Request for Proposals (“RFP”) No. 2067386

Request for Proposals (RFP)

City of Miami Procurement Department Miami Riverside Center 444 SW 2Nd Ave., 6Th Floor, Miami, Florida 33130 Web Site Address:

www.miamigov.com/procurement

1401 N. Miami Avenue Second Floor Miami, Florida 33136 Web Site Address: www.omnicra.com

RFP Number: 2067386

Title:

RFP for Development of Vacant Lot at 1428 NW 1ST Avenue Miami, FL 33136

Issue Date/Time:

July 2, 2026

RFP Closing Date/Time: August 13, 2026, at 3:00 PM

Pre-Proposal Conference:

Voluntary

Pre-Proposal Date/Time:

July 13, 2026, at 10:00 AM (See Section III)

Pre-Proposal Location:

1428 North West 1ST Avenue Miami, Florida 33136

Deadline for Request for Clarification: July 20, 2026, 5:00 PM

Contracting Officer:

James Justin Griffin

Contracting Officer E-Mail Address:

JGriffin@miamigov.com

Contracting Officer Telephone:

305-416-1949

Contracting Officer Fax: 305-400-5078

TABLE OF CONTENTS

Contents

TABLE OF CONTENTS

INTRODUCTION

EXECUTIVE SUMMARY

I. THE OPPORTUNITY

II. THE PROPERTY

III. VOLUNTARY PRE-PROPOSAL AND CONFERENCE

IV. REQUIREMENTS

V. GENERAL TERMS AND CONDITIONS

VI. REGULATORY PROCESS

VII. REVIEW AND SELECTION PROCESS

VIII. SUBMITTAL REQUIREMENTS

EXHIBITS AND REQUIRED CRA FORMS

INTRODUCTION

Ladies and Gentlemen:

Thank you for your interest in this Request for Proposals (“RFP”) for the development of vacant property owned by the Omni Redevelopment District Community Redevelopment Agency (“Omni CRA” or “CRA”) as more fully described in Exhibit B, which is attached hereto and incorporated herein by reference. The Omni CRA, through this RFP, is soliciting proposals from qualified Applicants (development teams or other entities) to plan, design, build and operate affordable housing on the property located at 1428 North West 1st Avenue, Miami, Florida 33136 (the “Property”) for a minimum of thirty (30) years.

The goal of this RFP is for property conveyance, fee simple or otherwise, to support the creation of affordable housing for low-income and moderate-income households, as defined by the U.S. Department of Housing and Urban Development (“Affordable Housing”). Any financial assistance, additional financing, or support required from the Omni CRA must be clearly outlined in respondents’ financial model and overall submission.

Enclosed is the Omni CRA’s RFP, which contains site information as follows: uses the Omni CRA is seeking; development and disposition considerations; RFP submission requirements; and the selection procedures pertinent to the Proposals.

Proposals must comply with all submission requirements detailed in the RFP to be eligible for consideration.

Proposals are due no later than Thursday, August 13, 2026 at 3:00 PM, and must be submitted through Bidnet Direct (https://www.bidnetdirect.com/). A list of respondents will be made public soon thereafter.

The Omni CRA welcomes responsive development proposals and looks forward to working with a development team or other entities to realize this development opportunity.

Sincerely, Carlos Suarez Executive Director Omni CRA

EXECUTIVE SUMMARY

Development Opportunity: Plan, design, develop, construct and operate Affordable Housing on the Property.

Location: 1428 NW 1ST AVE, (Folio:01-3125-048-1720), as specifically described in Exhibit B

Required Use: Affordable Housing development consistent with the zoning of the site for a minimum of thirty (30) years.

Density: Consistent with zoning of the site.

Developer Selection Process:

Open, competitive, sealed bid process. The CRA reserves the right to reject any or all Proposals.

How to Obtain RFP:

The RFP is available only through Bidnet Direct where Proposers may register, free of charge, with Bidnet Direct to establish an account in order to have access to view and/or respond to any solicitations issued by the City of Miami’s Procurement Department (“City”). It is the Proposer's responsibility to ensure receipt of all Addenda.

Addenda are available on Bidnet Direct only.

Proposers downloading the RFP may also visit the OMNI CRA website at https://omnicra.com for informal updates.

Pre-Proposal Conference: Voluntary. Monday, July 13, 2026, at 10:00 AM via MS Teams.

PRE-PROPOSAL CONFERENCE

Meeting ID: 264 256 659 222 715

Passcode: 3FV2kc2b RFP Proposal Due Date: Thursday, August 13, 2026, by 3:00 PM EST

Submit to: Electronic Proposal submittals to this RFP are to be submitted through Bidnet Direct until the date and time as indicated in the Solicitation.

The responsibility for submitting a Proposal on/or before the stated closing time and date is solely and strictly the responsibility of the Proposer.

I. THE OPPORTUNITY

This RFP is an invitation from the Omni CRA to qualified applicants, development teams or other entities (“Proposers”), to plan, design, build and operate affordable housing on the Property as specifically described in Exhibit B, with the understanding that the Property will be conveyed by the Omni CRA through a property conveyance, whether fee simple or otherwise, in exchange for the proposed development. The goal of this RFP is to support the creation of Affordable Housing for a minimum of thirty

(30) years. The Disposition of Property in the Omni CRA area shall adhere to § 163.380, Florida Statutes, “Disposal of property in community redevelopment area,” which is deemed as being incorporated by reference in full herein.

II. THE PROPERTY

The Property is identified in the attached Exhibit B, and is located at 1428 North West 1st Avenue, Miami, FL 33136, and contains an approximate total lot area of approximately 7,860 square feet. The Property is located within the Omni CRA area, which is an area focused on targeted reinvestment, neighborhood revitalization, and the expansion of Affordable Housing opportunities. Situated at the edge of Wynwood, and in close proximity to Downtown Miami, the Property benefits from its position within a rapidly growing urban corridor with strong connectivity to transit, employment centers, and cultural amenities. The Property also benefits from a redevelopment framework designed to eliminate slum and blight, stimulate private investment and enhance the overall quality of life for existing and future residents. This includes support for infrastructure improvements, public space enhancements, and coordinated development activities that encourage responsible growth and long-term community resilience.

Existing conditions

The Property and its improvements are provided "as is" by the Omni CRA for redevelopment. No representations or warranties are made as to its condition, state or characteristics. EXPRESS WARRANTIES AND IMPLIED WARRANTIES OF

FITNESS FOR A PARTICULAR PURPOSE OR USE AND HABITABILITY

ARE HEREBY DISCLAIMED. Existing improvements and facilities, if any, that are located on the property are not to be retained as a part of the proposed redevelopment of the Property. Appraisals, testing, inspections, and/or other non-invasive due diligence shall be at the sole cost and expense of the prospective Proposers and should be included in total proposed development cost.

Environmental conditions

The Omni CRA is providing the Property for development in an “as-is” condition, without making any representation to its environmental condition. During the due diligence period, which begins on the RFP issue date and runs thru to the RFP due date, all potential Proposer(s) shall have site access to conduct environmental site assessments or site inspections, including sampling and testing of the soils, sediments and possibly the groundwater, for the presence of asbestos-containing materials (“ACMs”). If any hazardous material is discovered, the successful Proposer shall be responsible for the removal or remediation of the hazardous materials as required by law. To request site access during the due diligence period, please contact Omnicra@miamigov.com.

Zoning

The zoning for the Property must be confirmed by the Applicant. Proposals must ensure that the development complies with all applicable zoning laws or provides a detailed evaluation of zoning changes needed to realize the proposal. Additionally, any design specifications required by the City of Miami in connection with or associated with a historically significant or designated area affecting any of the subject Property.

III. VOLUNTARY PRE-PROPOSAL AND CONFERENCE

A Voluntary Pre-Proposal conference will be held on Monday, July 13, 2026, at 10:00 AM via MS Teams. Click here to join the meeting (Meeting ID: 264 256 659 222 715;

Passcode: 3FV2kc2b) or via phone (786) 598-2961, Conference ID 926 981 196# A discussion of the requirements of the Solicitation will occur at that time. Each potential Proposer is required, prior to submitting a Proposal, to acquaint itself thoroughly with any and all conditions and/or requirements that may in any manner affect the work to be performed. All questions and answers affecting the scope of work/specifications of the RFP will be included in an Addendum that 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

All questions and answers adversely affecting the scope of work/specifications of the proposal will be included in an addendum and sent following the Pre-Proposal Conference to all the attendees through Bidnet Direct. Because the Omni CRA 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 of the RFP. No allowances will be made because of lack of knowledge of these conditions.

IV. REQUIREMENTS

General requirements

• Plan, design, develop, construct, and operate Affordable Housing on the Property described in Exhibit B, ensuring the development takes full advantage of the allowable zoning. Residential units should include features such as adequate living space, full bathrooms (with at least one tub), washer and dryer connections, and Energy Star–rated kitchen appliances, including a range with hood, refrigerator/freezer, garbage disposal, and dishwasher. The development shall provide Affordable Housing for a minimum period of thirty (30) years.

All affordability levels and Area Median Income (AMI) thresholds must adhere to U.S. Department of Housing and Urban Development (HUD) guidelines and are available on its official website or at www.floridahousing.org/owners-and-managers/compliance/rent-limits.

Architecture The project should complement and be consistent with the surrounding neighborhood.

Green Building Criteria Applicants must select several items from the Green Building Criteria beyond those identified as required, included as Exhibit “A.”

Landscaping Should be consistent with zoning regulations. It shall be the responsibility of the Proposer to identify each tree located on a site and include any cost associated with the removal of a tree or the bonding of any trees that shall remain on the site. Proposers are recommended to develop a Tree Plan and may request site access during due diligence period, as described in Environmental section.

Scope of Work The work consists of furnishing all design, engineering, permitting, materials, labor, equipment, and operational services necessary to plan, design, construct and operate Affordable Housing on the Property (the “Work”).

The Proposer’s response shall be consistent with applicable state and local licensing laws and ordinances and shall provide for complete construction through qualified, licensed contractors and/or subcontractors.

V. GENERAL TERMS AND CONDITIONS

For purposes of this RFP, and for all sections hereafter, where applicable, reference to the “City” (meaning the City of Miami) may be deemed to refer to the Omni CRA.

Reference to the “City Manager” or “Chief Procurement Officer” may be deemed to refer to the Executive Director of the Omni CRA (“Executive Director”). Reference to the “City Commission” may be deemed to refer to the Board of Commissioners of the Omni CRA.

This interpretation and substitution of terms is made in accordance with Resolution No.

CRA-R-16-0042, duly adopted by the Board of Commissioners of the Omni CRA on

September 13, 2016, and shall apply throughout this RFP unless otherwise expressly stated.

Time is of the essence The Proposer will promptly perform its duties under the contract (or, if not yet executed, this RFP and any subsequently negotiated agreement) and will give the Work as much priority as is necessary to cause the Work to be completed on a timely basis in accordance with the contract documents or applicable solicitation and award documents. All Work shall be performed strictly (not substantially) within the time limitations necessary to maintain the critical path and all deadlines established in the contract documents.

All dates and periods of time set forth in the contract documents (or applicable solicitation and award documents), including those for the commencement, interim milestones, milestones, completion of the Work, and for the delivery and installation of materials and equipment, were included because of their importance to the Omni

CRA.

In agreeing to bear the risk of delays for completion of the Work except for the approved extensions, excusable delay, non-compensable delays, the Proposer understands that, except and only to the extent provided otherwise in the contract documents, the occurrence of events of delay within the Proposer’s control, the Work shall not excuse the Proposer from its obligation to achieve full completion of the Work within the contract documents time, and shall not entitle the Proposer to an adjustment.

All parties under the control of, or under contract with the Proposer shall include, but are not limited to, material persons and laborers, shall be deemed the responsibility of the proposer.

The Proposer acknowledges that the Omni CRA is purchasing the right to have the Proposer continuously working at the Property for the full duration of the project to ensure the timely completion of the Work.

Cone of Silence Pursuant to Section 18-74 of the City of Miami Code, a “Cone of Silence” is imposed upon each RFP, RFQ, RFLI, or IFB after advertisement and terminates at the time the Executive Director issues a written recommendation to the Board of Commissioners of the Omni CRA. The Cone of Silence shall be applicable only to Contracts for the provision of goods and services and public works or improvements for amounts greater than $200,000. The Cone of Silence prohibits any communication regarding RFPs, RFQs, RFLI or IFBs (bids) between, among others:

Potential vendors, service providers, bidders, lobbyists or consultants and the CRA and City professional staff including, but not limited to, the Executive Director and the Executive Director’s staff; the Mayor, Board of Commissioners of the Omni CRA, or their respective staffs and any member of the respective selection/evaluation committee.

The provision does not apply to, among other communications:

Oral communications with the CRA staff and City purchasing staff, provided the communication is limited strictly to matters of process or procedure already contained in the formal solicitation document; the provisions of the Cone of Silence do not apply to oral communications at duly noticed site visits/inspections, pre-proposal or pre-bid conferences, oral presentations before selection/evaluation committees, contract negotiations during any duly noticed public meeting, or public presentations made to the Board of Commissioners of the Omni CRA during a duly noticed public meeting;

or communications in writing or by email at any time with any City or CRA employee, official or member of the Board of Commissioners of the Omni CRA unless specifically prohibited by the applicable RFP, RFQ, RFLI or IFB (bid) documents; or communications in connection with the collection of industry comments or the performance of market research regarding a particular RFP, RFQ, RFLI OR IFB by CRA staff or City Purchasing staff.

Proposers or bidders must file a copy of any written communications with the Office of the City Clerk, which shall be made available to any person upon request. The CRA shall respond in writing and file a copy with the Office of the City Clerk (Clerks@miamigov.com), 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 Office of the City Clerk.

In addition to any other penalties provided by law, violation of the Cone of Silence by any proposer or bidder shall render any award voidable. A violation by a particular Bidder, Proposer, Offeror, Respondent, lobbyist or consultant shall subject same to potential penalties pursuant to the City Code. Any person having personal knowledge of a violation of these provisions shall report such violation to the State Attorney and/or may file a complaint with the Ethics Commission. Proposers or bidders should reference Section 18-74 of the City of Miami Code for further clarification.

This language is only a summary of the key provisions of the Cone of Silence. Please review City of Miami Code Section 18-74 for a complete and thorough description of the Cone of Silence. You may contact the City Clerk at 305-250-5360, to obtain a copy of same.

RESPONSIVE/RESPONSIBLE PROPOSERS

Subject to City of Miami Code Sections 18-95 and 18-107, the CRA shall have reasonable discretion to deem any Proposal non-responsive and/or Proposer non-responsible (with due consideration of all relevant extenuating circumstances, including, without limitation, the Proposer’s culpability, overall record of performance, etc.) based on whether the Proposer or any of its members has any actual or constructive knowledge that Proposer or any of its members: i) are in arrears to the City or CRA for any debt or obligation; ii) have any uncured defaults or have failed to perform under the terms of any agreement or contract with the City, CRA or other government entity within the past ten (10) years; iii) are in default under any agreement or contract with the City, CRA or other government agency or entity on the date and time the proposal is due; iv) have caused fines, penalties, fees or similar impositions to be levied against the City, CRA or any other governmental entity or agency; v) have any past, present or on-going litigation or adversarial administrative proceedings with the City, CRA or other government agency or entity; vi) have filed and not prevailed in frivolous lawsuits, as that term is defined by Section 57.105 of the Florida Statutes as determined by a final order of the court; vii) have past, present, or pending involuntary:

bankruptcies, liquidations, assignments for the benefit of creditors, receiverships, dissolutions, actions involving fraudulent transfers, foreclosures, or similar actions within the past seven (7) years on projects or businesses they have owned, operated, or controlled a majority interest (i.e., ownership of ten percent (10%) or more of the entity stock or shares); viii) have been found liable by any legal or administrative entity via any proceedings for environmental damage, contamination or any other environmental liability; ix) have failed to disclose involvement as a party, third party, or intervenor in any legal or administrative proceedings concerning environmental damage, contamination or any other environmental liabilities, whether found liable or otherwise;

x) have been debarred by any public agency or been placed in the convicted vendors list pursuant to Florida Statute Section 287.133 or a similar law, rule, or regulation; xi) have failed to disclose any of the above; or xii) are otherwise determined to be non-responsible as defined by the City of Miami Procurement Ordinance, including, without limitation, Sections 18-73 and 18-95 of the City Code, and by the laws of the State of Florida.

Similarly, any Proposer, or its principal(s) that is determined by a court, hearing officer, or other regulatory agency of competent jurisdiction (and all due process of law has been exhausted) to be liable for causing damage (by their own actions) to the City or CRA, its agencies or instrumentalities, directly or indirectly, shall be immediately responsible for payment of the judgment or fines. If the Proposer or its principal does not pay the judgment or fines, within thirty (30) days after the date of the CRA’s written notice (which shall not be effective until after due process of law has been exhausted), either during the solicitation process or anytime during the term of any agreement awarded pursuant to this Solicitation, the CRA shall have discretion to immediately disqualify the Proposer and terminate any agreement entered into pursuant to this RFP, with no other cure rights. In such event, the CRA shall immediately own any improvements built on the Property, with no responsibility, financial or otherwise, to the Proposer.

RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS

(Section 18-104 of the City Code) Right to protest.

The following procedures shall be used for resolution of protested solicitations and awards except for purchases of goods, supplies, equipment, and services, the estimated cost of which does not exceed $25,000.00. Protests thereon shall be governed by the administrative policies and procedures of purchasing.

Protest of solicitation.

a. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a contract may protest to the Executive Director. A written notice of intent to file a protest shall be filed with the Executive Director within three days after the request for proposals, request for qualifications or request for letters of interest is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the Executive Director; or

b. Any prospective Proposer who intends to contest RFP specifications or a RFP solicitation may protest to the Executive Director. A written notice of intent to file a protest shall be filed with the Executive Director within three days after the RFP solicitation is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the Executive Director.

Protest of award.

a. Any actual proposer who perceives itself aggrieved in connection with the recommended award of contract may protest to the Executive Director. A written notice of intent to file a protest shall be filed with the Executive Director within two days after receipt by the proposer of the notice of the Executive Director's recommendation for award of contract. The receipt by proposer of such notice shall be confirmed by the CRA by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when received by the Executive Director; or

b. Any actual responsive and responsible Proposer whose bid or proposed contract is lower than that of the recommended Proposer may protest to the Executive Director. A written notice of intent to file a protest shall be filed with the Executive Director within two (2) days after receipt by the Proposer of the notice of the CRA's determination of non-responsiveness or non-responsibility. The receipt by Proposer of such notice shall be confirmed by the CRA by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when received by the Executive Director.

c. A written protest based on any of the foregoing must be submitted to the Executive Director within five (5) days after the date the notice of protest was filed. A written protest is considered filed when received by the Executive Director.

The written protest may not challenge the relative weight of the evaluation criteria or the formula for assigning points in making an award determination.

The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation or the award is based and shall include all pertinent documents and evidence and shall be accompanied by the required filing fee as provided in subsection (f). This shall form the basis for review of the written protest and no facts, grounds, documentation or evidence not contained in the protester's submission to the Executive Director at the time of filing the protest shall be permitted in the consideration of the written protest.

No time will be added to the above limits for service by mail. In computing any period of time prescribed or allowed by this section, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of the time for filing.

Authority to resolve protests; hearing officer(s).

Hearing officers appointed by the CRA shall have authority to resolve protests filed, pursuant to Section 18‑104 of the City Code. The Executive Director shall appoint a hearing officer, from a separate list of potential hearing officers pre-approved by the Board of Commissioners of the Omni CRA, to resolve protests filed in accordance with this section, no later than five working days following the filing of a bid protest. The hearing officer shall have the authority to settle and resolve any written protest. The hearing officer shall submit said decision to the protesting party and to the other persons specified within ten days after he/she holds a hearing under the protest.

(1) Hearing officer. The hearing officer may be a special master as defined in chapter 2, article X, section 2-811 of the City Code, or a lawyer in good standing with the Florida Bar for a minimum of ten years with a preference given to a lawyer who has served as an appellate or trial court judge. The hearing officer may be appointed from alternative sources (e.g., expert consulting agreements, piggyback contracts, etc.)

where the Board of Commissioners of the Omni CRA adopts a recommendation of the city attorney that such action is necessary to achieve fairness in the proceedings. The engagement of hearing officers is excluded from the procurement ordinance as legal services. The hearing officers appointed in the pre-qualified group should be scheduled to hear protests on a rotational basis.

(2) Right of protest. Any actual Proposer or proposer who has standing under Florida law dissatisfied and aggrieved with the decision of the CRA regarding the protest of a solicitation or the protest of an award as set forth above in this section may request a protest hearing. Such a written request for a protest hearing must be initiated with a notice of intent to protest followed by an actual protest as provided in subsection 18- 104(a). The notice of intent to protest and the actual protest must each be timely received by the Executive Director and must comply with all requirements set forth in subsection 18-104(a). Failure to submit the required notice of intent to protest and the actual protest within the specified timeframes will result in an administrative dismissal of the protest.

(3) Hearing date. Within thirty (30) days of receipt of the notice of protest, the Executive Director shall schedule a hearing before a hearing officer, at which time the person protesting shall be given the opportunity to demonstrate why the decision of the CRA relative to the solicitation or the award, which may include a recommendation for award by the Executive Director to the Board of Commissioners of the Omni CRA, as applicable, should be overturned. The party recommended for award, if it is a protest of award, shall have a right to intervene and be heard.

(4) Hearing procedure. The procedure for any such hearing conducted under this article shall be as follows:

a. The CRA shall cause to be served by certified mail a notice of hearing stating the time, date, and place of the hearing. The notice of hearing shall be sent by certified mail, return receipt requested, to the mailing address of the protester.

b. The party, any intervenor, and the CRA shall each have the right to be represented by counsel, to call and examine witnesses, to introduce evidence, to examine opposing or rebuttal witnesses on any relevant matter related to the protest even though the matter was not covered in the direct examination, and to impeach any witness regardless of which party first called him/her to testify. The hearing officer may extend the deadline for completion of the protest hearing for good cause shown, but such an extension shall not exceed an additional five business days. The hearing officer shall consider the written protest and supporting documents and evidence appended thereto, supporting documents or evidence from any intervenor, and the decision or recommendation as to the solicitation or award being protested, as applicable. The protesting party, and any intervenor, must file all pertinent documents supporting his/her protest or motion to intervene at least five business days before the hearing, as applicable. The hearing officer shall allow a maximum of two hours for the protest presentation and a maximum of two hours for the CRA response. When there is an intervenor, a maximum of two hours will be added for the intervenor. In the event of multiple protests for the same project, the hearing officer shall allocate time as necessary to ensure that the hearing shall not exceed a total of one day.

c. The hearing officer shall consider the evidence presented at the hearing. In any hearing before the hearing officer, irrelevant, immaterial, repetitious, scandalous, or frivolous evidence shall be excluded. All other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible whether or not such evidence would be admissible in trial in the courts of Florida. The hearing officer may also require written summaries, proffers, affidavits, and other documents the hearing officer determines to be necessary to conclude the hearing and issue a final order within the time limits set forth by this section.

d. The hearing officer shall determine whether procedural due process has been afforded, whether the essential requirements of law have been observed, and whether the decision was arbitrary, capricious, an abuse of discretion, or unsupported by substantial evidence as a whole. Substantial evidence means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.

e. Within ten days from the date of the hearing, the hearing officer shall complete and submit to the Executive Director, the City Attorney, any intervenor, the Executive Director, and the person requesting said hearing a final order consisting of his/her findings of fact and conclusions of law as to the denial or granting of the protest, as applicable.

f. The decisions of the hearing officer are final in terms of CRA decisions relative to the protest.

Any appeal from the decision of the hearing officer shall be in accordance with the Florida Rules of Appellate Procedure.

Compliance with filing requirements.

Failure of a party to timely file either the notice of intent to file a protest or the written protest, together with the required filing fee as provided in subsection (f), with the Executive Director within the time provided in subsection (a), above, shall constitute a forfeiture of such party's right to file a protest pursuant to this section. The protesting party shall not be entitled to seek judicial relief without first having followed the procedure set forth in this section.

Stay of procurements during protests.

Upon receipt of a written protest filed pursuant to the requirements of this section, the CRA shall not proceed further with the solicitation or with the award of the contract until the protest is resolved by the Executive Director or the Board of Commissioners of the Omni CRA as provided in subsection (b) above, unless the Executive Director makes a written determination that the solicitation process or the contract award must be continued without delay in order to avoid an immediate and serious danger to the public health, safety or welfare.

Costs.

All costs accrued from a protest shall be assumed by the protestor.

Filing fee.

The written protest must be accompanied by a filing fee in the form of a money order or cashier's check payable to the city in an amount equal to one percent of the amount of the bid or proposed contract, or $5,000.00, whichever is less, which filing fee shall guarantee the payment of all costs which may be adjudged against the protestor in any administrative or court proceeding. If a protest is upheld by the Executive Director and/or the Board of Commissioners of the Omni CRA, as applicable, the filing fee shall be refunded to the protestor less any costs assessed under subsection above. If the protest is denied, the filing fee shall be forfeited to the CRA in lieu of payment of costs for the administrative proceedings as prescribed by subsection (e) above. (Ord. No.

12271, § 2, 8-22-02; Ord. No. 13629, § 2, 9-8-16).

Contract Term The contract (or, if not yet executed, this RFP and any subsequently negotiated agreement) shall commence upon issuance of the Notice To Proceed (“NTP”), which shall be issued subsequent to the execution of the contract by the Omni CRA. The contract shall terminate upon written notice by the Omni CRA that the contract has been closed-out after final completion or otherwise terminated by the Omni CRA pursuant to the terms and conditions herein set forth.

Notices

Whenever either party desires to give written notice unto the other relating to the contract, such must be addressed to the party for whom it is intended at the place last specified; and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this Article. Notice shall be deemed given on the date received or within three (3) calendar days of mailing, if mailed through the United States Postal Service. Notice shall be deemed given on the date sent via e-mail or facsimile. Notice shall be deemed given via courier/delivery service upon the initial delivery date by the courier/delivery service. For the present, the parties designate the following as the respective places for giving of notice:

For the CRA:

Carlos I. Suarez, Executive Director 1401 N. Miami Avenue

Second Floor Miami, Florida 33130 cSuarez@miamigov.com

For Proposer:

President Name Company Name

Address Email Phone

During the Work, the Successful Proposer shall maintain continuing communications with the Omni CRA. The Successful Proposer shall keep the Omni CRA fully informed as to the progress of the Work at all times through ongoing communications with the Executive Director, or designee.

Indemnification The Successful Proposer shall indemnify, hold and save harmless, and defend (at its own cost and expense), the CRA and City and its officers, agents, directors, and/or employees, from all liabilities, damages, losses, judgements, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused in whole or in part by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of the Successful Proposer and persons employed or utilized by the Successful Proposer in the performance of this Contract. The Successful Proposer shall further indemnify, hold and save harmless, and defend (at its own cost), the CRA, City, and its officials and/or employees, against any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted Work, even if it is alleged that the City, CRA, and its officials, and/or employees were negligent. In the event that any action or proceeding is brought against the CRA and City by reason of any such claim or demand, the Successful Proposer shall, upon written notice from the CRA, resist and defend such action or proceeding by counsel satisfactory to the CRA. The Successful Proposer expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Successful Proposer shall in no way limit the responsibility to indemnify, hold and save harmless, and defend the City, CRA, and its officers, employees, agents, and instrumentalities as herein provided.

The indemnification provided above shall obligate the Successful Proposer pre- and post-construction to defend, at its own expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the CRA’s option, any and all claims of liability and all suits and actions of every name and description, which may be brought against the City and CRA, whether performed by the Successful Proposer, or persons employed or utilized by the Successful Proposer. These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended.

The Successful Proposer shall require all sub-contractor agreements to include a provision that each sub-contractor will indemnify the City and CRA in substantially the same language as this Section. The Successful Proposer agrees and recognizes that the City and CRA shall not be held liable or responsible for any claims which may result from any actions or omissions of the Successful Proposer in which the City and CRA participated either through review or concurrence of the Successful Proposer's actions.

In reviewing, approving or rejecting any submissions by the Successful Proposer or other acts of the Successful Proposer, the City and CRA in no way assumes or shares any responsibility or liability of the Successful Proposer or sub-contractor under this Contract.

Ten dollars ($10) of the payments made by the CRA constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Successful Proposer.

Insurance

Without limiting any of the other obligations or liabilities of the Successful Proposer, the Successful Proposer shall provide, pay for, and maintain in force until all of its Work to be performed under this contract has been completed and accepted by CRA (or for such duration as is otherwise specified hereinafter), the insurance coverages set forth herein and specified in Exhibit C.

The policies, as specified in Exhibit C, shall provide the CRA with written notice of cancellation or material change from the insurer not less than thirty (30) calendar days prior to any such cancellation or material change. If the initial insurance expires prior to the completion of the Work, renewal copies of policies shall be furnished at least thirty

(30) calendar days prior to the date of their expiration.

The Successful Proposer shall furnish to the CRA the Certificates of Insurance or endorsements evidencing the insurance coverage specified above within fifteen (15) calendar days after notification of award of the contract. The required Certificates of Insurance shall name the types of policies provided, refer specifically to this contract, and state that such insurance is as required by this contract.

The official title of the Owner is the Omni Redevelopment District Community Redevelopment Agency. This official title shall be used in all insurance documentation.

The City and CRA shall be listed as an additional insured where applicable.

Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above to the Successful Proposer:

The company must be rated no less than “A-” as to management, and no less than “Class V” as to Financial Strength, by the latest edition of Best’s Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and/or certificates of insurance are subject to review and verification by City’s Risk Management prior to insurance approval.

The City’s Risk Administrator or their authorized designee reserves the right to require modifications, increases, or changes in the required insurance requirements, coverage, deductibles or other insurance obligations by providing a thirty (30) calendar day written notice to the Successful Proposer in accordance with Section 3, General Terms and Conditions, Article 3, Notices. The Successful Proposer shall comply with such requests unless the insurance coverage is not then readily available in the national market. An additive or deductive change order will be issued to adjust the contract value as necessary. For insurance bonding issues and decisions, the Omni CRA shall act through its Risk Administrator (unless otherwise stated).

Performance and Payment Bond

Where required by the contract documents or by Florida Statutes, the Successful Proposer shall within fifteen (15) calendar days of being notified of award, furnish a Performance/Payment Bond (“Bond”) containing all the provisions of the attached Performance/Payment forms.

Each Bond shall be in the amount of one hundred percent (100%) of the contract value guaranteeing to Omni CRA the completion and performance of the Work covered in the contract documents as well as full payment of all suppliers, laborers, or Subcontractors employed pursuant to this project. Each Bond shall be with a surety, which is qualified pursuant to Article 8, Qualification of Surety.

Each Bond shall continue in effect for one year after final completion and acceptance of the Work with liability equal to one hundred percent (100%) of the contract value, or an additional bond shall be conditioned that the Successful Proposer will, upon notification by the Omni CRA, correct any defective or faulty work or materials which appear within one year after final completion of the Work.

The CRA must be listed as an Obligee.

Pursuant to the requirements of Section 255.05(1), Florida Statutes, as amended from time to time, the Successful Proposer shall ensure that the Bond(s) referenced above shall be recorded in the public records and provide the Omni CRA with evidence of such recording.

Alternate Form of Security:

In lieu of a Performance/Payment Bond, the Successful Proposer may furnish alternate forms of security, which may be in the form of cash, money order, certified check, cashier's check, or unconditional letter of credit. Such alternate forms of security shall be subject to the prior approval of the Omni CRA and for same purpose and shall be subject to the same conditions as those applicable above and shall be held by the Omni CRA for one year after completion and acceptance of the Work.

All Performance/Payment Bonds or securities must be delivered to:

Attn: Charice Codio

OMNI CRA

1401 N. Miami Avenue, 2nd Floor Miami, Florida 33130

Public Entity Crime A person or affiliate who has been placed on the convicted Proposer 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 response on a contract with a public entity for the construction or repair of a public building or Public Works project, may not submit a response on a lease 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 Florida Statutes for Category Two for a period of thirty-six (36) months from the date of being placed on the convicted Proposer List.

Fraud and Misrepresentation Any individual, corporation, or other entity that attempts to meet its contractual obligations with the Omni CRA through fraud, misrepresentation or material misstatement, or omission of any material fact, may be debarred for up to five (5) years in accordance with the applicable provisions of the City Code. The Omni CRA as a further sanction may terminate or cancel any other Contracts with such individual, corporation, or entity. Such individual or entity shall be responsible for all direct or indirect costs associated with termination or cancellation.

Proposer in Arrears or Default The Successful Proposer represents and warrants that the Successful Proposer is not in arrears to the Omni CRA and is not a defaulter as a surety or otherwise upon any obligation to the Omni CRA. In addition, the Successful Proposer warrants that the Successful Proposer has not been declared “not responsible” or “disqualified” by, or debarred from doing business with any state or local government entity in the State of Florida, the Federal Government or any other State/local governmental entity in the United States of America, nor is there any proceeding pending pertaining to the Successful Proposer’s responsibility or qualification to receive public agreements. The Successful Proposer considers this warrant as stated in this Article to be a continual obligation and shall inform the Omni CRA of any change during the term of the contract.

The Omni CRA shall not consider and shall deem as non-responsible, proposals submitted by The Successful Proposer where the Omni CRA has determined that the Successful Proposer is in monetary arrears, or otherwise in debt or in default to the Omni CRA, at the time and date proposals are due.

VI. REGULATORY PROCESS

The specific plans for the site will require various permits and approvals. Each respondent to the RFP is responsible for determining which permits and approvals will be required for development and operation of the site. The successful Proposer shall be responsible for acquiring all required permits, licenses, and approvals from all agencies with jurisdiction, including, but not limited to, the Omni CRA, Miami-Dade County, the State of Florida, federal agencies and all public utilities. Additionally, all improvements must comply with all applicable building, fire, zoning, health and other code requirements.

VII. REVIEW AND SELECTION PROCESS

Rejection of proposal The Omni CRA reserves the right to accept any responsive proposal, waive any non-material irregularities in any proposal, to cancel any or all proposals before opening, to reject any or all proposals after opening and/or to re-advertise for proposals.

Minimum qualification requirements and standards (Pass or Fail) Procurement staff will review each submission for compliance with the submission requirements of the solicitation, including verifying that each submission includes all documents required. Proposers interested in responding to this Request for Proposals must provide information regarding their qualifications and experience, key personnel’s experience, and information regarding previous similar projects for the Proposer’s firm, any subcontractor(s), any team members, and/or proposed personnel.

Each respondent is mandated to meet the minimum qualification requirements below to receive further consideration of their proposal. Proposers must:

• Have a current certified General Contractor License issued by the State of

Florida or a current certified Building Contractor license issued by the State of Florida with a minimum of three (3) years’ experience in the construction of residential properties, including, but not limited to, single-family homes, twin homes, and /or multifamily homes.

• Not have any member, officer, or stockholder that is in arrears or in default of any debt or contract involving the CRA, is a defaulter or surety upon any obligation to the CRA, and/or has failed to perform faithfully any contract with the CRA;

• Not have defaulted or have any unsuccessful projects (as deemed by CRA administration) in the City;

• Have sufficient financial support, personnel, and organization to ensure that it can satisfactorily execute the services if awarded a contract/agreement under the terms and conditions herein stated;

• Have no record of judgments, bankruptcies, pending lawsuits against the CRA or criminal activities involving moral turpitude and not have any conflicts of interest that have not been waived by the CRA; and

• Not have any member, officer, or stockholder that is in arrears or is in default of any debt or contract involving the CRA, nor be a defaulter surety otherwise, upon any obligation to the CRA, and/or has failed to perform faithfully on any previous contract with the CRA.

Evaluation Committee The CRA Executive Director shall appoint an Evaluation Committee (“Committee”) to evaluate each responsive proposal. The Committee shall consist of an appropriate number of qualified professionals, each possessing relevant experience and expertise necessary to evaluate the proposals. In this process, the Committee shall rely on the documentation submitted in the proposal.

The Committee shall use the specific evaluation criteria as defined below and according to the scoring summaries included on the scoring sheets. Each Committee member shall evaluate each proposal specifically noting the level of detail given to criteria of critical importance to the Omni CRA and assign a numerical score accordingly. Each Committee member shall determine a rank order based upon the numeric score achieved. The Committee shall arrive at a rank order of proposals based on the individual member’s vote of its rank order.