miami-dade 0008_RFP_Document_rev_6.24.25.pdf

PRE-PROPOSAL CONFERENCE TO BE HELD ON:

(See Section 1.1 for details)

ISSUED BY MIAMI-DADE COUNTY:

Strategic Procurement Department for The Department of Transportation and Public Works

MIAMI-DADE COUNTY CONTACT FOR THIS SOLICITATION:

Brian Webster, Negotiator 111 NW 1st Street, Suite 1300, Miami, Florida 33128

E-mail: brian.webster@miamidade.gov

PROPOSAL DUE:

On the date and at the time specified in INFORMS. Check INFORMS for potential updates.

IT IS THE POLICY OF MIAMI-DADE COUNTY (COUNTY) THAT ALL ELECTED AND APPOINTED COUNTY OFFICIALS AND COUNTY EMPLOYEES SHALL ADHERE TO THE PUBLIC SERVICE HONOR CODE (HONOR CODE). THE HONOR CODE

CONSISTS OF MINIMUM STANDARDS REGARDING THE RESPONSIBILITIES OF ALL PUBLIC SERVANTS IN THE COUNTY.

VIOLATION OF ANY OF THE MANDATORY STANDARDS MAY RESULT IN ENFORCEMENT ACTION.

(SEE IMPLEMENTING ORDER 7-7)

REQUEST FOR PROPOSAL (RFP)

EVENT NO. RFP0000008

EVENT TITLE: JOINT DEVELOPMENT AT THE SW 296TH STREET TRANSITWAY STATION

Electronic Proposal responses to this RFP are to be submitted through a secure mailbox at Integrated Financial Resources Management System (INFORMS) until the date and time as indicated in this document. It is the sole responsibility of the Proposer to ensure its Proposal reaches INFORMS before the Solicitation closing date and time. There is no cost to the Proposer to submit a Proposal in response to a Miami-Dade County Solicitation via INFORMS. 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. Proposers must allow sufficient time to complete online forms and upload all Proposal documents. All information and documents must be fully entered, uploaded, acknowledged (“Confirm”) and recorded into INFORMS before the date and time of the INFORMS Solicitation End Date, or the system will stop the process and the submission will be considered late and will not be accepted. No part of a Proposal can be submitted via hardcopy, email, or fax. All expenses involved with the preparation and submission of Proposals to the County, or any work performed in connection therewith, shall be borne by the Proposer(s).

A Proposer may submit a modified Proposal to replace all or any portion of a previously submitted Proposal up until the Proposal due date. The County will only consider the latest version of the Proposal.

Requests for additional information or inquiries must be made in writing and submitted using the question/answer feature provided by INFORMS at https://supplier.miamidade.gov. The County will issue responses to inquiries and any changes to this Solicitation it deems necessary via written addenda issued prior to the Proposal due date and time (see Mandatory Online Forms and Addendum Acknowledgement Section of INFORMS site). Proposers who obtain copies of this Solicitation from sources other than through INFORMS risk the possibility of not receiving addenda and are solely responsible for those risks.

If you submit your proposal and subsequently an Addendum is issued, failure to resubmit the proposal by clicking on the “Submit Proposal” button, after acknowledging Addenda or making any edits to your proposal in INFORMS, will result in your proposal not being received by the County.

Miami-Dade County, FL RFP No. RFP0000008

Rev.6-24-26

Table of Contents

1.0 PROJECT OVERVIEW AND GENERAL TERMS AND CONDITIONS

1.1 Introduction

1.2 Definitions

1.3 General Proposal Information

1.4 Cone of Silence

1.5 Communication with Competitive Selection Committee Members

1.6 Public Entity Crimes

1.7 Lobbyist Contingency Fees

1.8 Collusion

1.9 Contracting with Entities of Foreign Countries of Concern Prohibited

1.10 Kidnapping, Custody Offenses, Human Trafficking and Related Offenses Affidavit

1.11 Compliance with Local, State and Federal Requirements

1.12 Compliance with FTA and FDOT Requirements

1.13 Art in Public Places Requirement

1.14 Insurance Requirements

1.15 Site Visits and Inspections

1.16 Guidelines and Procedures for the Sale, Lease, and Conveyance of County Real Property

2.1 Background

2.2 Qualifications

2.4 Deliverables/Objectives

2.5 Reporting

2.6 Property Information

2.7 Site Visits and Inspections

3.1 Submittal Requirements

4.1 Review of Proposals for Responsiveness

4.2 Evaluation Criteria

4.3 Oral Presentations

4.4 Financial Evaluation

4.5 Negotiations

4.6 Contract Award

4.7 Written Objections to Selection Committee Ranking/Scoring and Rights of Protest

5.1 Project Plan/Development Approach

5.2 Proposer’s Experience and Past Performance

5.3 Key Personnel and Project Team Experience

5.4 Market/Financial Viability

5.5 Project Schedule

5.6 Financial Strength and Capacity

5.7 Sustainable Building Design

5.8 Quantifiable Benefits to the Community

5.9 Other Quantifiable Benefits to the County

5.10 Financial Contribution to the South Dade Trail Project

5.11 Assumptions

5.12 Exceptions

7.1 Fillable Web Forms (INFORMS)

7.2 Attachments to the RFP

7.3 Exhibits to the RFP

1.1 Introduction

A. Miami-Dade County, hereinafter referred to as the “County”, as represented by the Miami-Dade Department of Transportation and

Public Works (DTPW) and the Miami-Dade Department of Housing and Community Development (HCD), is soliciting proposals from experienced developers with a proven track record of successfully completing profitable, large-scale, residential or mixed-use developments for the joint development of County-owned property adjacent to the SW 296 St. TransitWay Station (Development Site).

Subject to the approval of the Federal Transit Administration (FTA), the Florida Department of Transportation (FDOT) and the Miami-Dade County Board of County Commissioners (the Board), the County anticipates awarding a Development Agreement for the right and obligation to develop the property described above. Upon the Developer meeting all of the requirements to begin construction, a long-term ground lease(s) will be entered into with a total maximum term of 99 years and having periodic renewal terms, the length of which will be based upon the scope of the development proposed and will be established during the negotiation process.

B. The anticipated schedule for this Solicitation is as follows:

Pre-Proposal Conference: July 15, 2026 at 10:00am via Zoom, please use the link below to join the webinar from PC, Mac, iPad, or Android:

https://miamidade.zoom.us/j/82115881068 Webinar ID: 821 1588 1068

Phone one-tap:

+17866351003,,82115881068# US (Miami) Join via audio:

+1 786 635 1003 US (Miami) International numbers available: https://miamidade.zoom.us/u/kdv6Rb60X9 Join from an H.323/SIP room system:

H.323:

144.195.19.161 (US West)

206.247.11.121 (US East) Meeting ID: 821 1588 1068 SIP: 82115881068@zoomcrc.com

Attendance is recommended but not mandatory.

Should you need an ADA accommodation to participate in Pre-Proposal Conference (i.e., materials in alternate format, sign language interpreter, etc.), please contact the People and Internal Operations Department’s ADA Office five days prior to scheduled conference to initiate your request. The ADA Office may be reached by phone at (305) 375-3088 or via email at:

Mariela.Massarotti@miamidade.gov TTY users may reach the ADA Office by calling the Florida Relay Service at 711.

Deadline for Receipt of Questions: See INFORMS for the scheduled date and time Proposal Due Date: See INFORMS for the scheduled date and time Evaluation Process: 3rd Quarter 2026 Projected Award Date: 4th Quarter 2027

1.2 Definitions

The following words and expressions used in this Solicitation shall be construed as follows, except when it is clear from the context that another meaning is intended:

1. The term “Average Median Income” or “AMI” to mean the midpoint of the Miami area’s income distribution as calculated by the

U.S. Department of Housing and Urban Development on an annual basis.

1.0 PROJECT OVERVIEW AND GENERAL TERMS AND CONDITIONS

2. The words “Board” or “Board of County Commissioners” to mean the Miami-Dade County Board of County Commissioners.

3. The word “Closing” to mean the execution and delivery of a Lease for the Project, or Phase of the Project, if applicable, in accordance with the provisions of the Development Agreement, at which time a Lease shall become effective and the Developer shall take possession of the Development Site or the applicable portion of a Development Site (Phase).

4. The word “County” to mean Miami-Dade County, a political subdivision of the State of Florida.

5. The word “Developer” to mean the entity selected by the County for award of a Development Agreement

6. The term “Development Agreement” to mean the agreement between the Developer and the County resulting from this

Solicitation which contains the general terms, conditions, obligations and phasing, if applicable, under which the Development Site is to be developed.

7. The term “Development Site” or “Site” to mean the approximately 5.6 acres of real property, which includes the Optional Development Site (if applicable), located immediately adjacent to the SW 296 Street TransitWay Station, comprises of four folios, as described in Exhibit 1, being offered for development by this Solicitation.

8. The term “Law and Ordinance” or “Laws or Ordinances” to mean all present and future applicable laws, ordinances, rules, regulations, building and zoning codes, authorizations, orders and requirements of all federal, state, county and municipal governments, the departments, bureaus or commissions thereof, authorities, boards or officers, any national or local board of fire underwriters, or any other body or bodies exercising similar functions having or acquiring jurisdiction over all or any part of the Development Site.

9. The word “Lease(s)” to mean the agreement(s) under which the County-owned property will be leased to the Developer for development under a ground lease(s) which becomes effective upon the Developer meeting the obligations and obtaining the required approvals to begin construction, in accordance with the Development Agreement resulting from this Solicitation.

10. The words “Low-income” shall mean households with an income of 80% or less of the Area Median Income as established by the U.S. Department of Housing and Urban Development.

11. The word “must”, whether capitalized or in lower case, when used in this Solicitation is intended to always convey a mandate and/or a requirement.

12. The words “must not”, whether capitalized or in lower case letters, when used in this Solicitation are intended to always convey a prohibition and/or something that is not allowable.

13. The term “Optional Development Site” to mean the two parcels to the North of SW 296th Street containing approximately 2.21 acres (folio’s 30-7905-000-0321 and 30-7905-000-0321) where the existing surface parking lot is located is optional to be redeveloped (Optional Development Site).

14. The term “Phase” or “Phased Development” to mean the division of the Project into separate and distinct portions under separate Leases for purposes of development, financing, construction, operation and ownership of improvements.

15. The word “Project” to mean the overall development of the Development Site, including all Phases if applicable, as contemplated by the response of the Developer to this Solicitation as may be amended or modified through negotiations and/or in accordance with the provisions of the resulting Development Agreement.

16. The word “Proposal” to mean the properly signed and completed written good faith commitment submitted by the Proposer in response to this Solicitation as amended or modified through negotiations.

17. The word “Proposer” to mean the person, firm, entity, organization, joint venture or consortium submitting a proposal in response to this Solicitation, as stated on the Proposal Submittal Form.

18. The term “Rental Regulatory Agreement”, shall mean the agreement between Developer and HCD containing the terms and conditions under which the low-income and workforce portions of the development resulting from this Solicitation shall be managed and leased. The Rental Regulatory Agreement must be in effect and cause the low-income and workforce portions of the development, as applicable, to be restricted as such for the entire term of the Lease.

19. The term “Scope of Services” to mean Section 2.0 of this Solicitation, which details the work to be performed by the Developer.

20. The word “shall”, whether capitalized or in lower case, when used in this Solicitation is intended to always convey a mandate and/or a requirement.

21. The words “shall not”, whether capitalized or in lower case, when used in this Solicitation are intended to always convey a prohibition and/or something that is not allowable.

22. The word “Solicitation” to mean this Request for Proposals (RFP) document, and all associated addenda, attachments, and exhibits.

23. The word “Subcontractor” to mean any person, firm, entity or organization, other than the employees of the Developer, who contracts with the Developer to furnish services, labor, and/or materials, in connection with the Services to the County, whether directly or indirectly, on behalf of the Developer.

24. The word “System” shall mean the Miami-Dade County Transit System including, without limitation, all trains, buses, fixed guideways, stations, parking lots and parking structures, drop off/pickup areas, bus stops and shelters, bus bays, streets and sidewalks, maintenance facilities, structures and all associated facilities required in the operation of the System.

25. The words “Transit Oriented Development” or “TOD” shall mean development designed around rapid transit stations which integrate economic development and urban design principles with regional mobility via rapid transit.

26. The words “Work”, “Services”, “Program”, or “Project” to mean all matters and things that will be required to be done by the

Developer in accordance with the Scope of Services, and the terms and conditions of this Solicitation.

27. The word “Workforce” shall mean households with an income of up to 120% of the Area Median Income as established by the

U.S. Department of Housing and Urban Development.

1.3 General Proposal Information

A. Pursuant to Florida Statutes Section 287.05701, Proposers are hereby notified that the County will not request documentation of, or consider, the social, ideological or political interests of a Proposer when determining if a Proposer is a responsible vendor nor will the County give preference to a Proposer based on the Proposer’s social, ideological or political interests.

B. The County may, at its sole and absolute discretion, reject any and all or parts of any or all Proposals; accept parts of any and all Proposals; further negotiate project elements including but not limited to project fees, revenues or pricing; postpone or cancel at any time this Solicitation process; or waive any irregularities in this Solicitation or in the Proposals received as a result of this process. In the event that a Proposer wishes to take an exception to any of the terms of this Solicitation, the Proposer shall clearly indicate the exception in its Proposal. The County shall treat the Proposer's inclusion of exceptions, assumptions or alternate terms in the Proposal as requests to negotiate project elements, and the inclusion of same shall not result in the Proposal being deemed non-responsive. The County is not bound to accept any exceptions, assumptions or alternates during negotiations, and the County shall consider a Proposal submitted to be an offer to supply goods or services in strict compliance with the terms of this Solicitation.

Exceptions, assumptions or alternates may be considered by the County during negotiations to the extent such exceptions, assumptions or alternates do not materially change any provision of the Solicitation. The County reserves the right to request and evaluate additional information from any Proposer regarding Proposer’s responsibility after the submission deadline as the County deems necessary.

C. The Proposer’s Proposal will be considered a good faith commitment by the Proposer to negotiate a contract with the County, in substantially similar terms to the Proposal offered and, if successful in the process set forth in this Solicitation and subject to its conditions, to enter into a Contract substantially in the terms herein. Proposer’s Proposal shall be irrevocable until Contract award unless the Proposal is withdrawn. A Proposal may be withdrawn in writing only, addressed to the County contact person for this Solicitation, prior to the Proposal due date and time, or upon the expiration of fourteen (14) months after the opening of Proposals.

D. As further detailed in the Submittal Form, Proposers are hereby notified that all information submitted as part of, or in support of Proposals will be available for public inspection after opening of Proposals, in compliance with Chapter 119, Florida Statutes, (the "Public Record Law”)

E. Any Proposer who, at the time of Proposal submission, is involved in an ongoing bankruptcy as a debtor, or in a reorganization, liquidation, or dissolution proceeding, or if a trustee or receiver has been appointed over all or a substantial portion of the property of the Proposer under federal bankruptcy law or any state insolvency law, may be found non-responsible.

F. To request a copy of any code section, resolution and/or administrative/implementing order cited in this Solicitation, contact the

Clerk of the Board at (305) 375-5126, Monday- Friday, 8:00 a.m. – 4:30 p.m.

1.4 Cone of Silence

Pursuant to Section 2-11.1(t) of the Code of Miami-Dade County, as amended (the “Code”), a “Cone of Silence” is imposed upon each RFP or RFQ after advertisement and terminates at the time a written recommendation is issued. The Cone of Silence prohibits any communication regarding RFPs or RFQs between, among others:

potential Proposers, service providers, lobbyists or consultants and the County’s professional staff including, but not limited to, the County Mayor and the County Mayor’s staff, County Commissioners or their respective staffs;

the County Commissioners or their respective staffs and any member of the County’s professional staff, other than any professional staff member who is designated by the County Mayor to engage in such communications; or potential Proposers, service providers, lobbyists or consultants, any member of the County’s professional staff, the Mayor, County Commissioners or their respective staffs and any member of the respective Competitive Selection Committee.

The provisions do not apply to, among other communications:

oral communications with the staff of the Vendor Outreach and Support Services Section, the responsible Procurement Contracting Officer (designated as the County’s contact on the face of the Solicitation), provided the communication is limited strictly to matters of process or procedure already contained in the Solicitation document;

oral communications at pre-Proposal conferences and oral presentations before Competitive Selection Committees during any duly noticed public meeting, public presentations made to the Board of County Commissioners (the “Board”) during any duly noticed public meeting;

recorded contract negotiations and contract negotiation strategy sessions; or communications in writing at any time with any County employee, official or member of the Board of County Commissioners unless specifically prohibited by the applicable RFP or RFQ documents.

When the Cone of Silence is in effect, all potential vendors, service providers, bidders, lobbyists and consultants shall file a copy of any written correspondence concerning the particular RFP or RFQ with the Clerk of the Board, which shall be made available to any person upon request. The County shall respond in writing (if County deems a response is necessary) and file a copy with the Clerk of the Board, which shall be made available to any person upon request. Written communications may be in the form of e-mail, with a copy to the Clerk of the Board at clerkbcc@miamidade.gov.

All requirements of the Cone of Silence policies are applicable to this Solicitation and must be adhered to. Any and all written communications regarding the Solicitation are to be submitted only to the Procurement Contracting Officer with a copy to the Clerk of the Board. The Proposer shall file a copy of any written communication with the Clerk of the Board. The Clerk of the Board shall make copies available to any person upon request.

1.5 Communication with Competitive Selection Committee Members Proposers are hereby notified that direct communication regarding this Solicitation, written or otherwise, to individual Competitive Selection Committee Members or, to the Competitive Selection Committee as a whole, are expressly prohibited. Any oral communications with Competitive Selection Committee Members other than as provided in Section 2-11.1 of the Code, are prohibited.

1.6 Public Entity Crimes

Pursuant to Paragraph 2(a) of Section 287.133 of the Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Proposal for a contract to provide any goods or services to a public entity; may not submit a Proposal on a contract with a public entity for the construction or repair of a public building or public work; may not submit Proposals on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and, may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes for Category Two for a period of thirty-six (36) months from the date of being placed on the convicted vendor list.

1.7 Lobbyist Contingency Fees

A. In accordance with Section 2-11.1(s) of the Code, after May 16, 2003, no person may, in whole or in part, pay, give or agree to pay or give a contingency fee to another person. No person may, in whole or in part, receive or agree to receive a contingency fee.

B. A contingency fee is a fee, bonus, commission or non-monetary benefit as compensation which is dependent on or in any way contingent upon the passage, defeat, or modification of: 1) any ordinance, resolution, action or decision of the County Commission;

2) any action, decision or recommendation of the County Mayor or any County board or committee; or 3) any action, decision or recommendation of any County personnel during the time period of the entire decision-making process regarding such action, decision or recommendation which foreseeably will be heard or reviewed by the County Commission or a County board or committee.

1.8 Collusion

In accordance with Section 2-8.1.1 of the Code, where two (2) or more related parties, as defined herein, each submit a Proposal for any contract, such Proposals shall be presumed to be collusive. The foregoing presumption may be rebutted by the presentation of evidence as to the extent of ownership, control and management of such related parties in preparation and submittal of such Proposals.

Related parties shall mean Proposer, the principals, corporate officers, and managers of the Proposer; or the spouse, domestic partner, parents, stepparents, siblings, children or stepchildren of a Proposer or the principals, corporate officers and managers thereof which have a direct or indirect ownership interest in another Proposer for the same contract or in which a parent company or the principals thereof of one Proposer have a direct or indirect ownership in another Proposer for the same contract. Proposals found to be collusive shall be rejected. Proposers who have been found to have engaged in collusion may be considered non-responsible, and may be suspended or debarred, and any contract resulting from collusive bidding may be terminated for default.

1.9 Contracting with Entities of Foreign Countries of Concern Prohibited A. By submitting a proposal or otherwise entering into, a contract under this Solicitation, the Proposer affirms that it is not in violation of Section 287.138, Florida Statutes (F.S.) titled Contracting with Entities of Foreign Countries of Concern Prohibited. Proposer further affirms that it is not giving a government of a foreign country of concern, as listed in Section 287.138, F.S., access to an individual’s personal identifying information if: a) the Proposer is owned by a government of a foreign country of concern; b) the government of a foreign country of concern has a controlling interest in the Proposer; or c) the Proposer is organized under the laws of or has its principal place of business in a foreign country of concern as is set forth in Paragraphs 2(a)–(c) of Section 287.138, F.S.

B. This affirmation by the Proposer shall be in the form attached to this Solicitation as Contracting with Entities of Foreign Countries of Concern Prohibited Affidavit.

1.10 Kidnapping, Custody Offenses, Human Trafficking and Related Offenses Affidavit By entering into, amending, or renewing a contract under this Solicitation, the Proposer affirms that it does not use coercion for labor or services and complies with the provisions of Section 787.06, Florida Statutes (“F.S.”), “Human Trafficking. This attestation by the Proposer shall be in the form attached to this Solicitation as the Kidnapping, Custody Offenses, Human Trafficking and Related Offenses Affidavit.

1.11 Compliance with Local, State and Federal Requirements

During the performance of the Lease Agreement resulting from this Solicitation, the Proposer agrees to comply with all applicable local, state and federal requirement including, but not limited to the following:

A. Non Discrimination - Proposer shall not discriminate against any employee or applicant for employment in accordance with Articles

19.1(A) of the Draft Development Agreement and 22.1(A) of the Draft Lease Agreement.

B. American with Disabilities Act of 1990 (and Related Acts) and Miami-Dade County Resolution No. R-385-95 - Proposer shall not be in violation of the Americans with Disabilities Act of 1990 (and related Acts) or Miami-Dade County Resolution No. R-385-95. If the Proposer or any owner, subsidiary or other firm affiliated with or related to the Proposer is found by the responsible enforcement agency or the County to be in violation of the Act or the Resolution, such violation shall render any Lease resulting from this Solicitation void. The Lease Agreement resulting from this Solicitation shall be void if the Proposer submits a false affidavit pursuant to this Resolution or the Proposer violates the Act or the Resolution during the term of any Lease Agreement resulting from this Solicitation, even if the Proposer was not in violation at the time it submitted its affidavit.

C. State Requirements - Proposer shall comply with all requirements of Florida Statutes, Section 255.05, including Sections 255.05(1)(a) and (c), 255.05(3), and 255.05(6).

D. Federal Requirements - Proposer agrees to comply with the following:

1. Requirements found in 49 CFR Part 26.7 regarding nondiscrimination based on race, color, national origin or sex;

2. Requirements found in 49 CFR Parts 27.7, 27.9(b) and 37 regarding non-discrimination based on disability and complying with the Americans with Disabilities Act with regard to any improvements constructed;

3. The Federal Transit Administration Master Agreement, updated annually, particularly relating to conflicts of interests and debarment.

1.12 Compliance with FTA and FDOT Requirements

This Solicitation is for the joint development of property that may have been purchased, in part, with funds provided by the Federal Transit Administration (FTA) and the Florida Department of Transportation (FDOT). Accordingly, all agreements resulting from this Solicitation must comply with all FTA requirements for joint development, if applicable. (Information related to FTA regulations regarding joint development can be found at https://www.transit.dot.gov/jointdevelopment.) Additionally, award of any agreement subsequent to this RFP will be subject to approval from the FTA and Florida Department of Transportation (FDOT), if applicable. Such approvals, if applicable, are required prior to submission for consideration by the Board of County Commissioners.

1.13 Art in Public Places Requirement

This project is subject to the Miami-Dade County Art in Public Places requirements, pursuant to Section 2-11.15 of the Code of Miami-

Dade County and Administrative Order 3-11, managed by the Miami-Dade County Department of Cultural Affairs as detailed in Procedure 358 in the Miami-Dade County Procedures Manual (see http://www.miamidadepublicart.org/#tools or http://intra.miamidade.gov/managementandbudget/procedures.asp).

1.14 Insurance Requirements

The draft Development Agreement (Attachment A) and draft Lease Agreement (Attachment B) contain typical insurance requirements, however, the specific types, amounts and classifications of insurance coverage required will be determined by the County based upon the development proposed. Prior to the commencement of any work under the Lease Agreement resulting from this Solicitation, the Developer shall furnish to Miami-Dade County Strategic Procurement Department and to the Department of Transportation and Public Works Certificates of Insurance which indicate insurance coverage has been obtained that meets the requirements stated in the final agreements.

1.15 Site Visits and Inspections

Most areas of the Development Area are open to the public during normal business hours and may be visually inspected by potential proposers during those hours. Additionally, a site visit will take place as part of the Pre-proposal Conference.

1.16 Guidelines and Procedures for the Sale, Lease, and Conveyance of County Real Property This solicitation is subject to Miami-Dade County Implementing Order No. 8-4, which in part, defines the authority to sell, lease or otherwise dispose of County-owned real property lies solely with the Board of County Commissioners (“Board”). Such sale, lease, or disposition shall be accomplished in a transparent manner, with adequate protections in place to ensure that the intended purpose of the sale, lease, or disposition, as approved by the Board, is met. Dispositions include the granting of easements.

It is further the policy of this County that it desires to contract to sell, lease or dispose of County-owned real property to responsible entities, and to know the ownership composition of all entities to whom it contracts to sell, lease or dispose of County-owned real property. The term “responsible entity” relates to the entity’s financial condition, capability, experience, and past performance, and includes honesty and integrity, skill and business judgment, experience and capacity for performing under the contract, and previous conduct, including but not limited to, meeting its financial obligations.

2.1 Background

A. Miami-Dade County is seeking proposals from experienced developers with a proven track record of undertaking and successfully financing, constructing, operating, managing, and leasing profitable, large-scale, residential and/or mixed-use developments for the Transit Oriented Development (TOD) of approximately 5.6 acres of County-owned property, as more fully described in Exhibit 1, located adjacent to the SW 296 Street TransitWay Station (Development Site). The Development Site contains a 139-space surface parking lot and vacant and unimproved property which is intersected by SW 296th Street. The two parcels to the North of SW 296th Street containing approximately 2.21 acres (folio’s 30-7905-000-0321 and 30-7905-000-0321) where the existing surface parking lot is located are optional to be redeveloped (Optional Development Site).

B. The County anticipates awarding a Development Agreement for the right and obligation to develop the Development Site. The Development Agreement allows, but does not require, the Development Site to be divided into separate development components or Phases for purposes of development. (See definition of Phase in Section 1.2.) The Development Agreement will provide for long-term ground lease(s) [Lease(s)] to become effective, on a Phase-by-Phase basis if the development is to be phased, when requirements to begin construction have been met. It is anticipated that the Lease(s) will have a total maximum term of 99 years but will contain periodic renewal terms, the length of which will be based upon the scope of the development proposed and will be established during the negotiation process. Renewal terms shall be automatic provided the Developer has remained in compliance with the provisions of the Development Agreement and any Lease(s) resulting from this Solicitation.

C. The Developer will also be required to enter into a Rental Regulatory Agreement with HCD. This agreement shall specify the number and type of units which shall be set aside for Low-income and Workforce Housing, the maximum rents which shall be charged for those units and provide for the monitoring and enforcement of those provisions. The Rental Regulatory Agreement must be in effect and cause the low-income and workforce portions of the development, as applicable, to be restricted as such for the entire term of the Lease.

D. The proposed development plan shall describe the Proposer’s concept for the Development Site as offered by this Solicitation. The Development Site may be divided into distinct development components (Phases), each of which can be financed, developed,

2.0 SCOPE OF SERVICES

operated and managed independently from the other Phases. If dividing the Development Site into Phases, Proposers must include all of the property included in the Development Site into the proposed Phases. No portion of the Site shall remain outside of the boundaries of a Phase. Shared easements may be platted/recorded within the Development Site but must be contained within a Phase. Additionally, each Phase must, on a stand-alone basis, comply with all Laws and Ordinances and zoning requirements, be commercially and economically viable, be capable of operating independently from all other Phases and allow free and open access to and between all phases and the SW 296 Street TransitWay Station. The term Phase is not meant to require development of the Phases in any particular sequence and Phases may be developed concurrently.

E. A major objective of this Solicitation is to provide for the development of the property offered by this Solicitation as expeditiously as is feasible under prevailing market conditions, in compliance with all applicable regulations and to avoid having the site remain undeveloped or underdeveloped for an extensive period of time. Consequently, proposals which allow for development of the Development Site with the separate development components (or Phases if the development is to be phased) to be constructed concurrently or in quick succession are strongly encouraged.

F. The Proposer must have the authority to submit the proposal and negotiate and execute the resulting Development Agreement.

The County will only negotiate and subsequently award a Development Agreement resulting from this Solicitation to the legal entity that submits the proposal. Developers may include joint ventures, consortiums or similarly structured entities whose members meet the qualifications described in this Solicitation.

G. The term Development Agreement shall be used throughout this Solicitation to describe the agreement which contains the terms, conditions, obligations and phasing, if applicable, under which development rights to the Development Site will be granted to the Developer and the Development Site is to be developed.

H. The term Lease shall be used throughout this Solicitation to describe the agreement(s) under which County-owned property will be leased to the Developer for development under ground lease(s) which become effective upon the Developer meeting the obligations and obtaining the required approvals to begin construction, in accordance with the Development Agreement resulting from this Solicitation.

I. A draft form of Development Agreement and a draft form of Lease Agreement are included as Attachments to this RFP. Certain provisions of those agreements may be negotiated and amended. However, the County reserves the right to determine the final form of the Development Agreement and Lease(s) resulting from this Solicitation and to include non-negotiable standard County provisions and requirements.

J. The County reserves the right to terminate any agreement(s) resulting from this Solicitation in the event that the Developer fails, for any reason, to secure adequate financing for the development as described and in conformity with the schedule contained in the Development Agreement resulting from this Solicitation.

K. The proposed financing of the Project may not allow for the cross-collateralization or cross-defaulting with any other property, project or other assets. Further, if a Phased Development or similar type of development with separate components is to be developed, each Phase or component of the Project must be independently financed and the financing of any Phase(s) or component(s) may not allow for cross-collateralization or cross-defaulting with any other Phase(s) or component(s).

2.2 Qualifications

Proposers shall have a proven track record of undertaking and successfully financing, constructing, operating, managing and leasing profitable, large-scale, primarily residential developments and the demonstrated ability to obtain the necessary financing to complete the proposed Project. Experience in the development of affordable housing projects and Transit Oriented Development (TOD) is desirable.

2.3 Tasks

The Developer shall be responsible for the following at its sole cost and expense:

A. Securing all financing as required by the agreements resulting from this Solicitation and payment of all costs related to the planning, development, construction and operation of the proposed Project;

B. Obtaining certified, insured, experienced and reputable architectural, engineering, and construction services including a general Contractor, project manager and Subcontractors;

C. Participation in community outreach activities, if required by the County;

D. Duly applying for, obtaining and maintaining any and all permits, licenses, easements, property rights and approvals, necessary prior to, during and after construction;

E. Platting of the Development Site, if required;

F. All development fees imposed in connection with the development by the County or any other agency of appropriate jurisdiction;

G. Location of all underground utilities, including but not limited to, utilities serving County-owned facilities. Developer is prohibited from constructing any improvements over underground utilities whether such utilities are owned by or serving private or publicly owned facilities, including but not limited to, County-owned utilities and utilities serving County-owned or County operated facilities.

H. The extension, relocation, replacement and/or upgrading of existing utilities and connection of new utilities, as necessary.

I. The construction/installation of all off-site public improvements and/or infrastructure required for development of the Site (streets, street widening, streetlights, sidewalks, water/sewer infrastructure, landscaping, etc.);

J. The alteration, relocation, replacement and/or upgrading of any County and/or private facilities and utilities made necessary by the Project.

K. Taking any measures required to maintain County operations during construction, development, and submission of plan(s) to mitigate any disruption to County, other public and/or private operations and/or impacts to County, public and/or private facilities.

The plan(s) must be approved in writing by the County prior to commencement of any work that may impact County, public or private operations and/or facilities. Any damage or impacts to County, public or private systems, facilities or operations resulting from activities undertaken by or on behalf of the Developer must be immediately remediated at the Developer’s sole expense. If required by the County, the Developer must prepare and submit a monitoring, mitigation and remediation plan. The plan, if required, must receive the written approval of the County and be executed by the Developer;

L. Certain activities which may potentially impact County facilities and/or operations may require the presence of County employees or representatives to monitor and coordinate activities. The Developer shall be responsible for all costs incurred as a result of such activities, including but not limited to, payment for all expenses incurred by the County in providing employees or representatives to monitor and coordinate activities;

M. Completion of a due diligence process regarding the proposed development and the Development Site, including but not limited to, environmental review and assessments required by any authority having jurisdiction over such matters and performing any and all studies and analyses required for such review and assessments. Additionally, Developer shall be responsible, at its sole cost and expense, for any wetland mitigation and environmental remediation (or remediation of any other kind) of the Site and any surrounding areas, if required;

N. Filing of Development Agreement, and Lease(s) or any other agreements resulting from this Solicitation and payment of all recording fees;

O. Because the Site is County-owned, it is not currently subject to real estate ad valorem taxes or non-ad valorem assessments;

however it is the responsibility of the Developer to determine any and all tax and assessment consequences which may arise as a result of placing a development on the Site and for the payment of any and all taxes and assessments associated with the development of the Site, including but not limited to, ad valorem real estate taxes and non-ad valorem assessments that may be associated with the Project and/or the Site;

P. Commencement and completion of construction of the Project in a timely manner and in accordance with the applicable rules, regulations, Laws and Ordinances and standards required by Miami-Dade County and any other applicable regulatory agency;

Q. Prior to construction activities, the Developer’s designated Project Manager, its contractors and/or subcontractors, as determined appropriate in the sole discretion of the County, will be required to meet with County staff to provide relevant information and to coordinate construction related activities. Upon commencement of construction, such meetings will be required as frequently as deemed appropriate by the County;

R. Obtaining bonding and/or assurance of completion as required by law and in a manner acceptable to the County;

S. Obtaining all insurance coverages as required by the County;

T. Applying for and obtaining any zoning changes and/or any other land use planning changes and/or waivers from the appropriate agency having jurisdiction. (The County does not make or offer any representation or warranty that any such requested changes will be granted.); and

U. Obtaining any and all access permits from the State, County, and/or any authority with such jurisdiction.

V. If the Optional Development Site is developed , see requirements stated in Section 2.4(D).

W. If the Optional Development Site is not developed, see requirements stated in Section 2.4(E).

X. Inclusion of station area enhancements and amenities that promote walkability and micromobility and Project connectivity with the System, as well as pedestrian convenience and safety through such means as covered and well-lit walkways and well- designed, lighted outdoor spaces.

Y. Provision of in-kind or financial contributions to the South Dade Trail Project.

Z. Payment of all fees associated with the development of the Site charged by the County, or any authority with legal jurisdiction, including but not limited to, those required by Miami-Dade County Implementing Order 4-133, https://documents.miamidade.gov/ao-io/IO/IO-04-133.pdf.

AA. Payment of any fees to HCD in connection with any services rendered by HCD for Affordable and Workforce Housing.

2.4 Deliverables/Objectives

The Developer shall be responsible for delivering the following:

A. Development which is primarily residential and which incorporates Transit Oriented Development (TOD) concepts, including but not limited to the following:

1. Concentration of density at the SW 296 Street TransitWay Station, incorporation of uses which take maximum advantage of the proximity and convenient accessibility of the Development Site to the Station and which will promote increased patronage of the Miami-Dade transit System.

2. The development proposed should be primarily residential but may include some incidental commercial and/or retail space included in the development.

3. Development which promotes walkability and micromobility of the Project and its connectivity with the System, as well as improved pedestrian convenience and safety through such means as covered walkways and well-lit walkways and outdoor spaces, and in-kind or financial contributions to the South Dade Trail Project.

B. Development which maximizes the use of the Development Site, demonstrates excellence, creativity and innovation in architectural and layout design and is functionally and aesthetically integrated into the SW 296 Street TransitWay Station with a direct physical connection between the development and the Station which is protected from the elements.

C. Inclusion of affordable housing component(s) within the development. A minimum of 12.5% of the square footage of the units must be Workforce Housing units. It is encouraged that the development be inclusionary for all income levels and to maximize the prevalence of affordable and workforce units with the project.

It is the intent of the County to create a development appropriate to a diverse population and families of various types, sizes and ages.

D. If the Optional Development Site is developed where the existing surface parking lot is located, the developer must include a minimum of 200 permanent parking spaces within the Development Site for the exclusive use by transit patrons at all times. Parking spaces reserved for transit patrons must be provided at no cost to transit patrons or to the County and Developer shall be responsible for all costs associated with the replacement of transit parking spaces, including but not limited to maintenance, taxes, insurance, and security. The parking spaces may be located within a parking structure, however, all parking spaces designated for transit patrons must be conveniently located and be situated to allow quick, easy and convenient access for transit patrons without impediments such as having to traverse parking areas where there is frequent heavy vehicular traffic. For example, the parking structure must be designed such that the parking spaces reserved for transit patrons can be accessed without having to pass through busy parking areas reserved for the use of development residents and/or patrons. Parking for transit patrons should be constructed as close to the SW 296 Street TransitWay Station as possible to provide safe and convenient accessibility to the station.

If transit parking is located within a parking structure, such transit spaces must be located contiguously on the lowest levels. The Developer will be responsible for providing a sufficiently effective method of ensuring that the spaces as described above will remain available for the exclusive use of transit patrons.

E. If the Optional Development Site is not developed, the existing surface lot shall remain in place for the exclusive use of transit patrons. In such an event, the Developer is encouraged to make improvements to the surface parking lot including adding additional transit parking spaces, lighting, re-striping, covered canopies with connections to the Station, and other transit parking enhancements.

F. Development that complies with all applicable federal, state and local regulations, codes, statutes and Laws and Ordinances.

G. Development which incorporates resource efficient features and which incorporates sustainable building design, construction techniques.

H. Development which provides maximum positive economic, social, and recreational impacts to the community.

I. Development which promotes economic development in the surrounding area.

J. Inclusion of amenities which will be attractive and beneficial to the residents of the surrounding community, transit patrons and residents and/or patrons of the resulting development and, if applicable, meet the requirements of the U.S. Department of Housing and Urban Development (HUD) and the Florida Housing for FHA insured and LIHTC properties.

K. Development with demonstrable market/financial viability.

L. Development of the Development Site within the shortest time feasible.

M. Development which provides a long-term source of income for the County based upon fair market value of the Development Site and the proposed uses of the Development Site.

2.5 Reporting

A. Upon award of a Development Agreement, the Developer shall submit status reports to the County regarding Project development.

Frequency, subject matter and details covered in status reports will be determined by the County and may be changed at any time at the discretion of the County.

B. Proof of all required insurance coverages.

C. Proof of required bonding and/or assurance of completion as required by law and in a manner acceptable to the County;

D. Submission of all information obtained during the due diligence process, including but not limited to, all environmental reviews, assessments and analyses performed and any required remediation of the Development Site.

E.…