miami RFP 1568387 - GSA Site.pdf

REQUEST FOR PROPOSALS

GSA Site at NW 20th Street, RFP No. 1568387

NO. 1568387

For the Development and Lease of the City’s

GSA Site at Northwest 20th Street

LOCATED AT

1970 NW 13 Ave (Folio 01-3135-000-0163) &

1950 NW 12 Ave (Folio 01-3135-001-0010, Miami, Florida 33125

PRESENTED BY THE

CITY OF MIAMI

DEPARTMENTS OF PROCUREMENT &

REAL ESTATE AND ASSET MANAGEMENT

City of Miami

June 9, 2026

Ladies and Gentlemen:

The Department of Procurement and the Department of Real Estate and Asset Management for the City of Miami (“City”) do hereby issue the attached Request for Proposals (“RFP”) for the development and lease of a City-owned properties located at 1970 NW 13 Avenue and 1950 NW 12 Avenue, Miami, Florida 33125 (Folio Nos. 01-3135-000-0163 and 01-3135-001-0010 respectively) as further described in the RFP (“Property”), also known as the “GSA Site.” The goal of this RFP is to enter into a long-term lease agreement with a responsive and responsible Proposer who will, among other tasks, redevelop the site in accordance with the requirements specified in this RFP.

The Property is currently occupied by the City of Miami’s Department of Solid Waste

(“Solid Waste”), General Services Administration (“GSA”), Public Works Department (“Public Works”), Parks and Recreation Department (“Parks”), and Fire Station No. 5 (“Fire”). Generally, the Property is used by: (1) Solid Waste for a mini dump, storage, truck wash, fleet, administration, and parking; (2) by GSA for a largescale auto repair shop, storage, car wash, light fleet, fuel, administration, and parking; (3) by Public Works for fleet, administration, and parking; (4) by Parks for storage, fleet, administration, and parking, and (5) by Fire for the operation of Fire Station No.

5 and associated parking.

As described herein, the intent of this RFP is to 1) address the redevelopment, modernization, retention and proper integration of all identified existing uses on the Property and

2) develop the portion of the Property not used by City services into a vibrant mixed-use development.

The City hereby requests that Proposers submit a proposal package including all the items required by this RFP. This RFP contains information regarding the Property, submission requirements, and selection procedures. Carefully review all enclosed documents. Proposers must comply with all submission requirements, and all applicable legal and regulatory requirements in order to be eligible for consideration. Proposers are solely responsible for reviewing the entire RFP and all addenda, conducting such due diligence as they deem appropriate, and complying with all applicable requirements of this RFP and applicable law.

Any award and any resulting lease or related agreement shall be subject to all required approvals and shall comply with the Charter and Code of the City of Miami, Florida, and all other applicable federal, state, county, and local laws, rules, and regulations. Without limiting the foregoing, any resulting lease shall be subject to the applicable requirements of Section 29-B of the

City Charter, including fair market value requirements and any referendum requirement, if applicable. On behalf of the City of Miami Mayor and Commissioners, I welcome responsive proposals from responsible Proposers that will realize the full potential of this prime real estate location.

Sincerely, James Reyes City Manager

TABLE OF CONTENTS

I. EXECUTIVE SUMMMARY

II. GENERAL TERMS AND CONDITIONS

III. SPECIAL CONDITIONS

A. THE PROPERTY

B. PROPOSED PROJECT

C. SELECTION PROCESS AND CONTRACT AWARD

D. LEASE REQUIREMENTS

IV. TECHNICAL SPECIFICATIONS / SUBMISSION REQUIREMENTS

A. MINIMUM PROPOSAL REQUIREMENTS AND FORMAT

V. EVALUATION CRITERIA

EXHIBITS AND APPENDICES

EXHIBIT A PROPERTY INFORMATION

1. Boundary and Topographic Survey dated February 7, 2019

2. AECOM Study

3. Space Program

EXHIBIT B REFERENCE MATERIALS

1. Miami 21 Zoning Code: CI-HD

2. City Code Section 18-74 - Cone of Silence

3. City Code Section 18-104 - Bid Protests

4. City Code Section 2-612 - Conflicts of Interest

5. City Charter Section 29B - City-owned Property Sale or Lease - Generally

6. City Charter Section 3 – Powers

The materials included in composite Exhibits A and B are provided for informational purposes only, and their inclusion in this RFP does not constitute a representation by the City as to the accuracy or completeness of any such information. Each Proposer is solely responsible for independently verifying any information upon which it relies in preparing its proposal.

ATTACHMENT 1 RFP CHECKLIST

ATTACHMENT 2 RFP PROPOSAL SUMMARY FORM

ATTACHMENT 3 TEAM QUALIFICATION FORMS

ATTACHMENT 4 ENTITY CERTIFICATION FORMS

ATTACHMENT 5 DISCLOSURE/DISCLAIMER FORM

ATTACHMENT 6 BACKGROUND AND CREDIT

CHECK CONSENT FORMS

ATTACHMENT 7 INTEGRITY AND NON-COLLUSION

AFFIDAVIT

ATTACHMENT 8 SCRUTINIZED COMPANIES AFFIDAVIT

ATTACHMENT 9 ANTI-HUMAN TRAFFICKING

AFFIDAVIT

ATTACHMENT 10 INSURANCE REQUIREMENTS –

CONSTRUCTION

ATTACHMENT 11 INSURANCE REQUIREMENTS –

OPERATIONAL

ATTACHMENT 12 ACCESSIBLE BUILD AREA MAP FIRE

STATION NO. 5

ATTACHMENT 13 RESOLUTION NO. R-26-0098

I. EXECUTIVE SUMMMARY

Project: The City of Miami (“City”) is seeking responsive proposals from qualified Proposers willing to develop and enter into a long-term lease of, the City’s GSA Site located at Northwest 20th Street (“Project”) in the Allapattah community of the City.

The vision of this RFP is to develop the GSA Site into a vibrant mixed-use development while also modernizing existing essential City services as well as various other public benefits, subject to the requirements set forth in this RFP.

Location: 1970 NW 13 Avenue, Miami, Florida 33136 Folio No. 01-3135-000-0163, and

1950 NW 12 Avenue, Miami, Florida 33136, Folio No. 01-3135-001-0010 as further described herein (collectively, “Property”).

Property Size: The combined lot size is approximately 816,961 SF (18.75 Acres).

Zoning: Civic Institution Health District (CI-HD) and Civic Space (CS) according to the Miami 21 Zoning Code.

Property Condition: The Property is offered in "AS IS, WHERE IS" condition by the City.

Taxes & Impositions: The Successful Proposer shall be responsible for all taxes, levies, governmental impositions, surcharges and assessments due or assessed on the Property. The Successful Proposer shall be responsible for payment in lieu of taxes (“PILOT”) during the term of the Agreement in the event the Property becomes exempt from ad valorem real estate taxes.

Existing Restrictions: The Property is offered “AS IS, WHERE IS,” including, without limitation, in relation to all existing easements, covenants, restrictions, etc. The Successful Proposer shall be required to comply with all restrictions that may apply to the property (or to incur the cost and responsibility to release said restrictions, as needed), and shall covenant that it shall not cause, directly or indirectly, any action, omission, or inaction that would result in a violation of such restrictions.

Mandatory Retention of Existing City Uses: The permanent retention and proper integration of all identified existing City uses currently located on the Property, as identified in the AECOM Study as Exhibit A- 2, is mandatory and shall be a material condition of Proposal responsiveness and award.

No Proposal shall provide for the permanent relocation of any existing City use off the Property, nor shall any Proposal assume the elimination, downsizing, or substitution of any such use, except where expressly authorized in advance by the City Commission.

The Successful Proposer shall be solely responsible, at its own cost and expense, for the planning, development, financing, construction, operation, and maintenance of the Project. The responsibility shall include, without limitation, obtaining all required entitlements, permits, approvals, rezonings, environmental remediation, releases, vacations, demolition of existing structures, and any other actions necessary for the successful development and operation of the Project, all at no cost or financial risk to the City.

Lease: Following City Commission approval of the selection of the top-ranked Proposer

(“Successful Proposer”) and authorization to negotiate, the City will negotiate a lease and development agreement (“Lease”) with the top-ranked Proposer. The Lease shall be in consistent with the terms of this RFP and shall include the standard provisions required in City leases, including, without limitation, indemnification, hold harmless, and duty to defend provisions in favor of the City, insurance requirements, guaranties, and other such terms as the City deems necessary and appropriate. The transaction may also be documented through one or more companion agreements, as the City determines necessary to implement the Site. Should the City and the top-ranked Proposer be unable to reach an agreement, the City may terminate negotiations with the top-ranked Proposer and initiate negotiations with the next highest-ranked Proposer until an agreement can be reached.

Lease Term: The Lease consists of a ninety-nine (99) year term, inclusive of any applicable renewals (“Lease Term”).

Rent Requirements: RFP Proposals shall include a base rent and percentage rent (“Rent”) which together shall constitute an amount equal to or greater than fair market value, as determined by a State-certified Appraiser procured at the direction of the City.

Additional rent may be applicable, as negotiated and specified in the Lease.

Prior to execution of any agreement, the City shall obtain two or more State-certified appraisals to evaluate the fair market value of the proposed Rent and overall economic terms of the selected Proposal. The selected Proposer’s financial terms shall be subject to verification based on such appraisals, and the City reserves the right to require adjustments to the proposed Rent, or to decline to proceed with the award, if the proposed terms are determined not to meet or exceed fair market value.

Proposal Security: The Successful Proposer shall provide a Proposal Security equal to Twenty-Five

Thousand Dollars ($25,000.00) upon proposal submission, as further clarified below.

Earnest Money Deposit: Upon execution of any Lease resulting from this RFP, the Successful Proposer shall provide an Earnest Money Deposit in the amount of One Million Dollars ($1,000,000.00) payable by irrevocable/unconditional Cashier’s Check drawn on a financial institution authorized to do business in Florida, by proof of deposit into a third-party escrow account, by letter of credit, or by surety bond.

Proposer Entity: In addition to the requirements of the RFP, including any minimum qualification requirements, at the time of submission of the Proposals, the Proposer must be a business entity (i.e., Partnership, Limited Partnership, Limited Liability Company, Corporation, etc.) already authorized to do business in the State of Florida, Miami-

Dade County and the City of Miami under the Proposer entity’s legal name. Any principal(s) included in Attachment 2 (“RFP Proposal Summary Form”) may not be substituted or withdrawn from participation after the Proposal Due Date unless the City Manager specifically authorizes in writing a request for substitution.

Responsibility: Each Proposer, including the principals thereof, and/or its assigns, shall be subject to a responsibility review, as further specified in the RFP, to determine responsibility and capacity to perform all items required by this RFP.

Pre-Proposal Conference: Tuesday, June 16, 2026, at 10:00 AM

RFP 1568387 – Pre-Proposal Conference or https://teams.microsoft.com/meet/211240417180943?p=q1eoKdVse5xvJfaEKU Meeting ID: 211 240 417 180 943 Passcode: so9fz7ce

Deadline for Additional Information / Clarification : Tuesday, June 23, 2026, at 5:00 PM

Procurement Contracting Officer: James Justin Griffin

City of Miami | Department of Procurement 444 SW 2nd Avenue, 6th Floor Miami, Florida 33130 EMAIL: jgriffin@miamigov.com

Proposal Due Date: Tuesday, September 8, 2026, at 5:00 PM

Submittal: ALL PROPOSALS NEED TO

BE SUBMITTED

ELECTRONICALLY VIA

BIDNET WHICH CAN BE

ACCESSED THROUGH THE

LINK BELOW:

https://www.miamigov.com/Ser vices/Doing-Business/Access- Current-Procurement- Solicitations-Bids-Proposals

NO HARDCOPIES WILL BE ACCEPTED

II. GENERAL TERMS AND CONDITIONS

A. Definitions

1. City – shall refer to the City of Miami, a Florida municipal corporation.

2. DREAM – shall refer to the City of Miami Department of Real Estate and Asset Management.

3. Procurement – shall refer to the City of Miami Department of Procurement.

4. Project – shall mean the entirety of the preservation and redevelopment of the existing City services and development of the Property.

5. Proposal – shall refer to any offer(s) submitted in response to this solicitation.

6. Proposer – shall refer to anyone submitting a Proposal in response to this solicitation.

7. Responsible Proposer – shall mean a Proposer who has submitted a proposal and who has the capability, as determined under Section 18-95 of the City Code, in all respects to fully perform the Contract requirements, and the integrity and reliability of which give reasonable assurance of good faith and performance.

8. Responsive Proposal – shall mean a proposal that conforms in all material respects to the Solicitation.

9. Responsive Proposer – shall mean a business which has submitted a proposal, which conforms in all material respects to the Solicitation.

10. RFP – shall refer to this Request for Proposals.

11. Solicitation– shall mean this solicitation documentation, including any and all addenda.

12. Solicitation Submittal Forms – forms that must be submitted with the Proposal.

13. Successful Proposer – shall mean the Proposer(s) recommended for award.

B. Instructions for Proposers

1. Solicitation and Proposers’ Responsibilities

It is the responsibility of the Proposer to become thoroughly familiar with the requirements, terms, and conditions of this Solicitation. Allegations or pleas of ignorance by the Proposer of conditions that exist or that may exist will not be accepted as a basis for varying the requirements of the City. This Solicitation is subject to all legal requirements contained in the applicable City Charter and City Code provisions, as well as all applicable County, State, and Federal laws, rules, and regulations.

It is the responsibility of the Proposer, prior to conducting any lobbying regarding this Solicitation to file the appropriate form with the City Clerk stating that a particular lobbyist is authorized to represent the Proposer. The Proposer shall also file a form with the City Clerk at the point in time at which a lobbyist is no longer authorized to represent said Proposer. Failure of a Proposer to file the appropriate form required, in relation to each Solicitation, may be considered as evidence that the Proposer is not responsible, as required by subsection F, below.

2. Public Entity Crimes To be eligible for award of a contract, firms wishing to do business with the City must comply with Section 287.133(2)(a) of the Florida Statutes, which provides that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Proposal on 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, as defined by Section 287.017(2) of the Florida Statutes, for a period of thirty-six (36) months from the date of being placed on the convicted vendor list.

3. Cone of Silence Pursuant to Section 18-74 of the City Code, all Solicitations, once advertised and until an award recommendation has been forwarded to the appropriate authority, are under the “Cone of Silence.” The Cone of Silence ordinance prohibits any communication regarding this solicitation between, among others: (a) potential vendors, service providers, bidders, lobbyists, or consultants, and (b) the City's professional staff including, but not limited to, the City Manager and the City Manager's staff, the Mayor, City Commissioners, or their respective staffs. The Cone of Silence is in effect from the time of advertisement of this solicitation until such time as the City Manager issues a written recommendation to the City Commission. Certain exceptions may apply, including communications at pre-bid/pre-proposal conferences, presentations before evaluation/selection committees, written communications directed to the Clerk of the City or the Purchasing Director, and communications with the City Attorney and the City Attorney's staff. A violation of the Cone of Silence by a proposer/bidder shall render the response void. A violation by a City official or employee shall subject the official or employee to any penalties provided in the City Code.

Refer to Section 18-74 of the City Code for more information.

4. Voluntary Pre-Proposal Conference The City has scheduled a Pre-Proposal conference for Tuesday, June 16, 2026, at 10:00 AM.

Further notice(s) regarding meetings shall be posted on the City Clerk’s website at http://apps.miamigov.com/Calendar//publicmeetings.aspx. Attendance at any Pre-Proposal Submission Conference and Site Visit shall be optional; however, prospective Proposers are strongly advised to attend.

All questions and answers affecting the scope of work/specifications of the RFP will be included in an addendum, which will be distributed through Bidnet Direct, following the Pre- Proposal Conference to all the attendees. Because the City considers the Pre-Proposal Conference to be critical to understanding the Solicitation requirements, attendance is highly recommended.

It is the Proposer’s responsibility, prior to submitting a proposal, to acquaint themselves thoroughly, regarding any and all conditions and/or requirements that may in any manner affect the work to be performed. No allowances will be made because of lack of knowledge of these conditions.

Proposers may access the Pre-Proposal Conference via the Temas using the following link:

RFP 1568387 – Pre-Proposal Conference or https://teams.microsoft.com/meet/211240417180943?p=q1eoKdVse5xvJfaEKU Meeting ID: 211 240 417 180 943 Passcode: so9fz7ce

The Pre-Proposal Conference can also be attended via telephone:

+17865982961,,314326055; Phone conference ID: 314 326 055#

5. Deadline for Receipt of Request for Additional Information / Clarification Any questions or clarifications concerning this solicitation shall be submitted via the Bidnet Direct Electronic Bidding System (“Bidnet Direct”), with a copy filed with the Office of the City Clerk via email at Clerks@miamigov.com, pursuant to Section to Section 18-74 of the City of Miami Code titled “Cone of Silence”. The solicitation title and number shall be referenced in all correspondence. All questions must be received no later than Tuesday, June 23, 2026, at 5:00 PM. All responses to questions will be sent to all prospective Proposers in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR

AFTER SAID DEADLINE.

6. Addenda:

It is the Proposer's responsibility to ensure receipt of all Addenda. Addenda are available on Bidnet Direct only.

Procurement may issue an addendum in response to any inquiry received prior to the Deadline for Additional Information / Clarification , as identified within the Executive Summary above, that changes, adds to, or clarifies the terms, provisions or requirements of the Solicitation.

Procurement reserves the right to issue addendum any time during the Solicitation process prior to the Proposal Due Date. The Proposer should not rely on any representation, statement or explanation whether written or verbal, other than those made in this Solicitation or in any addenda issued. Where there appears to be a conflict between this Solicitation and any addenda, the last addendum issued shall prevail. It is the Proposer’s responsibility to ensure receipt of all addenda, and any accompanying documentation.

7. Proposal Due Date The deadline for receipt of proposals is Tuesday, September 8, 2026, at 5:00 PM. All Proposals need to be submitted electronically via Bidnet Direct, which can be accessed via the below link:

https://www.miamigov.com/Services/Doing-Business/Access-Current-Procurement- Solicitations-Bids-Proposals

NO HARDCOPIES WILL BE ACCEPTED

8. Change or Withdrawal of Proposals

1) Changes: Prior to the scheduled Proposal Due Date, a Proposer may change its

Proposal by submitting a new Proposal. Submission of a new Proposal shall supersede and replace any previously submitted Proposal, and any such prior Proposal shall be deemed withdrawn and will not be considered by the City. Other than scrivener’s errors or other non- material errors that serve the City’s best interest once revised, no changes to a Proposal will be accepted after the submission deadline.

2) Withdrawals: A Proposal shall be irrevocable unless the Proposal is withdrawn as provided herein. A Proposal may be withdrawn prior to the Proposal Due Date, by submitting a letter to the Procurement Contracting Officer identified in this Solicitation. The withdrawal letter must be on company letterhead and signed by an authorized agent of the Proposer. Proposals may not be withdrawn except as expressly provided in this subsection.

9. Conflicts within Solicitation Provisions contained herein will be interpreted in a manner consistent with all other provisions. However, where there exists a conflict between the General Terms and Conditions, Special Conditions, the Technical Specifications, or any addendum issued, the order of precedence shall be: the last addendum issued, the Technical Specifications, Special Conditions, General Terms and Conditions, then Executive Summary.. In the event of a conflict between any draft agreement included as an exhibit, attachment, and the terms of this solicitation, the terms of this solicitation shall govern.

10. Consistency with City Commission Resolution This RFP is issued pursuant to and in furtherance of Resolution No. R-26-0098, adopted by the City Commission of the City of Miami on February 26, 2026.

All provisions of this RFP shall be interpreted and applied in a manner fully consistent with Resolution No. R-26-0098. In the event of any ambiguity, inconsistency, or conflict between this RFP and Resolution No. R-26-0098, the Resolution shall control, and the RFP shall be construed so as to give full force and effect to the requirements and policies set forth therein.

C. Preparation of Proposals

1. Submittal Forms – The required solicitation documents define requirements of the

Solicitation and must be completed and submitted as outlined within the Solicitation. Use of other form(s) may result in rejection of the Proposal.

2. Authorized Agent – An authorized agent of the Proposer’s firm must sign the Proposal Submission Form and submit it together with the Proposal.

3. Conditions – The Proposer may be considered non-responsive if Proposals are conditioned to modifications, changes, or revisions to the terms and conditions of this Solicitation.

4. Additional/Alternate Proposals - Additional or alternate Proposal(s) for this Solicitation shall not be accepted.

5. Price Discrepancies – where there is a discrepancy between the prices offered within the Proposal, the prices or amounts that would provide the greatest return to the City shall prevail.

D. Cancellation of Solicitation The City reserves the right to cancel, in whole or in part, any Solicitation when it is in the best interest of the City. The City shall have the sole and absolute discretion to determine which actions are in the best interest of the City.

E. Evaluation / Selection Process

1. Solicitation Issued;

2. Receipt of Reponses;

3. Opening and listing of all responses received;

4. Procurement staff will review each submission for compliance with the submission requirements of the solicitation, including verifying that each submission includes all documents required;

5. An Evaluation Committee ("Committee"), appointed by the City Manager, comprised of appropriate City Staff and members of the community, as deemed necessary, with the appropriate technical expertise and/or knowledge, shall meet to evaluate each response in accordance with the requirements of this solicitation and based upon the evaluation criteria as specified within Section 5, Evaluation Criteria;

6. The Committee reserves the right, in its sole discretion, to request Proposers to make oral presentations before the Committee as part of the evaluation process. The presentation may be scheduled at the convenience of the Committee and shall be recorded. The recommendation of the Committee shall be submitted to the City Manager;

7. The City Manager reserves the right to reject the Committee's recommendation and instruct the Committee to re-evaluate and make another recommendation, or reject all proposals. No Proposer(s) shall have any rights against the City arising from such termination thereof;

8. If the City Manager accepts the Committee’s recommendation, the City Manager shall then authorize negotiations with the highest ranked responsive and responsible Proposer. Should said negotiations be unsuccessful, the City reserves the right to terminate the same and commence negotiations with the next highest-ranked responsive and responsible Proposer.

This process may continue until the City comes to a successful agreement with a selected Proposer. No Proposer shall have any rights against the City arising from such negotiations.

9. Should the City reach an agreement with a selected Proposer, the City Manager shall then submit his or her recommendation for award of contract to the City Commission for approval.

10. The City Manager's recommendation for award of contract will be sent via email to all Proposers, which will initiate the protest period.

11. After reviewing the City Manager’s recommendation, the City Commission may:

1) Approve the City Manager's award recommendation and negotiated contract(s);

2) Reject all proposals;

3) Reject all proposals and instruct the City Manager to reissue a solicitation; or

4) Reject all proposals and instruct the City Manager to enter into competitive negotiations with at least three (3) individuals possessing the ability to perform such services and obtain information from said individuals relating to experience, qualifications and the proposed cost or fee for said services, and make a recommendation to the City Commission.

12. The decision of the City Commission shall be final. Written notice of the award shall be given to the Successful Proposer.

F. Award of Solicitation

1. Generally – This RFP may result in an agreement awarded to the responsive and responsible

Proposer meeting all requirements as set forth in the Solicitation. The City reserves the right to reject any and all Proposals, to waive irregularities or technicalities and to re-advertise for all or any part of this Solicitation as deemed in its best interest. The City shall be the sole judge of its best interest.

2. Negotiations – The City reserves the right to negotiate Rent with the Proposer providing the best financial return to the City, provided that the Solicitation’s scope of work and/or minimum requirements, including rent, remains the same or revised for the City’s benefit (such as increased rent).

3. Contractor Responsibility – Pursuant to City Code Section 18-120, the Proposer’s performance as a tenant, vendor, prime contractor or subcontractor, or other contracting party (as may be applicable) on previous City contracts shall be taken into account in evaluating the Proposal received for this Solicitation.

4. Award Information – To obtain a copy of the evaluation scores, upon notice of Award Recommendation, Proposer(s) may request the scoring sheets or other award information by contacting the Procurement Contracting Officer identified within the Solicitation.

5. Contract – The Solicitation, any addenda thereto, the subsequent agreement(s), and any properly executed modifications shall constitute the resultant contract.

6. Required Documentation – Award of this Solicitation may be predicated on compliance with and submittal of all required documents as stipulated in the Solicitation.

7. Request for Additional Information – The City reserves the right to request and evaluate additional information from Proposers after the submission deadline as the City deems necessary.

G. Proposal Security Each Proposer shall submit with its Proposal a Proposal Security in the amount stated in the Executive Summary, in the form of a cashier’s or certified check, or a bid bond signed by a recognized surety company that is licensed to do business in the State of Florida, payable to the City of Miami. Failure to timely submit the Proposal Security in the required amount and form may render the Proposal non-responsive.

The Proposal Security is provided as security that, if the Proposer is selected and the City authorizes award of the transaction, the Proposer will timely execute the Lease and any companion agreements required by the City, and timely provide any required bonds, guaranties, or other post-award deliverables required by this RFP or the City. If Proposer fails to do so within the time required by the City, the City may annul the award, and retain the Proposal Security as liquidated damages and not as a penalty, and proceed with the next highest-ranked responsive and responsible Proposer, or reject all Proposals.

The City reserves the right to reject any and all surety tendered to the City. Proposal Security shall be returned to unsuccessful Proposers within ten (10) days after execution of the Lease and any required companion agreements by Successful Proposer. If three hundred sixty five (365) days have passed after the date of the Proposal Due Date, and no contract has been awarded, the Proposal Security shall be returned upon written request of the Proposer.

H. Bid Protest All bid protests shall be processed in accordance with the procedures contained in Section 18-104 of the City Code. All of the requirements and procedures specified in Section 18-104 shall be mandatory in order to properly file and proceed with a bid protest. Section 18-104, as the same may be amended, shall be deemed as incorporated by reference herein as if set forth in full.

I. Laws and Regulations The Successful Proposer shall comply with all applicable laws, codes, rules, permits, approvals, and regulations applicable to enter into the agreement specified in this Solicitation. The Successful Proposer shall comply with all applicable federal, state and local laws that may affect the execution of the agreement.

This Solicitation and any agreement subsequently executed pursuant hereto, including all exhibits, attachments, and appendices, and all matters arising out of or relating thereto (whether sounding in contract, statute, tort, regulatory, administrative, or otherwise), shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflicts-of-law principles.

Exclusive venue for any action, proceeding, or dispute arising out of or relating to this Solicitation or any agreement executed pursuant hereto shall lie in the state and federal courts located in Miami- Dade County, Florida. This RFP shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. By submitting a Proposal, each Proposer knowingly and voluntarily consents to such governing law and exclusive venue and agrees to comply with all requirements of this RFP.

In the event of any dispute, claim, or proceeding arising out of or relating to this Solicitation or any resulting agreement, each party shall bear its own attorneys’ fees and costs, unless otherwise expressly provided by applicable law or the executed agreement.

J. Licenses, Permits, and Fees The Successful Proposer(s) shall hold all licenses and/or certifications, obtain and pay for all permits and/or inspections, and comply with all laws, ordinances, regulations and building code requirements applicable to the agreement required herein. Damages, penalties, and/or fines imposed on the City or Successful Proposer for failure to obtain and maintain required licenses, certifications, permits and/or inspections shall be borne by said Successful Proposer.

K. Assignment Unless otherwise specified in this Solicitation, the Successful Proposer shall not assign, transfer, pledge, convey, hypothecate, or otherwise dispose of their Proposal, including any rights, title or interest therein, or its power to execute a contract with the City thereby, to any person, company or corporation without the prior consent of the City Commission by way of resolution, which may be conditioned, withheld, or refused at the City’s sole and absolute discretion.

L. Indemnification The Successful Proposer shall indemnify, defend (at its sole cost and expense), save, and hold harmless the City and its officers, officials, employees, agents, agencies, and instrumentalities from any and all actions, claims, protests, proceedings, causes of action, legal, equitable, regulatory, administrative or otherwise, liability, losses or damages, which the City or its officers, officials, employees, agents, agencies or instrumentalities (“City Indemnitees”) 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 Solicitation, Proposer’s submission of a proposal, or the performance, non-performance, or breach of the agreement by the Successful Proposer, including without limitation the Solicitation, evaluation, recommendation(s) for award, and award of the Lease, the later possession and Tenancy and all activities or omissions thereon, the design and construction of all improvements, betterments, additions and structures, including the maintenance and use thereof, compliance with all applicable laws, codes, rules and regulations and payment of all debts, expenses, costs, and fees that are the responsibility of the Proposer as they come due. Without limitation of the foregoing, the indemnity, hold harmless and duty to defend the City Indemnitees obligations set forth in this Section shall extend to and include the Proposer and/or its employees, agents, servants, partners, principals or subcontractors, jointly and severally; the Proposer shall be jointly and severally liable for all such obligations, which are primary and non-delegable, and the City Indemnitees may enforce this provision against the Proposer without regard to fault and without first pursuing any other party. The Successful Proposer 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 Indemnitees or any of them, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney’s fees which may be incurred thereon. The Successful Proposer expressly understands and agrees that any insurance protection required by this Solicitation or subsequent agreement, or otherwise provided by the Successful Proposer shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City Indemnitees as herein provided, which duty shall survive the cancellation of the Solicitation or Lease, as may be applicable.

Submittal of a Proposal shall constitute voluntary and knowing acknowledgment and acceptance of this Indemnification provision, which will become effective upon submission through selection until such time the Lease is executed, at which point all the indemnifications provided therein shall apply;

the Indemnification provisions in the Lease shall be generally consistent with the protections provided above. For the avoidance of doubt, and without limitation of the obligations set forth herein, this Section will obligate the Successful Proposer to intervene, indemnify, hold and save harmless, fully cooperate, defend, and assist (at the option of the City Attorney) in the defense of the City in any protest.

M. Insurance Requirements Prior to execution of the agreement by the City, the Successful Proposer shall furnish to the City Certificates(s) of Insurance that indicate that insurance coverage has been obtained which meets the requirements as set forth by the City. The title and/or number of this Solicitation number must appear on each certificate. All policies and/or certificate(s) of insurance are subject to the review and approval by the City’s Department of Risk Management prior to approval. The certificate(s) of insurance shall substantially comply with the insurance requirements provided by the City.

Certificates will indicate that no modification, lapse, or change in insurance shall be made without thirty (30) days written notice to the Certificate Holder. If insurance certificates are scheduled to expire during the contractual period, the Successful Proposer shall be responsible for submitting new or renewed insurance certificate(s) to the City at a minimum of ten (10) calendar days in advance of such expiration.

The City reserves the right to negotiate additional insurance requirements, to be specified and incorporated in the Lease. Furthermore, the City’s Director of the Department of Risk Management shall have the right to amend or solicit additional insurance requirements as needed in connection with the construction or operational phases of the Project. The insurance coverage(s) required as of the effective date of this Request for Proposals for the construction and operational phases of the Project are attached hereto as Attachments “10” and “11,” and incorporated herein by this reference.

N. Independent Inspector General The City reserves the right to require the Successful Proposer(s) to submit to an audit by the Office of the Inspector General or other auditor of the City’s choosing at the Proposer’s expense. The Successful Proposer shall provide access to all of its records, including access to its designated bank account(s) for this Project, which relate directly or indirectly to the Proposal, Project, or subject agreement at its place of business during regular business hours. The Successful Proposer shall maintain a separate bank account, retain all operational and financial records pertaining to the Lease, and upon request make them available to the City for seven (7) years following expiration of the agreement. Alternatively, the Successful Proposer may transfer the records to the City throughout the term of the agreement, subject to the Successful Proposer’s maintenance of these records for at least seven (7) years after creation of such records. The Successful Proposer agrees to provide such assistance as may be necessary to facilitate the review or audit by the City to ensure compliance with applicable accounting and financial standards.

O. Collusion Any Proposers interested in bidding or proposing pursuant to a competitive solicitation for any DREAM project including, but not limited to, a purchase, lease, permit, concession or management agreement, shall submit the Non-Collusion Affidavit included herein as Attachment 7 under penalty of perjury. The Non-Collusion Affidavit provides either that the Proposer is not related to or affiliated with any of the other parties submitting a Proposal in this Solicitation or identifies all affiliated or related parties that submitted a Proposal in the Solicitation. The Non-Collusion Affidavit further attests that the Proposer’s proposal is genuine and not sham or collusive or made in the interest or on behalf of any person not therein named, and that the Proposer has not, directly or indirectly, induced or solicited any other Proposer to put in a sham proposal, or any other person, firm, or corporation to refrain from proposing, and that the proposer has not, in any manner, sought by collusion to secure to the proposer an advantage over any other Proposer. In the event a recommended Proposer identifies related parties in the competitive Solicitation its Proposal shall be presumed to be collusive and the recommended Proposer shall be ineligible for award unless that presumption is rebutted. Any person or entity that fails to submit the required affidavit shall be ineligible for contract award. Failure to provide the Non-Collusion Affidavit with the Proposal or within five (5) days’ request by the City, shall be cause for the contractor to immediately forfeit their Proposal Security, if applicable.

P. Proprietary/Confidential Information All Proposals submitted to the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes, and other applicable provisions of law governing public records. Any Proposal submitted pursuant to this Solicitation is exempt from public disclosure only to the extent and for the time provided by Florida law. If the Proposer believes its Proposal contains information that constitutes a "trade secret,” as that term is defined under section 688.002, Florida Statutes, all material that qualifies for exemption from mandatory public disclosure requirements must be submitted in a separate envelope, clearly identified as "TRADE SECRETS EXCEPTION," with the Proposer’s name, the Solicitation number and title marked on the outside. Please be aware that the designation of an item as a trade secret by you may be challenged in court by any person.

By asserting a trade secret exemption claim, the Proposer agrees to indemnify, defend, and hold harmless the City, and its officers, employees, and agents, from and against any and all claims, actions, damages, losses, costs, and attorney’s fees arising out of or relating to the Proposer’s assertion that any portion of its Proposal is exempt from disclosure as a trade secret.

III. SPECIAL CONDITIONS

The information contained in this RFP is published solely for the purpose of inviting Proposers to consider the Project described herein but is not warranted in any manner. Proposers should independently verify factual items they deem relevant and perform their own due diligence investigations and projections and render their own conclusions without reliance upon the Pre- Proposal Submission Conference(s) or the material contained herein or any addenda hereto.

A. THE PROPERTY

1. Property Description

The Property consists of two parcels totaling approximately 18.75 acres, bordered by NW

20th Street along its north, NW 14th Avenue along its west, NW 12th Avenue along its east and the Veterans Administration Hospital (VA) site along its southern boundary.

The Property is currently occupied by the City of Miami’s Department of Solid Waste (“Solid Waste”), General Services Administration (“GSA”), Public Works Department (“Public Works”), Parks and Recreation Department (“Parks”), and Fire Station No. 5 (“Fire”). Generally, the Property is used by: (1) Solid Waste for a mini dump, storage, truck wash, fleet, administration, and parking; (2) by GSA for a largescale auto repair shop, storage, car wash, light fleet, fuel, administration, and parking; (3) by Public Works for fleet, administration, and parking; (4) by Parks for storage, fleet, administration, and parking, and (5) by Fire for the operation of Fire Station No. 5 and associated parking.

2. Parcel Size and Components The Property consists of two parcels, located at 1970 NW 13th Avenue, Miami, Florida 33136 Folio No. 01-3135-000-0163, and 1950 NW 12 Avenue, Miami, Florida 33136, Folio No. 01-3135-001-0010. The combined lot size is approximately 816,961 SF (18.75 Acres).

3. Existing Title and Funding Restrictions The Property is offered on an “AS IS, WHERE IS” basis with respect to title and use restrictions, including, without limitation, all existing easements, covenants, deed restrictions, funding restrictions, and other encumbrances affecting the Property.

Proposers shall be solely responsible for conducting all due diligence they deem necessary or appropriate, including, without limitation, due diligence related to title, surveys, and any applicable use or funding restrictions.

Without limiting the foregoing, the Successful Proposer shall comply with all title, use, and funding restrictions applicable to the Property, or, where permitted by law, shall be responsible for obtaining releases, waivers, or modifications of such restrictions at its sole cost and expense. The Successful Proposer shall covenant that it shall not cause, directly or indirectly, any action, omission, or failure to act that would result in a violation of any such restriction.

4. Existing Site Conditions The Property, together with all improvements thereon, is offered by the City strictly on an “AS IS, WHERE IS” basis. The City makes no representations or warranties whatsoever, express or implied, as to the condition, state, or characteristics of the Property or any improvements, including, without limitation, any physical, structural, environmental, surface, subsurface, soil, groundwater, or other conditions.

All express warranties and all implied warranties, including without limitation warranties of merchantability, suitability, fitness for a particular purpose, use, or habitability, are hereby expressly disclaimed. No representation is made by the City as to the presence or absence of hazardous substances, contamination, or any environmental conditions on, under, or affecting the Property.

Preparation and submission of a Proposal shall be at the sole cost and expense of the Proposer, including, without limitation, the cost and expense of any and all testing, audits, appraisals, inspections, studies (including non-invasive studies), investigations, or other due diligence activities that may be desired or necessary by the Proposer in connection with its Proposal.

The City of Miami Procurement Department will arrange access for potential proposers for testing and inspections (including non-invasive studies), and other due diligence activities necessary or desired by the Proposer in connection with the preparation or submission of a Proposal. Such inspections shall be performed solely at the Proposer’s cost and expense and only after receipt of the City’s prior written approval.

Additionally, for any redevelopment consideration, Successful Proposer must consider the nearby Miami Dade County tank farm/pumping station and its associated ground storage tanks and their critical infrastructure and necessary to maintain adequate water pressure and fire protection. Maintaining and supporting this infrastructure is essential to ensure regulatory compliance, system resilience, and reliable water service to customers in the northern and northeastern portions of Miami Dade County’s Water and Sewer Department (“WASD”) service area.

5. Environmental

Proposers may, at their option and subject to prior written approval by the City, conduct due diligence inspections and investigations of the Property, including, without limitation, environmental site assessments and the sampling and testing of soils, sediments and groundwater. Any such activities shall be subject to such terms, conditions and limitations as the City Manager or designee may impose, including, without limitation, requirements for City oversight or supervision, indemnification of the City, insurance coverage, disposition and ownership of reports and data, and the execution of any licenses, access agreements, or other legal documents required by the City Attorney.

All testing, audits, appraisals, inspections, studies (including non-invasive studies), and other due diligence activities necessary or desired by a Proposer in connection with the preparation or submission of a Proposal shall be performed solely at the Proposer’s cost and expense and only after receipt of the City’s prior written approval. The City makes no representations or warranties regarding the environmental condition of the Property, and Proposers shall rely solely on their own investigations and due diligence.

The Successful Proposer shall be solely responsible, at its own cost and expense, for the identification, removal, remediation, management, and disposal of any hazardous substances, contaminated materials, or environmental conditions to the extent required by applicable law in connection with the development and operation of the Project. The Successful Proposer shall further be responsible, at its sole cost and expense, for all site preparation activities, including, without limitation, demolition of existing structures, clearing, grading, and related work necessary for development of the Project.

The Successful Proposer shall indemnify, defend, and hold harmless the City from and against any and all environmental claims, liabilities, costs, or obligations arising out of or related to the condition of the Property, the Proposer’s investigations, or the development and operation of the Project, except to the extent caused by the gross negligence or willful misconduct of the City.

6. Utilities

Water, sanitary sewer, electric and telephone utilities are currently available on the Property. For additional information, please contact the respective utilities. The

Successful Proposer shall bear the sole financial responsibility for all connection fees, design, construction, and installation costs and of any costs associated with compliance with any County or City requirements. In the event the Successful Proposer wishes to relocate existing utilities, it shall do so at its sole cost and expense.

7. Land Use and Zoning

Development capacity and program for this site are regulated by the City of Miami Comprehensive Neighborhood Plan, the Miami 21…