www. m ia mi beach fl. gov/city-ha I1/procu re ment/for-a proval-h ow-to-be co me-a-vendor/. Should you have any questions regarding this system or registration, please visit the above link or contact Periscope S2G, Supplier-to-Government at suppor t@b idsyn c. com or 800.990.9339, option 1, option 1. 15. HOW TO MANAGE OR CREATE A VENDOR PROFILE ON VENDOR SELF SERVICE (VSS). In addition to registering with Periscope S2G, the City encourages vendors to register with our online Vendor Self- Service web page, allowing City vendors to easily update contacts, attachments (W-9), and commodity information. The Vendor Self-Service (VSS) webpage (https://selfservice.miamibeachfl.gov/vss/Vendors/default.aspx) will also provide you with purchase orders and payment information. Should you have any questions and/or comments, do not hesitate to submit them to vendorsupport@miamibeachfl.gov 16. SUPPLIER DIVERSITY. In an effort to increase the number and diversity of supplier options in the procurement of goods and services, the City has established a registry of LGBT-owned businesses, as certified by the National LGBT Chamber of Commerce (NGLCC) and small and disadvantaged businesses, as certified by Miami-Dade County. See authorizing resolutions here. If your company is certified as an LGBT-owned business by NGLCC, or as a small or disadvantaged business by Miami-Dade County, click on the link below to be added to the City's supplier registry (Vendor Self-Service) and bid system (Periscope S2G, Supplier-to-Government). These are two different systems and it is important that you register for both. Click to see acceptable certification and to register: https://www.miamibeachfl.gov/city-hall/procuremenUhow-to- become-a-vendor/. 17. PREVAILING WAGE RATES. Section 31-27 of the City Code requires that in all non-federally funded construction contracts in excess of one million five hundred thousand dollars to which the City of Miami Beach is a party (including projects developed by private entities pursuant to a development agreement, ground lease or management agreement with a term of 10 years or more), the rate of wages and fringe benefits, or cash equivalent, for all laborers, mechanics and apprentices employed by any contractor or subcontractor on the work covered by the contract, shall not be less than the prevailing rate of wages and fringe benefit payments or cash equivalence for similar skills or classifications of work, as established by the Federal Register, in the City of Miami Beach, Florida. See Appendix D. 18. LOCAL WORKFORCE PARTICIPATION PROGRAM. Section 31-40 of the City Code requires the demonstration of reasonable efforts to promote employment opportunities for local Miami-Dade County residents and seek to achieve a project goal of having thirty percent (30%) of all construction labor hours performed by Miami-Dade County and City of Miami Beach residents. See Appendix C. 19. COSTS INCURRED BY BIDDERS. All expenses involved with the preparation and submission of Proposals, or any work performed in connection therewith, shall be the sole responsibility (and shall be at the sole cost and expense) of the Bidder, and shall not be reimbursed by the City. 20. RELATIONSHIP TO THE CITY. It is the intent of the City, and Bidders hereby acknowledge and agree, that the successful Bidder is considered to be an independent contractor, and that neither the Bidder, nor the Bidder's employees, agents, and/or contractors, shall, under any circumstances, be considered employees or agents of the City. 21. ENV IR O N M EN TA L REG U LA TIO NS. The City reserves the right to consider a Bidder's history of citations and/or violations of environmental regulations in investigating a Bidder's responsibility, and further reserves the right to declare a Bidder not responsible if the history of violations warrant such determination in the opinion of the City. Bidder shall submit with its proposal, a complete history of all citations and/or violations, notices, and dispositions thereof. The non-submission of any such documentation shall be deemed to be an affirmation by the Bidder that there are no citations or violations. Bidder shall notify the City immediately of notice of any citation or violation which Bidder may receive after the proposal opening date and during the time of performance of any contract awarded to it. 22. INDEMNIFICATION. The Developer 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 Developer or its employees, agents, servants, partners, principals or subcontractors. The Developer 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 Developer expressly understands and agrees that any insurance protection required by any agreement with the City or otherwise provided by the Developer 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 termination of this Agreement. 23. FLORIDA PUBLIC RECORDS LAW. Bidders are hereby notified that all Proposals 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. 1of 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, Developer 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 retaining public records and transfer, at no cost, to the public agency all public records in possession of the Developer upon termination of the contract and destroy any duplicate public records that are exempt or confidential 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. 24. OBSERVANCE OF LAWS. Bidders 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 Bidder will in no way relieve it from responsibility for compliance. 25. CONFLICT OF INTEREST. All Bidders 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 Bidders must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Bidder entity or any of its affiliates. Balance of Page Intentionally Left Blank SECTION 0200 GENERA L CONDITIONS FORMAL SOLI CITATIONS TERMS & CONDITIONS · GOODS AND SERVICES. By virtue of submitting a proposal in response to this solicitation, proposer agrees to be bound by and in compliance with the Terms and Conditions for Services (dated 10.27.2022), incorporated herein, which may be found at the following link: https://www.miamibeachfl.gov/city-hall/procurement/standard-terms-and-conditions/ FORMAL SOLICITATIONS TERMS & CONDITIONS - SERVICES & CONSTRUCTION. By virtue of submitting a proposal in response to this solicitation, Bidder agrees to be bound by and in compliance with the Terms and Conditions for Services and Construction (version dated April 13, 2020), incorporated herein, which may be found at the following link: https://www.miamibeachfl.gov/city-hall/procurement/standard-terms-and-conditions/ SECTI ON 0300 PROPOSAL SUBM ITT AL INSTRUCTIONS AND FORMA T 1. ELECTRONIC RESPONSES (ONLY). Proposals must be submitted electronically through Periscope S2G (formerly BidSync) on or before the date and time indicated in Section 0100, Sub-sections 5 and 6. Hard copy proposals or proposals received through email or facsimile are not acceptable and will be rejected. A Bidder may submit a modified proposal to replace all or any portion of a previously submitted proposal until the deadline for proposal submittals. The City will only consider the latest version of the proposal submitted. Electronic proposal submissions may require the uploading of attachments. All documents should be attached as separate files in accordance with the instructions included in Section 4, below. Attachments containing embedded documents or proprietary file extensions are prohibited. It is the Bidder's responsibility to assure that its bid, including all attachments, is uploaded successfully in Periscope S2G. For instructions on submitting proposals in Periscope S2G, see Appendix E. 2. NON-RESPONSIVENESS. Failure to submit the following requirements shall result in a determination of non- responsiveness. Non-responsive proposals will not be considered. 1. Bid Submittal Questionnaire (Periscope S2G). The questionnaire is an online fillable form that must be completed and submitted electronically via Periscope S2G. Failure to submit the Bid Submittal Questionnaire on or before the Deadline for Submittal of Proposals shall result in a determination of non-responsiveness. 2. Minimum Requirement (Tab 1). Failure to comply with the minimum requirement (Tab 1) shall result in a determination of non-responsiveness. 3. Financial Proposal (Tab 6). Failure to submit the Financial Proposal (Tab 6) on or before the Deadline for Submittal of Proposals shall result in a determination of non-responsiveness. 3. OMITTED OR ADDITIONAL INFORMATION. Following the receipt of proposals, with the exception of the Bid Submittal Questionnaire and the Financial Proposal, the City reserves the right to seek any omitted information/documentation or any additional information from Bidder or other source(s), including but not limited to: any firm or principal information; applicable licensure; resumes of relevant individuals; client information; financial information (including, but not limited to, annual reviewed/audited financial statements with the auditors notes); litigation history or any information the City deems necessary to evaluate the capacity of the Bidder to perform in accordance with contract requirements. Failure to submit any omitted or additional information in accordance with the City's request shall result in proposal being deemed non-responsive. 4. ELECTRONIC 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 as specified below. The electronic submittal should be tabbed as enumerated below and contain a table of contents with page references. The electronic proposal shall be submitted through the "Line Items" attachment tab in Periscope S2G. TAB 1 Cover Letter & Minimum Qualifications Re uirements 1.1 Cover Letter and Table of Contents. The cover letter must indicate Proposer and Proposer Primary Contact for the purposes of this solicitation. 1.1.1 Contact Information. Submit contact information for the Bidder and Bidder's representative for all matters pertaining to the RFP. If Bidder is a joint venture, provide the names of all parties to the joint venture and the form and governance structure of the entity pursuant to Section 0100, Sub-section 11. 1.2 Minimum Experience Requirement. Provide evidence that the proposing firm or its principals has at least five ears of rofessional or urban desi n ex erience. For each roiect that the Pro oser submits as evidence of the m in im u m e x p e r ie n c e re q u ire m e n t fo r th e fi rm a n d /o r a n y p rin c ip a l, th e fo llo w in g is re q u ire d : o project name and location. o project description. o dates of project start and completion. o client contact, contact telephone & email. For each project, identify whether the experience is for the firm or for a principal (include name of principal). 1.3 Development Description. Provide a brief description that explains the type of development (e.g. residential, office space, workforce housing) proposed. Bidders may submit proposals for different development options, provided that the Bidder submits a separate proposal for each option the Bidder is interested in pursuing. For example, Bidder A wishes to submit a development proposal for a residential complex and a proposal for a school campus. In this case, Bidder A must submit two proposals - one proposal for the residential development and a separate and distinct proposal for the school campus development. Proposals will be evaluated in accordance with the criteria established in Section 0400. 1.4 Organizational Chart. Include an organizational chart that depicts the Bidder's role (or the role of each joint venture partners) and the role of all other key team member firms, including the Developer, general contractor, key architecture/engineering firm, management/operations firm, and firms providing capital or financing. Include the lines of authority and communication among and between the Bidder and the key team member firms. Include a narrative for each key team member firm that identifies major responsibilities. 1.4.1 Principals. Submit a list of all principals for the Bidder and all key team member firms (the Developer, general contractor, key architecture/engineering firm, management/operations firm, and firms providing capital or financing). This information is not necessary for sub-contractors of the general contractor. 1.4.2 Conflicts of Interest. Provide the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee, elected or appointed official of the City of Miami Beach. Further, all Bidders must disclose the name of any City employee, elected or appointed official who owns, directly or indirectly, an interest of ten (10%) percent or more in the Bidder entity or any of its affiliates. 1.4.3 Key Personnel. Identify all key personnel of the Developer, general contractor, key architect/engineer firm, management/operations firm, and firms providing capital or financing who will be assigned to the project and their intended roles and responsibilities on the organizational chart. Include resumes of key personnel who will be involved in the project if selected. 1.5 Responsible Contractor Affidavit (RCA). As a condition of being responsive to the requirements of the solicitation and eligible to be considered for award, the general contractor shall submit a Responsible Contractor Affidavit (Appendix C) affirming that it will make its best reasonable efforts to promote employment opportunities for Miami-Dade County residents by seeking to achieve a project goal of having thirty percent (30%) of all construction labor hours performed by Miami-Dade County residents. The Contractor shall also affirm that it will make its best reasonable efforts to promote employment opportunities for Miami Beach residents. Ex erience & Qualifications Qualifications of the Bidder. For the Bidder identified in the organizational chart, provide the following information. If the Bidder is a Joint Venture, rovide the information for each member of the Joint Venture. 2.1.1. Company Information: Provide background information, including company history, years in business, number of employees, and any other information communicating capabilities and experience. 2.1.2. Previous Development Experience of the Bidder. For the Bidder and/or its principals, provide evidence of development projects for which it has been contracted within the last ten (10) years. For each project include project name, project details and location, and project partners. 2.1.3. Previous Green Building Experience of the Bidder. For the Bidder and/or its principals, provide evidence of Leadership in Energy and Environmental Design (LEED) or Living Building Challenge projects for which it has been contracted within the last ten (10) years. For each project include project name, project details, and project partners. 2.1.4. Public-Private Development Experience of the Bidder. For the Bidder and/or its principals, provide evidence of public-private partnership (P3) projects for which it has been contracted within the last ten (10) years. For each project include project name, project details, name of public entity, and the entity's project representative and contact information. 2.2 Qualifications of the Design Team. For the Design Team identified in the organizational chart, provide the following information. 2.2.1. Company Information: Provide background information, including company history, years in business, number of employees, and any other information communicating capabilities and experience. 2.2.2. Previous Similar Experience of the Design Team. For the prime Design Team and/or its principals, provide evidence of development projects for which it has been contracted within the last ten (10) years. For each project include project name, project details and location, and the entity's project partners. 2.2.3. Previous Green Building Experience of the Design Team. For the prime Design Team and/or its principals, provide evidence of Leadership in Energy and Environmental Design (LEED) or Living Building Challenge projects for which it has been contracted within the last ten (10) years. For each project include project name, project details, and project partners. 2.3 Qualifications of the Other Key Team Member Firms. For each key firm (e.g., general contractor, capital/finance partners, etc.) identified in the organizational chart as key firms, provide the following information. 2.3.1. Company Information of Key Team Member Firms. Provide background information, including company history, years in business, number of employees, and any other information communicating capabilities and experience (recommend 1 page). 2.3.2. Previous Similar Experience of Key Team Member Firms. Provide evidence of development or public-private partnership (P3) projects for which it has been contracted within the last ten (10) years. For each project include project name, project details, name of public entity (if applicable as a public-private partnership), and the entity's project representative and contact information. 2.4 Previous Collaborative Experience of Bidder, Design Team, and the Key Team Member Firms. Provide a list of projects that the Bidder and the key team member firms have completed jointly (as a team). For each project, include: project name; project details; name of client entity; and the entity's project representative and contact information. 2.5 Relevant Local or Regional Experience. For the bidder, key team member firm, or any principal, include any similar project(s) completed in Miami Beach or the local region within the last ten (10) years. For each project, include: project name; project details; name of client entity; and the entity's project representative and contact information. 2.6 Un i q ue Q ualifi catio ns. Identify any additional or unique resources, capabilities, or assets which the Bidder and its team would bring to this project. TAB 3 ect Details & Pro Include detailed responses to the following: 3.1 Project Overview. Provide details of the project, including usage intent, occupant mix, intended rent amounts, zoning compliance or required zoning changes. Indicate the specific types and proportion of uses for which the building's entire floor area will be utilized. 3.1.1. If residential use is intended, indicate whether and to what extent the project will include affordable and/or workforce housing units. 3.2 Programming & Floor Area Use. Indicate the programming intended for each floor, the floor area, and percentage of the building's entire floor area correlating with the intended use(s). Bidder must indicate any proposed variances to the City Code, zoning or height requirements. 3.3 Ground Floor Activation. Indicate the floor area allocated for retail, commercial, or other uses, excluding parking, on the ground floor. 3.5 Project Timeline. Provide a comprehensive development timeline identifying the estimated length of time to reach milestones, including: commencement, staging of parking during construction and substantial and final com letion of construction and an contin encies that ma affect this timeline. TAB4 Parkin The project must include a full replacement of the 50 public parking spaces available to the general public that will be operated by the City of Miami Beach (at City rates). Additionally, the project must include the parking required for the specific building type/use as outlined in the City Code. Further, provided detailed responses to the following: 4.1 Additional Parking. Indicate how the project will maximize and provide increased spaces available to the public at City rates at all times. TAB 5 Desi n & Resilienc 5.1 Conceptual Design. Provide conceptual architectural diagrams of floor plans, elevations, and renderings of the proposed project. It is expected that the conceptual design will further the City's design standards, and continue the City's legacy as a home to many architecturally significant buildings designed by nationally and internationally-recognized architects. 5.2 Resiliency. The project shall be designed with the objective of meeting LEED Gold or Living Building Challenge certification requirements, in accordance with Chapter 133 of the City Code. In addition, provide Bidder's approach for meeting or exceeding the Resiliency Standards set forth in Appendix D, and specify how the Resiliency Standards are incorporated in the Bidder's conceptual design. 5.3. Environmental Compliance. Submit a complete history of all environmental citations and/or violations, notices and dispositions thereof. The non-submission of any such documentation shall be deemed to be an affirmation by the Bidder that there are no citations or violations. B est Practices Submit detailed information on the proven best practices, but not limited to best practices in architecture, urban desiyn, historic reservation, or other best ractices on rojects similar to the roposed roject. TAB7 Public Benefit Submit detailed information on any public benefit included in the proposal which may include but not necessarily be limited to the following: • attracting non-retail industries and companies to the area, such as early childhood education facilities, small business opportunities, office space (e.g. general office space, tech hub). • including workforce housing opportunities, • increasing City revenue beyond the remuneration included in the financial proposal. • other significant community benefits, including but not limited to providing opportunities for enhancing the resident ex erience and furtherin social e uit. TAB 8 Financial Pro osal 8.1 Remuneration to the City. Submit detailed schedule of remuneration to the City, including initial payment(s), ongoing annual payments and compensation in the event of a sale or transfer for the duration of the term proposed. The duration of the term of any lease(s) entered into pursuant to this RFP shall not exceed 99 years. Responses should indicate, as applicable: 1) desired lease term; 2) initial upfront payment to the City; 3) schedule of proposed minimum guaranteed rent, annual escalator, and percentage gross revenues throughout the term; 4) proposed compensation in connection with any sale or transfer; and 5) summary of any other payments or compensation proposed. 8.3 Finance Plan. Specify the planned level of Bidder equity participation, planned level and identification of known third-party equity participation, planned level of third-party equity that needs to be raised, expected financing role of the manager/operator, the structure for and amount of third-party debt, relationships and history with lenders, and the willingness to provide the required level of any anticipated debt guarantees. 8.4 Proforma. Provide a detailed financial proforma for the project (including assumptions for the amortization period of any debt service and, at a minimum, modeling for the initial 20 years of cash flow) and details of planned capital investment(s). 8.5 Preliminary Development Budget. Provide a summary of the development budget for the project, including estimated construction hard costs, architecture/engineering], development fee, other soft costs and required fees, pre-opening/working capital, art in public places (two percent (2%) of construction costs per City Code Section 82- 537, contin enc and escalation, financin costs, and an other uni ue roiect costs. Tab 9 • reements & Financial Ca abilities Not Reviewed b Evaluation Committee The following information is to be used for the City's due diligence but will not be evaluated by the Evaluation Committee. The City Manager, at her sole discretion, may consider this information in accordance with Section 011, Sub-section 11. 9.1 Financial Capabilities. Provide the Bidder's most recent annual reviewed/audited financial statement with the auditor's notes. Such statements should include, as a minimum, balance sheets (statements of financial osition and statements of rofit and loss statement of net income . Also rovide financial information for an fo r any other equity investor included in the pro posal, as w ell as related info rm ation concern ing the eq uity investor's track record w ith sim ilar developm ents. 9.2 Agreements. The City shall circulate via addendum to this RFP a Reimbursement Agreement, and Development Agreement and Lease Agreement templates. In its discretion, the City may circulate additional agreements by addenda. Bidders must provide a redline draft noting any exceptions and comments to any agreement forms released by the City. Bidders must clearly indicate any exceptions they wish to take to any of the terms, and what, if any, alternative proposed revisions are offered. All exceptions and alternatives shall be included and clearly delineated by redlining the City's form agreement in this tab. In addition, a red lined Microsoft Word version shall be submitted on Periscope S2G. City reserves the right to reject any proposed exceptions and/or revisions at its sole and absolute discretion. For the avoidance of doubt, the templates are provided for reference purposes and the City reserves the right to modify any and all provisions in the templates as the City determines in its sole and absolute discretion. SEC TIO N 0400 PR O PO SA L EV ALUA TIO N 1. EV A LUATIO N CO M M ITT EE. An Evaluation Committee, appointed by the City Manager, may meet to evaluate each Proposal in accordance with the qualitative criteria set forth below. In doing so, the Evaluation Committee may review and score all proposals received, with or without requiring presentations. It is important to note that the Evaluation Committee is advisory only and does not make an award recommendation to the City Manager or the City Commission. The City Manager will utilize the results to take one of the following actions: a. In the event that only one responsive proposal is received, the City Manager, after determination that the sole responsive proposal materially meets the requirements of the RFP, may, without an evaluation committee, recommend to the City Commission that the Administration enter into negotiations; or b. The City Manager may recommend that the City Commission authorize negotiations or award a contract to one or more firms in accordance with Section 0100, Sub-section 12; or c. The City Manager may Recommend that the City Commission short-list one or more firms for further consideration by the Evaluation Committee; or d. The City Manager may recommend to the City Commission that all firms, if more than one (1) responsive submittal is received, be rejected. 2. PRESENTATIONS BY SHORT-LISTED FIRMS. If a short-listing of firms responding to this RFP is approved, the short-listed firms may be required to make presentations to and be interviewed by the Evaluation Committee. In further considering the short-listed firms, the Evaluation Committee will utilize the criteria set forth in Sub-section 4 below. 3. TECHNICAL ADVISORS. The City, at its discretion, may utilize technical or other advisers to assist the evaluation committee or the City Manager in evaluating proposals. 4. EVALUATION CRITERIA. Responsive, responsible proposals will be evaluated in accordance with the following criteria: Qualitative Criteria M · p · t P · t A db E I t· c •tt ax1mum om s oIns ssIune valuation omm tee Qualifications (Tab 2) 20 Project Details & Programming (Tab 3) 20 Parking (Tab 4) 5 Design & Resiliency (Tab 5) 15 Best Practices (Tab 6) 10 Public Benefits (Tab 7) 10 Financial Proposal (Tab 8) 20 TOTAL AVAILABLE POINTS for Qualitative Criteria Quantitative Criteria (Points Assigned by Procurement Department) Maximum Points Veteran's Preference Points TOTAL AVAILABLE POINTS for Qualitative and Quantitative Continued on the following page. 5. Q U A LI TA T IV E CR ITE R IA . The Evaluation Committee shall review responsive, responsible proposals and assign points for the qualitative factors only. The Evaluation Committee shall not consider quantitative factors (e.g. veteran's preference) in its review of proposals. The Evaluation Committee shall act solely in an advisory capacity to the City Manager. The results of the Evaluation Committee process do not constitute an award recommendation. The City Manager may utilize, but is not bound by, the results of the Evaluation Committee process, as well as consider any feedback or information provided by staff, consultants or any other third-party in developing an award recommendation in accordance with Section 0100, Sub-section 10. In its review of proposals received, the Evaluation Committee may review and score all proposals, with or without conducting interview sessions, in accordance with the evaluation criteria. 6. QUANTITATIVE CRITERIA. Quantitative factors shall not be considered by the Evaluation Committee. Quantitative factors will be considered by the City Manager in preparing a recommendation to the City Commission. In considering quantitative factors, the City Manager may also consider any feedback or information provided by staff, consultants or any other third-party in developing an award recommendation in accordance with Section 0100, Sub- section 10. Procurement Department staff will assign points for the quantitative criteria. Veterans' Preference points will be assigned in accordance with Section 2-37 4 of the City Code. 7. DETERMINATION OF FINAL RANKING. The sum of the evaluation criteria points will be converted to rankings in accordance with the exam le below: Committee Quantitative Points 12 Member 1 Total 104 92 Rank 1 3 2 Qualitative Points 79 85 72 Committee Quantitative Points 22 15 12 Member2 Total 101 100 84 Rank 1 2 3 Qualitative Points 80 74 66 Committee Quantitative Points 22 15 12 Member2 Total 102 89 78 Rank 1 2 3 Low Aggregate Score 3 7 8 Final Ranking* 1 2 3 It is important to note that the results of the proposal evaluation process in accordance with Section 0400 does not represent an award recommendation. The City Manager will utilize the results of the proposal evaluation process, and any other information he deems appropriate, to develop an award recommendation to the City Commission, which may differ from the results of the proposal evaluation process and final rankings. Balance of Page Intentionally Left Blank APPENDIX A MIA M I BEACH Project Requirements 2023-349-KB REDEVELOPMENT OF THE CITY- OWNED BUILDING LOCATED AT 1262 COLLINS AVENUE (Pl 6) PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3a Floor Miami Beach, Florida 33139 C1. Scope of Project. P16, located at the southwest corner of Collins Avenue and 13th Street, is a 21,000 square foot surface parking lot with fifty (50) spaces. The parcel is comprised of Miami-Dade County folio numbers 02-3234-008-1020 and 02-3234-008-1030. Annual parking revenue for P16 was $407,896 for FY 2021 and $420,161 for FY 2022. P16 is highly utilized, and the area in its immediate proximity needs additional parking amenities. The closest parking garage (G3, located across the street on 13th and Collins) is mostly filled capacity. Parking garage G2 (located on 12th Street- next to the Police Station) holds excess demand and is also usually full. Through this RFP, the City seeks proposals from parties interested in entering into a public-private development agreement and ground lease agreement (the "Project Agreements") to design, build, operate and maintain the site. Developments could involve residential apartments or other zoning- appropriate uses including but not limited to office (e.g., general office space, tech hub), school campuses, etc. Some of these proposed uses may require amendments to the City's Land Development Regulations. The City would consider the designation of a number of units as workforce housing as additional consideration and public benefit. The City will consider other conditional uses, subject to approval by the City's boards and the Mayor and City Commission. Project must replace or increase the number of existing parking spaces, currently fifty (50), in addition to providing parking spaces to support the Project's parking needs. The fifty (50) (or more) spaces will be operated by the City of Miami Beach. Following is a brief summary of the site. However, Bidder is solely responsible for conducting its own due diligence. 1. Site Description: P16, located at the southwest corner of Collins Avenue and 13th Street, is a 21,000 square foot surface parking lot with fifty (50) spaces. The parcel is comprised of Miami-Dade County folio numbers 02-3234-008-1020 and 02-3234-008-1030. C2. Project Minimum Requirements. 1. Public Participation: It is the City's intent that the successful Proposer be responsible for all costs to develop, design, permit, construct and operate the project. However, through the General Obligation Bond for Arts & Culture (adopted by voters on November 8, 2022) the City may consider funding a portion of the project that is solely designated for workforce housing for individuals employed directly by the City's arts and cultural institutions. 2. Reimbursement for City Costs: Bidders will be required to execute the Reimbursement Agreement (which shall be circulated via Addendum) whereby the Bidder agrees, if selected as the successful proposer, to reimburse the City for the City's transactional and professional costs and fees (including appraisals, reports, studies, and outside counsel fees, if necessary) associated with preparation, negotiation, and drafting of the final agreements, up to a not-to- exceed amount of $100,000. 3. Approval of and Development Agreement and Lease: The Development Agreement and Lease shall be subject to approval pursuant to all applicable requirements of the Florida Statutes and the Miami Beach City Code. 4. Lease Term and Structure: The duration of the lease term shall be no greater than 99 years. The lease shall be a "triple net" lease (NNN), with lessee to be solely responsible for all real estate taxes, utilities, assessments or other public charges, insurance, common area maintenance, and all other costs and expenses associated with the operation of the project. 5. Prevailing Wage Rates: Section 31-27 of the City Code requires that in development agreements/ground leases for projects on City-owned property, the rate of wages and fringe benefits, or cash equivalent, for all laborers, mechanics and apprentices employed by any contractor or subcontractor on the work covered by the contract, shall not be less than the prevailing rate of wages and fringe benefit payments or cash equivalence for similar skills or classifications of work, as established by the Federal Register, in the City of Miami Beach, Florida. See Appendix C. 6. Local Workforce Participation Program: Section 31-40 of the City Code requires the demonstration of reasonable efforts to promote employment opportunities for local Miami-Dade County residents and seek to achieve a project goal of having thirty percent (30%) of all construction labor hours performed by Miami-Dade County and City of Miami Beach residents. See Appendix B. 7. No Warranties or Representations By City: Any information provided by City under this RFP is solely to provide background information for the convenience of the Bidders. City makes no representations or warranties, express or implied, of any kind whatsoever with respect to any of the matters identified in this RFP or exhibits thereto, including but not limited to the matters referenced in herein or in any subsequent addendum to the RFP. 8. Other Requirements: Proposals shall be guided by the Land Development Regulations, however proposed changes to the Land Development Regulations will be considered. Proposals requesting amendments to the Land Development Regulations must explicitly specify the amendments being sought. Any potential FAR increases would be subject to separate voter referendum approval (separate from the lease approval). 9. Potential for Transfer of Development Rights (TDR's). TDR's can occur when transfer and receiving districts within the City are established. A TOR could potentially occur at the subject location (as a transfer site), if the proposal does not use all of the available FAR on the property. In order to facilitate a TOR, the Land Development Regulations of the City Code will need to be amended. The Land Use and Sustainability Committee of the City Commission (LUSC) has an agenda item pending before it addressing TDR's citywide; the LUSC is expected to discuss this item in early 2023. Also, since any TOR program will result in an increase in zoned FAR for the receiving district, pursuant to the City Charter voter approval would be required to establish a TOR program. 10. Project Design: To the fullest extent possible, the design of the project must complement its surroundings and minimize its impact on the neighborhood, as reasonably determined by City. The design approach should enhance the atmosphere with significant market presence, unique architectural features, public art and quality materials, finishes and trim. 11. Parking. The proposed project must replace or increase the number of public parking spaces at City rates, currently fifty (50), in addition to providing the necessary additional parking spaces required by the City Code to support the proposed project's parking requirements. Bidder is to define which spaces, in excess of the current 50, are to be made available for public parking at City rates. 12. Art in Public Places. Lessee shall comply with the City's Art In Public Places (Al PP) program requirements under Section 82-536 through 82-612 of the City Code, as applicable, and shall contribute to the City's Art in Public Places fund the total amount of two percent (2%) of the "construction cost" of the Project development costs, as such term is defined in Section 82-537 of the City Code, no later than date of execution of the Project General Contract by Lessee and the Project General Contractor, as required by the City Code. 13. Site Considerations: a. The City's interest in the Site, if awarded pursuant to this RFP, will not at any time be subject or subordinate to any mortgage or any other liens or encumbrances hereafter affecting Developer's interest in the project. 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. b. The Developer must accept the Site in its "AS IS" condition, with all faults and patent or latent defects, and with no representation or warranties by City of any kind whatsoever with respect to Site or the condition, feasibility, value, or financial prospects of the project. c. The rights granted under the Lease shall be non-exclusive and City reserves the right to grant similar privileges and similar leases to other lessees or developers on other City-owned or leased property, and to take any and all actions that City is permitted to take under federal, state, and local law. d. The Project must be developed to comply with the City's Resiliency Standards attached as Appendix C. 14. Development and Ground Lease Agreement: The form of the City's Development and Ground Lease Agreement will be furnished as an Addendum. 15.No Warranties or Representations by City. Any information provided by City under this RFP is solely to provide background information for the convenience of the Bidders. City makes no representations or warranties, express or implied, of any kind whatsoever with respect to any of the matters identified in this RFP or exhibits thereto, including but not limited to the matters referenced in this Appendix C. 16.Prohibited Uses. Short-Term Rentals/Transient uses are prohibited in addition to such other uses including but not limited to (a) stand-alone bars; (b) pawnshops and second-hand dealers of precious metals/precious metals dealers; (c) accessory outdoor bar counters except in compliance with local law; (d) tobacco/vape dealers; (e) check cashing stores; (f) medical cannabis dispensaries (medical marijuana dispensaries); (g) convenience store; (h) grocery stores; (i) occult science establishm ents; (j) pharm acy stores; (k) souvenir and t-shirt shop; (I) tattoo studios; (m ) am usem ent centers; (n) casino gam bling; (o) coinbox entertainm ent; (p) political offi ces; (q) places of w orship; an d (r) in any m anner that w ill violate any certificate of occupancy or certificate of use fo r the Prem ises, or w hich w ill violate any law s, ordinances, or other rules or regulations applicable to the Prem ises. APPENDIX B MIAMI BEACH Prevailing Wage and Local Workforce Participation Program and Wage Determination 2023-349-KB REDEVELOPMENT OF THE CITY- OWNED BUILDING LOCATED AT 1262 COLLINS AVENUE (P16) PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3d Floor Miami Beach, Florida 33139 T he R eq u irem ents o f th e Prevailing Wage and Local Workforce Participation Programs shall apply to the award of this project. The purpose of this appendix is to summarize, for clarity, the requirements of the City's Prevailing Wage and Local Workforce Program Requirements. In the event of any omissions or conflicts, the requirements of the City Code, with respect to these programs, shall prevail. I. MINIMUM WAGES AND BENEFITS 1. Employee Compensation. The rate of wages and fringe benefits, or cash equivalent, for all laborers, mechanics and apprentices employed by the contractor or subcontractor on the work covered by the contract, shall be not less than the prevailing rate of wages and fringe benefit payments or cash equivalence for similar skills or classifications of work as established by the Federal Register last published by the United States Department of Labor prior to the date of issuance of this solicitation. (reference: Sec 31-27). 2. Notice Requirement. On the date on which any laborer or mechanic commences work on a construction contract to which this article applies, the contractor shall be required to post a notice in a prominent place at the work site stating the requirements of this article. (reference: Sec 31-29). 3. Certified Payrolls. With each payment application, Contractor shall submit a copy of all payrolls, including (at a minimum) the name and zip code for the covered employee, to the City accompanied by a signed "Statement of Compliance" indicating that the payrolls are correct and complete and that each laborer or mechanic has been paid not less than the proper prevailing wage rate for the work performed. Beginning, January 30, 2018, all payroll submittals shall be completed electronically via the City's electronic compliance portal, LCP Tracker. No payment application shall be deemed accepted until such time as the Procurement Department has confirmed that a certified payroll for the applicable payment application has been accurately submitted in LCP Tracker. a. LCP Tracker Training. The Procurement Department offers ongoing training in LCP Tracker to all contractors. To schedule a training session, contact Alian Gonzalez at AlianGonzalez@MiamiBeachFL.gov or at 305-673-7490. II. LOCAL WORKFORCE PARTICIPATION GOALS 1. Responsible Contractor Affidavit (RCA). As a condition of being responsive to the requirements of the solicitation and eligible to be considered for award, the Contractor shall submit a Responsible Contractor Affidavit affirming that it will make its best reasonable efforts to promote employment opportunities for Miami-Dade County residents by seeking to achieve a project goal of having thirty percent (30%) of all construction labor hours performed by Miami-Dade County residents. The Contractor shall also affirm that it will make its best reasonable efforts to promote employment opportunities for Miami Beach residents. Failure to submit the RCA shall result in the bid or proposal being disqualified and deemed non-responsive. 2. Workforce Performance Report. Before its final application for payment, the Contractor shall submit its final Certified Payroll in LCP Tracker, which shall be deemed its final Workforce Performance Report. If the project goal of thirty percent (30%) of all construction labor hours to be performed by Miami-Dade County residents is not met, the Contractor shall submit supporting documentation verifying reasonable efforts to promote employment opportunities for Miami Beach and Miami-Dade County residents. No final payment application may be approved without this information. LOCAL WORKFORCE PARTICIPATION PROGRAM Responsible Contractor Affidavit Form In accordance with Article Ill, Section 31-40 of the Miami Beach Code, all contractors and subcontractors of any tier performing on a city contract valued in excess of $1,500,000 for (i) the construction, demolition, alteration and/or repair of city buildings or city public works projects, or (ii) a contract valued in excess of $1,500,000 which provides for privately-funded construction, demolition, alteration and/or repair of buildings or improvements located on city-owned land, and which are subject to Section 31-40 of the Miami Beach Code shall comply with the requirements of the Local Workforce Participation Program. The undersigned Contractor affirms that, should it be awarded the contract pursuant to this solicitation, it shall comply with the following: i. The contractor will make its best reasonable efforts to promote employment opportunities for local Miami-Dade County residents and seek to achieve a project goal of having thirty percent (30%) of all construction labor hours performed by Miami-Dade County residents. ii. The contractor will also make its best reasonable efforts to promote employment opportunities for Miami Beach residents. To verify workers' residency, contractor(s) shall provide the residence address of each worker. Print Name of Affiant Affiant Print Title of Affiant Signature of Name of Firm Date Address of Firm Code State Zip APPENDIX C MIAMI BEACH Resiliency Standards 2023-349-KB REDEVELOPMENT OF THE CITY- OWNED BUILDING LOCATED AT 1262 COLLINS AVENUE (P16) PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3d Floor Miami Beach, Florida 33139 The C ity of M iam i Beach requires all new construction over 7,000 square feet or gro und floor add itio ns to existing structures that encom pass over 10 ,000 square feet of additiona l floo r area to be LE E D G old C ertified or have Li ving Building Challenge certification. All new construction m ust install a sustainable ro of, per the definition detailed in the U rban H eat Island O rdinance (w hite, solar, blue, green, m etal). In addition, open-air parking lots, drivew ays and parking are as open to the sky m ust fo llow the requirem ents, per the O rdinance, in rega rd to poro sity and albedo of m aterials. The O rdinance can be fo und here: http ://www .m brisingabove.com /w p-content/u ploads/O rdinance-2019-4252 . pdf All new developm ent m ust install electric vehicle parking spaces and charging stations required pursua nt to section 13 0-39 and shall m eet the required design standards. The Electric Vehicl e Parking O rdinance can be fo und here: https :/ /w w w . m brisi ngabove .com /w p-content/uploads/2018/07/2016 -3988-O rdina nce. pdf The City's goal is to design, build, and operate a new genera tion of efficient, environm e ntally responsible, healthy and resilient buildings, as w ell as to reduce the C ity's gree nho use gas em issions. The practice of green building can have a significant im pact on reducing ene rgy, w ater, natural resource consum ption, G H G em issions and im pro ve our ci tizens' and visitors' w ell-being thro ugh im pro ved indoor air quality and com fo rt. A resilient building and project site should incorporate the fo llow ing elem ents: • Increase energy efficiency in buildings and reduce greenhouse gas pro duction and em issions; • Encourage w ater and resource conserv ation; • Reduce w aste generated by construction projects; • Reduce em bodied carbon contained in new construction pro jects; • R educe long-term building operating and m aintenance costs; • Im prove indoor air quality and occupant health; • M axim ize the use of green and blue infr astructure to treat, retain, and m anage storm w ater; • U tilize native vegetation and Florida-friendly canopy trees to m axim ize natural infr astructure and biodiversity thro ughout the Site; • C onsider the stresses of cl im ate change, including but not lim ited to extrem e heat, rising gro und w ater, and frequency and severity of storm s w hen designing fo r function and fo rm ; • Utilize the South Florida Clim ate C hange C om pacts U nified Sea Level R ise P ro jection w hen considering elevations of the Site; • C onsider opportunities to pro vide shading and cooling to reduce the effects of extrem e heat on-site and the surrounding sidew alks and R O W ; • U tilize public art and placem aking opportunities to enhance the resiliency of the site; • Placem aking should incorporate business and m arketing opportunities, com m unity aesthetics, cultural identity, and cohesion; and serv e to brand the C ity of M iam i Beach as a resilient City; • Encourage sound urban planning principles; • Encourage social equity. R esiliency design principles should be incorporated into the de sign and construction of C ity-O w ned 26 Lots. These include: • R obust design is w ell-conceived, constructed and m anaged and incl ude s m aking provision to ensure failure is predictable, safe, and not dispro portionate to the cause . Fo r exam ple, pro tective infrastructure that is ro bust w ill not fail catastro phically w hen desig n thresho lds are exceeded. • R edundancy: re fers to spare capacity purposively created to accom m odate disruption due to extrem e pressures, surges in dem and or an extern al event. It includes diversity w he re there are m ultiple w ays to achieve a given need. • Flexibility: refers to the w illingness and ability to adopt altern ative strategies in response to changing circum stances or sudden crises. System s can be m ade m ore flexib le through introducing new technologies or know ledge, including recognizing traditiona l practices. • Integrated: pro cesses bring together system s and institutions and can also catalyze additional benefits as resources are shared and actors are enabled to w ork togethe r to achieve greater ends. The successful Bidder w ill be fam iliar w ith the w ork of the Southeast Florida R egiona l C lim ate C om pact http://ww w .southeastfloridaclim atecom pact.org/ and the R esilient305 Strategy http://resilient305.com /. U rban resilience is the capacity of individuals, com m unities, institutions, businesses, and system s w ithin a city to surv ive, adapt, and gro w no m atter w hat kind s of chronic stresses and acute shocks they experience. Building urban resilience requires looking at a city holistically: understanding the system s that m ake up the C ity and the interdependencies and risks they m ay face. By strengthening the underlying fabric of a city and better understanding the potentia l shocks and stresses it m ay face, a city can im pro ve its developm ent trajectory and the well-being of its citizens. Chronic stresses are slow m oving disasters that w eaken the fabric of a city. T he y include , like overtaxed or ineffi ci ent public transportation system . O n the other hand , acute shocks are sudden, sharp events that threaten a city, like floods or terro rist attacks fo r exam ple. R esilient design is therefo re the intentional design of buildings, landscapes, com m unities, and regions in order to respond to natural and m anm ade disasters and disturbances-as w ell as long- term changes resulting fro m clim ate change-including sea level rise , increased fr eq ue ncy of he at w aves, and dro ught. 27 APPENDIX D M IA M I BEACH P e risc o p e S2 G (Bid S y n c ) In s tru c tio n s 2023-349-KB REDEVELOPMENT OF THE CITY-OWNED BUILDING LOCATED AT 1262 COLLINS AVENUE (P16) PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3d Floor Miami Beach, Florida 33139 28 Part I: Step By Step Guide for Registering with Periscope S2G (formally BidSync) MI A MM[BE ACH Procurement Department Step 1: • Enter City of Miami Beach Website www.miamibeachfl.gov and click "CITY HALL." Step 2: • Scroll the Departments listed and click on the "PROCUREMENT" tile. Step 3: PROCUREMENT • Scroll down and click "How to become a vendor?" under the Top Links section. """"",Prevot»wares. oe too«o mores t to r ere e Deeper t r erey t tr mt e rt t, Li tee a./or note. ht. • 2 le tig er .le to t. tee, ya pf rt eoe to rt o p. ere net i the or tie t h t pile t hey /9 toe, ror rem r root tore tr ego a rots tee}ht be bred too. t. d At pad urea oar ion, to in. tot te er Met to.2.2 pee toe et ief ood tern a hoe- 7be ,gt t mod py b is.u p d to rnee me e • litre , -loot to ta ate o to ct .l e • Nc>xlknls aole.eel. i he_tee .i ere toe • aoego, l o o.o hoe« - ,t oe a - .. TOP LINKS Step 4: • Click on the link located in the "Looking for Bid Opportunities" Section; https://prod._bidsync.com/Niami-Beach HOW TO BECOME A VENDOR? Lookin g tr 8a Opportntes? .nee«et «pe t votoo t hi.hi e »or beg .hta rgk33 lier «rot tteer toe es tat e torte to toe ha et rte a »Le ier hect or +ta o gap no#lite yo t m 4to.to tL t ==EE=» roe tat tat vu ors ta wet gs c ts ow as tLt oas, a at cs r we $ soc tent2u cc"go od e, ope- reg tees wt.et it to in«o bti settees .so »h,pr.uhoteare r ,et too »o, ya9 tr#hgoo. rot t. t ut.. )40 uo l .gr hear»2 is "d e I NEED TO... EE 9tcrrrun«care 2 rte toe, ietour«tr tie. to.or0 Step 5: • Once you enter https://prod.bidsync.com/Miami-Beach, click "Register for Free." BidSync Miami Beach Sign Up For Free Access to Bids Miami each nas pantrere wt/ Bi5rc to rode wen-oaset dig srvc«tot»lr <up rs To do tusine:z wit Miami Beach yau zor tgistor tor ate BiSycEic account fo s are irtested in slg pits from ve 100d0 qr9met aanris across te JS upscnuoe to c ynz r 4zc2u Step 6 : • Fill in the required information and click "Submit." 86Sync Bi.dSyne Get Bi0Sync Basic Bid5Sync asc a Step 7: . ail address. ail to verify em bmit visit your ema EEL Once you su • ies a, A 7#3 ± dji 'uz · S-. BidSync Basic · for ordering Th ank you, Kristy, ""' oma I acdc,'SS to uty yo bad a mumi3oar hf.qov Pea chrk kn"y Step 8: • Click the link to confirm your email address. Please Compete )our id$yr. Reg stration e rrga s et . Bid Sync taerate@4goo efairer+moor@eeat ta ,e pt l t gateau dale il a ho moo«eat Eco a Me tat al o r t ·t a t aoa e t a L Step 9: • Once you click the link, create your password. Set Your Password Please Sele.a sec ure pass r.rd help@ biayr c com Step 10: • Join or Create a company. Get Invited to Bids loin or create a company profile to receive bid imitations "om agenaes. help@bidsyn c.com Step 11: • Once you have joined or created a company you must select a sales territory. , Step 12: • Select three (3) keywords to create a bid list that fits your business and click "next." Enter Keyw ords Keywords are used to create a bid list that fits your business You can edit keywords later after you ig into BidSnc help@bidsync.com r arr qr Sample Bds Step 13: • Select the NIGP Code that match your keywords or search codes that match your company profile. Select NIGP Codes e r r e n. i. p -. .l e . e t e ±GS9SAFES9GERE Ea a $, oybeds ul $ pp+1 ° » . ' . C o n g ra tu la tio n s, y o u r b u s in e ss p ro file is co m p le te ! We've created a list ot bids, just tor you! TAKE ME TO THE BID LIST You can use the additional edit options now or later in the settings to further refine your bid list IN RF AF HID RFI FVANC help@bidsync.com Bid Sync N o tifi catio n s • Registered firms will receive emails from Bidsync with advertised solicitations that meets keywords selected during registration. Mew Sd s! zzz:- rrr .-i BidSync tot ha ge e a otoe loo le Pg#PPM, ±±.=-t o»» 2:2 tporrtrtr top ho tr#ta otaft«a tr¢ en22)9 me f iate BidSync Notifications (Continued) • Firms will also be able to log-in to their BidSync profile and view advertisements that meet the firms preselected keywords; this is automatically generated by BidSync. OR • Firms may also search for solicitations via the BidSync search database. Bia Sync o gr d ¢ 9 . " b : 9 0 a o r " p ,. .. ¥ ., » tr » .. it ±$ 9 \ PART II: STEP BY STEP GUIDE ON HOW TO SUBMIT AN ELECTRONIC BID /V\Eh\/\/\[[[./fl Procurement Department Step 1: If interested in a solicitation click "Add to My Bids." BidSync Links Bi3 2006-014Pr ofessional Coastal Engineering Services for Waterway Oredging tote Pe it pot eet EACH Tiet 2taro fit oat. eta1¢0t it s2006.0ta.Professional Couts! Engineering Serices tor Waterway rwedging ···0 Ste p 2: You will find various tabs for the solicitation on the main page for the solicitation, read through information found in the "Details" tab. BidSync Links Hone My account order s gen ocy it Bid 2006-014.Professional Coastal Engineering Services for Waterway Dredging tot #taut Ea Ht pro urn BEACH nag started tr ot 22201990%¢ tut ta. Munt2 220¢0r£ fudoroot ZEE-± we 23y%+t Sr o fate ct,oar e««a rt irtttrital4.±r 2F± EPES±es roe o supt oats rte,tonsotrarer tout.g. au """4 i n to, npotao ts ry«·"Eg2 ;;Z."2e gg;e»or 1133228 22 %%.- tat ta ache de t th«kig4 Pop«.tu.wort we.mo t e ed ms#fgtairears at t n tog @an¢rut #rot gs tutti«e he nano gt terrs.2:a7tr7er:.7a.2rd.r 2»»atsar gt.nor an.Rt Step 3: Proceed to the "Documents" tab. Bid #2006-014 - Professional Coastal Engineering Services for Waterway Dredging City ot Mam Beach, FL Procureme nt time left: 2days 5hrs Bid started: Jun 08 2020259 50 PM CDT Bia ends: Jun 12 2020 400 00 FM CDT a12/ BEACH Noti fications are OFF 69 'it notfcatans tared oycuwd net be not bed of the toiling ntomaton for ts Eid Addends Qs4 and pre.bid cor tenence$ Line rtems Q&A Vendor ads ianholder's list Bid #2006-014 - Professional Coastal Engineering Services for Waterway Dredging • roa You must view/accept al documents before you can iace an offer on trrs bd Step 4: Next you must view/accept all documents and complete the questionnaire found in the "Documents" tab before you can place an offer. To accept or view a pending document, click on the name of the document, NOT on [download]. Click on download only if you want to save the document to your computer and/or print it out. When working with a document from this section, be sure to save your work at least every 30 minutes to avoid losing any data that you have entered. Bid 2006-014. Professional Coastal Engineering Services for Waterway Dredging Ct ot en h # prourrrt Tre tt 29,1 $%/ Bed ar 'et gs2l0iv 12 22 400 r t BEACH 69 : I:L22¥ [oeas Doro « [Lua as 0A id 2006.014Professional Coastal Engineering Services tor Waterw ay Dredging » 0a$ Toa.t ee »ae on 2tou et owe»nae3rep eat N2fe d ad dog 1orion t,cu»antes@ve"ego tteu optetar1ope±cul w t; tarsi",rr te pat»oat.gee»gut4t ,a,taamt,»tart Bid m200 6-014.Professiona l Coastal Engineering Services for Waterway Dredging 3EACH faeft ltts $n Ht «tar tot., to229i¢0+L dongs 4rz2goop0/Et id 20060tu.Professional Coastal Engineering Services for Waterway Dredging a r. attaaptoar tat »f foe.oar gt et,bgatta,at1.area·et get tot eeogt 3doer otto toe ttoeto,a no tote,y 9mnsteer ad g.ga ,t u t ,u.ta,4oet og - a:22Lz -a8 ## ere Step 5: Once you have completed the documents tab you may proceed to the "Line Items" tab. Bid #2006-014 - Professional Coastal Engineering Services for Waterway Dredging City of Mam Beach, Ft Procurement Time left: 2days 5nrs Bid started: Jun 08 2020359 50 PM EDT 8id ends: Jun12 202050000 PM£DT A//BEACH Download Bid Packe t Od to MAv bids Details Oocum-::-ts --~e it~ O&A Vendor ads PLlnholde.r's list ltems ." """"". """"" "sore SUE!MIT.TA£1 2005014-01-0' Coe'Lerer 1ategt~gag'g Place ofe: t.1 Cover Letter and Table of Contents, The Step 6: In the "Line Items" tab you will find the submittal requirements for the solicitation. You must place and offer for every line item by clicking "place offer." Bid #2006-014 - Professional Coastal Engineering Services for Waterway Dredging City of Miami Be ach, FL Procurement Tue left: 2days 5hrs Bid started: Ju09 2020 35950PM DT d ends: Jun 12 20205 00 00 PM EDT Download Bid Packet Details Documents l tune items 0&A Vendor ad ' plantolder's hist Item s rte Add to My bras Descnpton SU8MI- IE! Core ere 8 1age 2Cg!en:3 ttem Number 2006-01401-01 ' Has Ofter Yes BEACH +u gu_doloace an oner? 1.1Cover Letter and Table of Contents. Tre Step 7: Then click "Upload Attachment" to upload your response(s) to each line item/submittal requirement id #206-014. Pre'eianal Casal Engineering Series for Visterway Dredging Step 8: Upon submission of all line items/submittal requirements you must click "Review response" located at the bottom of line items page. Step 9: Next you must review your response and confirm you have provided responses/attachments where required. Then proceed to the bottom of the page, enter your password, and click "Confirm & Submit Response." ls your information correct? CO NGRATU LA TIONS YOU HAVE SUBM ITT ED YOUR OF FER I Electronic responses to solicitations are to be submitted through BidSync until the date and time as indicated in the document. It is the sole responsibility of the Proposer to ensure its proposal reaches BidSync before the Solicitation closing date and time. There is no cost to the Proposer to submit a proposal in response to a City of Miami Beach solicitation via BidSync. Electronic proposal submissions may require the uploading of electronic attachments. The submission of attachments containing embedded documents or proprietary file extensions is prohibited. All documents should be attached as separate files (proposal format indicated below). All proposals received and time stamped through BidSync, prior to the proposal submittal deadline shall be accepted as timely submitted. Proposals will be opened promptly at the time and date specified. Hard copy proposals or proposals received electronically, either through email or facsimile, submitted prior to or after the deadline for receipt of proposals are not acceptable and will be rejected. Late bids cannot be submitted, bidders are cautioned to plan sufficiently. The City will in no way be responsible for delays caused by technical difficulty or caused by any other occurrence. APPENDIX E M IA M BEACH Proposal Certification Questionnaire and Requirements Affidavit This document is a REQUIRED FORM that must be submitted full com leted and submitted. 2023-349-KB REDEVELOPMENT OF THE CITY-OWNED BUILDING LOCATED AT 1262 COLLINS AVENUE (P 16) PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3d Floor Miami Beach, Florida 33139 B ID S U B M IT TA L Q U E S T IO N N A IR E S E C T IO N 1 - B ID C E R T IF IC A T IO N FO R M This document is a REQUIRED FORM that must be submitted fully completed and submitted. Solicitation No: 2023-349-KB Solicitation Title: REDEVELOPMENT OF THE CITY-OWNED BUILDING LOCATED AT 1940 PARK AVENUE (THE BARCLAY) BIDDER'S NAME: NO. OF YEARS IN BUSINESS: I NO. OF YEARS IN BUSINESS I NO. OF EMPLOYEES: LOCALLY: OTHER NAME(S) BIDDER HAS OPERATED UNDER IN THE LAST 10 YEARS BIDDER PRIMARY ADDRESS (HEADQUARTERS): CITY: STATE: I ZIP CODE: TELEPHONE NO.: TOLL FREE NO.: FAX NO.: BIDDER LOCAL ADDRESS: CITY: STATE: I ZIP CODE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE NO. ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: FEDERAL TAX IDENTIFICATION NO.: By virtue of submitting a bid, bidder agrees: a) to complete and unconditional acceptance of the terms and conditions of this document and the solicitation, including all addendums specifications, attachments, exhibits, appendices and any other document referenced in the solicitation c) that the bidder has not divulged, discussed, or compared the proposal with other bidders and has not colluded with any other bidder or party to any other bid; d) that bidder acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; e) if bid is accepted, to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the bidder and the City of Miami Beach, Florida, for the performance of all requirements to which the bid pertains; and f) that all responses, data and information contained in the bid submittal are true and accurate. The individual named below affirms that s/he: is a principal of the applicant duly authorized to execute this questionnaire, and that the contents of said document(s) are complete, true, and correct to the best of his/her knowledge and belief. Name and Title of Bidder's Authorized Representative: Signature of Bidder's Authorized Representative: S E C T IO N 2 - A C K N O W LE D G E M E N T O F A D D E N D U M After issuance of solicitation, the City may release one or more addendum to the solicitation, which may provide additional information to bidders or alter solicitation requirements. The City will strive to reach every bidder having received solicitation through the City's e-procurement system. However, bidders are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section certifies that the bidder 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. Enter Initial Enter Initial Enter Initial to to Confirm to Confirm 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. SECTION 3 - CONFLICT OF INTEREST All bidders 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. Further, all bidders must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the bidder entity or any of its affiliates. 2 3 4 5 6 SECTION 4 - FINANCIAL CAPACITY At time of request by the City. bidder shall request that Dun & Bradstreet submit its Supplier Qualifier Report directly to the City, with bid or within three (3) days of request. Bidder shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report (SQR) directly to the City. No proposal will be considered without receipt (when requested), by the City, of the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the bidder. The bidder shall request the SQR report from D&B at: https://supplierportal.dnb.com/webapp/wcs/stores/serv let/SupplierPortal?storeld =11696 Bidders are responsible for the accuracy of the info rmation contained in its SQR. It is highly recommended that each bidder review the info rmation contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process. For assistance with any portion of the SQR submittal process, contact Dun & Bradstreet at 800-424-2495. S E C T IO N 5 - R E FE R E N C E S A N D P A S T P E R FO R M A N C E Project No. 2023-349-KB Project Title REDEVELOPMENT OF THE CITY-OWNED BUILDING LOCATED AT 1940 PARK AVENUE (THE BARCLAY) Bidder shall submit at least three (3) references for whom the bidder has completed work similar in size and nature as the work referenced in solicitation. Bidder may submit additional references as part of its bids submittal. Reference No.1 rr7 []9/mt I Contact Individual Name and Title; I Address: ~------------------------~ Telephone: ~-----------------------~ Contact's Email: Narrative on Scope of Services Provided, Project Budget, and Project Dates: Reference No.2 }- 1ftp [q[T L I Contact Individual Name and Title: I Address: ~------------------------~ Telephone: ~-----------------------~ Contact's Email: Narrative on Scope of Services Provided, Project Budget, and Project Dates: R e fe re n c e N o .3 } 1ftp7 []3[I Contact Individual Name and Title:. Address: ~----------------------~ Telephone: ~----------------------~ Contact's Email: Narrative on Scope of Services Provided, Project Budget, and Project Dates: SECTION 6 - SUSPENSION, DEBARMENT, OR CONTRACT CANCELLATION Has bidder ever been debarred, suspended or other legal violation, or had a contract cancelled due to non-performance by anl publlic sector agency? L ]Yes No If answer to above is "YES," bidder shall submit a statement detailing the reasons that led to action(s): SECTION 7 - SMALL AND DISADVANTAGED BUSINESS CERTIFICATION Pursuant to Resolution 2020-31519, the City is tracking the Small and Disadvantaged Businesses, as certified by Miami-Dade County that have been certified as Small or Disadvantaged Business by Miami-Dade County. Does bidder possess Small or Disadvantaged Business certification by Miami-Dade County? • J Yes L Io SECTION 8 - LGBT BUSINESS ENTERPRISE CERTIFICATION Pursuant to Resolution 2020-31342, the City is tracking the utilization of LGBT owned firms that have been certified as an LGBT Business Enterprise by the National Gay and Lesbian Chamber of Commerce (NGLCC). Does bidder possess LGBT Business Enterprise Certification by the NGLCC? LJYs Jo S E C T IO N 9 - B Y R D A N T I-LO B B Y IN G A M E N D M E N T C E R T IF IC A T IO N F O R M APPENDIX A, 44 C.F.R. PART 18- CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned Contractor certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, US.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The undersigned Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. By virtue of submitting bid, bidder certifies or affirms its compliance with the Byrd Anti-Lobbying Amendment Certification. Name and Title of Bidder's Authorized Representative: Signature of Bidder 's Authorized Representative: S E C T IO N 10 - S U S P E N S IO N A N D D E B A R M E N T C E R T IF IC A T IO N The Contractor acknowledges that: (1) This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the Contractor, its principals (defined at 2 C. F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the City. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions." By virtue of submitting bid, bidder certifies or affirms its compliance with the Suspension and Debarment Certification. Name and Title of Bidder's Authorized Representative: Signature of Bidder 's Authorized Representative: SECTION 11-CONE OF SILENCE Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised and until an award recommendation has been forwarded to the City Commission by the City Manager are under the "Cone of Silence." The Cone of Silence ordinance is available at https://library.municode.com/fl/miami beach/codes/code of ordinances?nodeld=SPAGEOR CH2AD ARTVIISTCO DIV4PR S2-486C0SI Any communication or inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception communications with the Procurement Director, or his/her administrative staff responsible for administering the procurement process for this solicitation providing said communication is limited to matters of process or procedure regarding the solicitation. 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@miamibeachfl.gov . By virtue of submitting bid, bidder certifies that it is in compliance with the Cone of Silence Ordinance, pursuant to Section 2-486 of the City Code. SECTION 12- CODE OF BUSINESS ETHICS P u r s u a n t to C ity R e s o lu tio n N o .2 0 0 0 -2 3 7 8 9 , th e B id d e r s h a ll a d o p t a C o d e o f B u s in e s s E th ic s p r io r to e x e c u tin g a c o n tr a c t w ith th e C ity . T h e C o d e o f B u s in e s s E th ic s s h a ll b e s u b m itt e d to th e P r o c u r e m e n t D e p a rt m e n t w ith its re s p o n s e o r w ith in th re e (3 ) d a y s o f re q u e s t b y th e C ity . T h e C o d e s h a ll, a t a m in im u m , re q u ir e th e B id d e r, to c o m p ly w ith a ll a p p lic a b le g o v e rn m e n ta l ru le s a n d re g u la t io n s in c lu d in g , a m o n g o th e rs , th e c o n flic t o f in te re s t, lo b b y in g a n d e th ic s p ro v is io n o f th e C ity C o d e . In lie u o f s u b m ittin g C o d e o f B u s in e s s E th ic s , b id d e r m a y in d ic a te th a t it w ill a d o p t, a s re q u ir e d in th e o r d in a n c e , th e C ity o f M ia m i B e a c h C o d e o f E th ic s , a v a ila b le a t h tt p://yyy _m iam ibe a ch fl _g o v /c ity -h al l/p r o c ur em en t/p r o c u re m en t-rel a te d -or di n a n c e -an d - p ro c e d u r e s / B id d e r w ill s u b m it fi r m 's C o d e o f B u s in e s s E th ic s w ith in th re e (3 ) d a y s o f re q u e s t b y th e C ity ? I ls Jo Bidder adopts the City of Miami Beach Code of Business Ethics? 7 YEs J o SECTION 13- LOBBYIST REGISTRATION & CAMPAIGN CONTRIBUTION REQUIREMENTS This solicitation is subject to, and all bidders are expected to be or become familiar with, all City lobbyist laws, including lobbyist registration requirements and prohibition on campaign contributions, including: • Lobbyist Registration Requirements sections 2-397 through 2-485.3 of City Code (https://library.municode.com/fl/miami beach/codes/code of ordinances?nodeld=SPAG EOR CH2AD ARTVIISTCO DIV3LO) • Campaign Contribution Requirements sections 2-487 and 2-488 of City Code (https://library.municode.com/fl/miami beach/codes/code of ordinances?nodeld=SPAG EOR CH2AD ARTVIISTCO DIV5CAFIRE) By virtue of submitting bid, bidder certifies or affirms that they have read and understand the above Lobbyist Registration & Campaign Contribution Requirements. SECTION 14- NON-DISCRIMINATION The Non-Discrimination ordinance is available at: https://library.municode.com/fl/miami beach/codes/code of ordinances?nodeld=SPAGEOR C H2AD ARTVIPR DIV3COPR S2-375NSCCOREWA By virtue of submitting bid, bidder agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code. SECTION 15-FAIR CHANCE REQUIREMENT The Fair Chance Ordinance No. 2016-4012 is available at: https://library.municode.com/fl/miami beach/codes/code of ordinances?nodeld=SPAGEOR C H62HURE ARTVFACHOR By virtue of submitting bid, bidder certifies that it has adopted policies, practices and standards consistent with the City's Fair Chance Ordinance. Bidder agrees to provide the City with supporting documentation evidencing its compliance upon request. Bidder 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 available at law and in equity. SECTION 16 - PUBLIC ENTITY CRIMES Please refer to Section 287.133(2)(a), -Florida Statutes, available at: https://www.flsenate.gov/Laws/Statutes/2012/287 .133 By virtue of submitting bid, bidder agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list. SECTION 17-VETERAN BUSINESS ENTERPRISES PREFERENCE Pursuant to City of Miami Beach Ordinance No. 2011- 3748, https://library.municode.com/fl/miami beach/codes/code of ordinances?nodeld=SPAGE OR CH2AD ARTVIPR DIV3COPR S2-374PRPRPRVECOGOCOSE the City shall give a preference to a responsive and responsible bidder 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 within five percent (5%) of the lowest and best bidder, by providing such bidder an opportunity of providing said goods or contractual services for the lowest responsive bid amount. Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more bidders which are a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise constitute the lowest bid pursuant to an 1TB, RFP, RFQ, ITN or oral or written request for quotation, and such bids 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. Is the bidder a service-disabled veteran business enterprise certified by the State of Florida? IJEs I Io Is the bidder a service-disabled veteran business enterprise certified by the United States Federal Government? L Jes Jo SECTION 18 - 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 bids, 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. Does bidder provide or offer access to any benefits to employees with spouses or to spouses of employees? [I ts L o Does bidder provide or offer access to any benefits to employees with (same or opposite sex) domestic partners or to domestic partners of employees? L_I vs Jo 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. Bidder Provides for Bidder Provides for Bidder does not BENEFIT Employees with Employees with Provide Benefit Spouses Domestic Partners Health Sick Leave Family Medical Leave Bereavement Leave If Bidders 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 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 http://www.miamibeachfl.gov/city-hall/procuremenUprocurement- related-ordinance-and-procedures/ SECTION 19-MORATORIUM ON TRAVEL TO AND THE PURCHASE OF GOODS OR SERVICES FROM MISSISSIPPI Pursuant to Resolution 2016-29375, the City of Miami Beach, Florida prohibits the purchase of goods or services sourced in Mississippi. Are any of the products for which the applicant is seeking to be prequalified sourced in Mississippi? L Ives L Jo If rs, exelain APPENDIX F M IAMI BEACH BOUNDARY SURVEY 2023-349-KB REDEVELOPMENT OF THE CITY-OWNED BUILDING LOCATED AT 1262 COLLINS A VENUE (P 16) PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3a Floor Miami Beach, Florida 33139