The Boynton Beach Community Redevelopment Agency Request for Proposals and Developer Qualifications

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1 The Boynton Beach Community Redevelopment Agency Request for Proposals and Developer Qualifications For the Development of a /- Acre Site City of Boynton Beach, Florida Issue Date: June 16, 2016 Pre-Submittal Meeting: June 30, 2016 at 11:00 a.m. at the CRA Office Submittal Deadline: July 21, 2016, no later than 3:00 p.m. Project Description The Boynton Beach Community Redevelopment Agency (CRA) is issuing a request for qualifications and proposals (RFP/RFQ) for the redevelopment of an approximately 2.97 (+/-) acre site comprised of publicly and privately owned land located within the Heart of Boynton community. The site is located on the south side of East Martin Luther King Jr. Boulevard, east of North Seacrest Boulevard (See Attachment A for location of site.) Proposals must be consistent with recommendations made within the CRA s Heart of Boynton Community Redevelopment Plan Update, (Plan) which is available on the CRA s website, under the Plans and Studies heading. The goals of the Plan are to leverage the publicly owned real estate asset to support the redevelopment of the area, to increase the residential opportunities in the area, and to provide quality public enhancements that improve the recreational, economic, and cultural quality of life for residents. Community and Economic Setting The City of Boynton Beach, with a population of 71,000, is the third largest city in Palm Beach County, Florida. It is located approximately 45 miles north of Miami and 15 miles south of West Palm Beach. This puts it in the heart of southeast Florida s rapidly growing tri-county Miami-Dade/Broward/Palm Beach Metropolitan area. Boynton Beach has direct access to the Intracoastal Waterway, Interstate 95 and the Florida Turnpike. It also has a market of more than 6 million people within a two-hour radius and ready access to three international airports, two major rail lines, as well as the Tri-Rail regional commuter rail system. The Heart of Boynton is bounded to the west by I-95, Federal Highway to the east, the Boynton Beach Canal (C-16) to the north and Boynton Beach Boulevard to the south. Seacrest Boulevard runs north-south through the center of the community. RFP-RFQ MLK South

2 The Heart of Boynton Community Redevelopment Plan represents the second of the fivepart CRA plan update. The area consists of approximately 338 acres located immediately north and west of the historic downtown core of the city. In 2013, the area contained 2,760 people, 90 percent of whom were African-American with a median household income of approximately $20,848. Over the past ten years there has been approximately $28 million of public investment into the Heart of Boynton community in property acquisition, construction of new homes and rehabilitation of existing homes. Some of the projects are: The City of Boynton Beach completed the redevelopment of the Carolyn Sims Park for a total of $10million. The park is located at NW 12 th Avenue and is the center of neighborhood activities. The City is also invested $1.5 million of Federal stimulus dollars into the Seacrest Avenue corridor from Boynton Beach Boulevard north to the C-16 canal to create an attractive streetscape with new lighting, landscaped medians and public art. The CRA in partnership with non-profit housing development corporations redeveloped a 4.5 acre site at Seacrest and 6 th Avenue with 21 single-family homes. The City and CRA are currently partnering on developing a block of new singlefamily homes at NW 10 th Avenue and Seacrest. The project includes upgraded streetscapes and utilities. In 2015, the CRA partnered with Boos Development Group to create the first new retail development in the neighborhood in over 45 years. The Family Dollar opened in 2016 at the SE corner of Seacrest Blvd. and Martin Luther King, Jr. Blvd., giving residents the opportunity to shop for brand name products at a reasonable price. The CRA has been assembling land to enlarge and improve Sara Sims Park at the SW corner of Martin Luther King, Jr. Blvd. and Seacrest. A master plan has been developed and several blighted structures have been removed. Site Details The site is /- acres of which /- acres are owned by the Boynton Beach Community Redevelopment Agency and /- acres are privately owned (please see Attachment B for map showing ownership pattern of the site). Six parcels within the project site are owned by three separate private owners. Proposers are strongly encouraged to include a strategy to acquire the private parcels to create a unified site plan. RFP-RFQ MLK South

3 There are no structures on the publicly owned property. However, there are structures on two of the privately held properties: a multifamily rental with four units and a small retail plaza. The site area has a current land use of Mixed-Use and the zoning is Mixed-Use Low 2. This allows 40 dwelling units per acre with 45 building height. Retail is not required in the proposal. However, given the close proximity to the Family Dollar, some small neighborhood retail space adjacent to Family Dollar would be welcome. RFQ/RFP Submission Criteria Developer qualifications and proposals must be received by the Boynton Beach Community Redevelopment Agency at 710 N. Federal Highway, Boynton Beach, Florida 33435, no later than 3:00 p.m. (E.S.T.) on July 21, Faxed and ed proposals will not be accepted. All proposals will be date and time stamped by the CRA. The failure to strictly meet this deadline or any application missing any element of the submission criteria will result in the submittal being rejected and returned. Any question regarding whether a submittal has been submitted timely shall be resolved by reference to the time kept at the CRA office by the CRA s receptionist or other delegated representative for the receipt of the submittals. Number of Copies In total, one (1) original Proposal document should be submitted in a three ring binder with a title page listing the name of the RFP/RFQ and the submitting Proposer and two (2) unbound but clipped copies of the Proposal or Qualifications (collectively, Proposal). In addition, one (1) digital copy of the complete Proposal in PDF format on CD/DVD or thumb drive must be submitted. Facsmile or ed copies of the Proposal will not be accepted. Proposals shall be clearly marked on the outside of the envelope or delivery box container as follows: Request for Proposal and Developer Qualifications and Proposals Ocean Breeze East Project Site Issue Date: June 16, 2016 Submittal Deadline: July 21, 2016, no later than 3:00 p.m. PROPOSER(S) INFORMATION Proposers must include the following information in their proposals: Name: Street Address: Mailing Address (if different): City, State, Zip: Telephone No. : Fax No: Address of Contact Person: RFP-RFQ MLK South

4 Ownership Status - Is the company currently for sale or involved in any transaction to expand or to be acquired by another business entity? If yes, please explain the impact to the organization and management efforts. Age of Organization In continuous business since: Leadership - List Corporate Officers, Principals, Partners or owners of your Organization (collectively, principals) with titles and addresses. If a publically held company, list Chairman of the Board, CEO, and President: Federal Identification No.: State of Incorporation & Registration No.: If not a corporation, explain your status: Proposal Submission Requirements All of the following documents must be submitted or the Proposal will not be considered sufficient for consideration and will be rejected: 1. A written general statement of the qualifications of the proposing firm or entity, including examples of experience with similar projects, as well as background information on the Principals. A copy of the most recent Federal Form 254 should be provided, if available. If the selected proposer is a public corporation, it may also be asked to provide copies of its annual report or SEC filings as appropriate. 2. A certificate of good standing from the Secretary of State in which the corporation does business. 3. A list of team members and their professional qualifications along with a list of similar projects on which they have actively participated. Provide no less than four and no more than ten projects for this item. 4. A written list of similar projects developed by the entity including photographs, addresses, date the project was completed and general project description. Provide no less than four and no more than ten projects for this item. 5. A detailed description of the proposed project, with text descriptions and graphics. This should include a schematic site layout plan, proposed density, parking locations, typical floor plans, elevations as well as the items listed in the Site Plan Requirements section of this RFP/RFQ document. 6. List of the number of units and types, including number of bedrooms and bathrooms, and square footage for each unit type. Describe if the proposal project will be rental or for sale units. Please estimate the number of units and RFP-RFQ MLK South

5 type of units that will meet HUD s definition of affordable housing categories, if any. 7. Provide both a development and operating pro forma. The development pro forma shall include and clearly identify the cost of land acquisition from the CRA along with proposed funding assistance being requested of the CRA, if any. 8. If the project is proposed to use Low-Income Tax Credits or other project based subsidies, the Proposer must demonstrate extensive experience with obtaining such project-based subsidies for affordable housing by listing projects, the amount and type of subsidy utilized. 9. A program description of how the Proposer will make attempts to utilize local residents, qualified contractors and sub-contractors in the development, construction, operation and management of the proposed project, along with a signed written statement committing to the use of the described program if selected. 10. A signed written statement to purchase the property indicating the proposed purchase price along with a statement of willingness to execute a Purchase and Development Agreement within ninety (90) days of selection if selected as the qualified proposer. Any Purchase and Development Agreement ( Agreement ) will contain performance based criteria and milestone timelines for items such as securing debt funding, formal site plan application, commencement of construction, limitations on transferability or assignability of the Agreement without prior approval from the CRA, termination provisions for failure to meet the criteria listed, and other provisions to adequately define the rights, duties and obligations of the parties. 11. A preliminary commitment letter from a credible lending institution to fund the purchase of the property. 12. Proof of financial capability to complete the proposed project. Financial information should be submitted in a separate, sealed envelope or package and marked confidential. Financial information will be accepted only from the proposer. 13. A letter attesting that the proposer has read and understands all procedures of this RFP/RFQ. 14. A promotional PowerPoint presentation of the Proposal, consisting of 10 to 15 slides. RFP/RFQ Submission Evaluation & Selection Process A five-member Evaluation Committee comprised of the CRA Director or her appointee, a member of the City of Boynton Beach s Planning and Zoning staff, and three residents of the Heart of Boynton appointed by the CRA Board. The CRA staff shall review each Proposal and make a determination as to whether each Proposal meets the minimum submission requirements for review by the Evaluation Committee. Once CRA staff determine which proposals are sufficient, the Evaluation Committee will continue the RFP-RFQ MLK South

6 review process by providing an evaluation and ranking of the sufficient Proposals based upon the following criteria: 15 Points: Experience in completing comparable development projects within local markets similar to the project area. 15 Points: Ability to proceed immediately from a financial and organizational perspective. 10 Points: Ability and experience in bringing additional subsidies to the project other than CRA. 10 Points: Experience in the property management of multifamily developments. 20 Points: Project s adherence to the goals and objectives of the RFP/RFQ and referenced CRA planning documents, including project design, resident amenities and public benefits. 20 Points: Proposed purchase price, development and operating pro forma. 10 Points: Commitment to use local residents in the development of the project. 100 TOTAL POSSIBLE POINTS The highest ranking proposers will present their PowerPoint slide presentation before the CRA Advisory Board at their regular meeting on August 4, 2016 at 6:00 p.m. The CRA Advisory Board advises and makes recommendation to the CRA Board. The three highest ranking proposers will also present their PowerPoint slide presentation before the Board of the CRA at their regularly scheduled meeting on August 9, 2016 at 6:30 p.m. Both of these meetings will be held in the City Commission Chambers at City Hall located at 100 E. Boynton Beach Boulevard. At the conclusion of the public presentations, a proposer may be selected by the CRA Board. However, the CRA is under no obligation to select a proposer regardless of their score and can opt to terminate the RFP/RFQ process at their sole discretion. The CRA and the successful proposer will then negotiate a Purchase and Development Agreement for the land. If the CRA and the successful proposer are not able to agree upon a Purchase and Development Agreement satisfactory to both parties within ninety (90) days of the selection of the successful proposer, either party shall have the right to terminate the negotiations. Upon termination, the BBCRA shall have the right to resubmit the project for Requests for Proposal and Qualifications with no further obligation to the Proposer chosen at the August Board meeting. It will be necessary for responding parties to comply fully with the general terms and conditions outlined in this document if they are to be considered. Answers to Questions It is expected that there will be no communication with parties other than those specifically noted herein and such communication will be exclusively for clarification regarding procedures and objectives. The CRA prohibits communication to or with any department, bureau or employee of the CRA at the City of Boynton Beach during the submission process. Communication with any parties for any purposes other than those expressly described herein may cause an individual or firm to be disqualified immediately from participating in this RFP/RFQ process. Proposers are required to restrict all contact, questions and requests for clarifications regarding this RFP/RFQ to the named individual(s) listed in Contacts below. All such requests must be submitted in RFP-RFQ MLK South

7 writing via or fax and may be submitted at any time but no later than 5:00 pm, on July 15, Anticipated Schedule and Sequence of Events The CRA has established a schedule for submitting qualifications and proposals and for completing selection of the preferred Proposer. Proposers shall assume full responsibility for the timely delivery of the qualifications. Qualifications received after the deadline stated will not be considered. The CRA however, reserves the right to amend milestone dates. Schedule of Events Issue Date: June 16, 2016 Pre-proposal meeting: June 30, 2016, 11 a.m. at CRA office Submittal Deadline: July 21, 2016, by 3:00 p.m. Proposal Minimum Submission Evaluation: July 22, 2016 Presentation to CRA Advisory Board: August 4, 2016 at 6:00 p.m. Presentation to CRA Board: August 9, 2016 at 6:30 p.m. Contacts All correspondence and requests for information regarding the Heart of Boynton community in general, this RFP/RFQ and this project in particular, should be directed to: Vivian Brooks, Executive Director Boynton Beach Community Redevelopment Agency 710 N. Federal Highway Boynton Beach, Florida brooksvi@bbfl.us Phone: (561) Fax: (561) Cone of Silence Per Palm Beach County Code Section 2-355, after the deadline to respond to this RFP/RFQ, members of the CRA Board and Staff not listed in Section 2.10 are prohibited from communicating directly or indirectly with Proposers regarding the substance of the Proposal submittals until such time as the BBCRA Board (1) awards or approves a contract, (2) rejects all Proposals, or (3) otherwise takes action which ends the solicitation process. Improper communication during this Cone of Silence period may result in a penalty as outlined in Palm Beach County Code Section Non-Discrimination The selected Proposer, its successors and assigns, agree that no person shall on the ground of race, color, disability, national origin, religion, age, familial status, sex, or sexual orientation be subjected to discrimination. Should such discrimination occur, the CRA will provide notice to the Proposer of a breach of this condition and thereafter, Proposer has 15 days to demand arbitration as to the claim of discrimination. The parties will then mutually agree to an arbitrator and if they cannot agree, the auspices of the American Arbitration Association will govern. This arbitration is independent of any other actions being taken by other agencies. However, a finding by any other agency or court that such discrimination has occurred may be relied upon by the CRA as conclusive RFP-RFQ MLK South

8 proof of a breach of this provision. If Proposer does not demand arbitration within 15 days, or if arbitration is conducted and it is determined by the arbitrator that discrimination occurred, the CRA shall have the right to terminate any such Agreement it has entered into with Proposer and pursue any and all other lawful remedies. Protests Any and all decisions by the CRA Board to modify the schedule described herein, requests for additional information, reject insufficient or unclear proposals, formulate an objective point system for review, rate and rank proposals, negotiate agreements, abandon negotiations, approve agreements, etc., shall be at the CRA s sole discretion and no protests whatsoever shall be considered by the CRA Board. Submittal of a Proposal in Response to this RFP/RFQ on the part of any all proposers constitutes acceptance of this policy. Formation of Contract The existence of a contractual relationship between the parties is contingent upon the terms and conditions of the contract being negotiated to the satisfaction of both parties and the execution of said contract by both parties. The contract documents shall include, but not be limited to, terms and conditions of this RFP/RFQ, the submitted proposal inclusive of qualifications, the negotiated services as agreed by both parties, and the ordering mechanism. Permits, Taxes and Licenses Proposer shall at its own expense obtain all necessary permits, pay all licenses, fees and taxes, required to comply with all local ordinances, state, and federal laws, rules and regulations applicable to the business to be carried on under the contract. Public Records The CRA is public agency subject to Chapter 119, Florida Statutes. The successful Proposer shall comply with Florida's Public Records Law. Specifically, the successful Proposer shall: 1. Keep and maintain public records that ordinarily and necessarily would be required by the CRA in order to perform the service; 2. Provide the public with access to such public records on the same terms and conditions that the CRA would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; 3. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 4. Meet all requirements for retaining public records and transfer to the CRA, at no cost, all public records in possession of the respondent upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the CRA in a format that is compatible with the information technology systems of the CRA. RFP-RFQ MLK South

9 The failure of respondent to comply with the provisions set forth in this RFP/RFQ shall constitute a Default and Breach of the Agreement. If the successful respondent fails to cure the default within seven (7) days notice from the CRA, the CRA may terminate the Agreement. Public Entity Crimes Statement A Person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit Proposals, bids or qualifications (as applicable), in response to a solicitation for said products/services in support of a public entity, and may not submit qualifications, a proposal or bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to 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 businesses with any public entity in excess of the threshold amount provided in Section , for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Drug Free Workplace Certification In accordance with Florida Statute , preference shall be given to Proposer(s) with drug free work programs. Whenever two (2) or more Proposals, which are equal with respect to price, quality and service, are received by the CRA or by any political subdivision for the procurement of commodities or contractual services, a Proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to receive such preference, the Proposer shall complete and submit with its Proposal the attached certification, Attachment "D," Drug Free Workplace Certification. Permits, Taxes and Licenses Proposer shall at its own expense obtain all necessary permits, pay all licenses, fees and taxes, required to comply with all local ordinances, state, and federal laws, rules and regulations applicable to the business to be carried on under the contract. RFP-RFQ MLK South

10 CERTIFICATION OF DRUG FREE WORKPLACE PROGRAM I certify the firm of responding to this RFP/RFQ maintains a drug-free workplace program, and that the following conditions are met: (1) We publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace; and specifying that actions will be taken against employees for violations of such programs. (2) We inform employees about the dangers of drug abuse in the workplace, the company s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) We give each employee engaged in providing the commodities or contractual services included in this RFP a copy of the statement specified in Subsection (1). (4) In the statement specified in Subsection (1), we notify the employee that, as a condition of working in the commodities or contractual services covered under this RFP/RFQ, they will abide by the terms of the statement; and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 893 or any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) We impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee s community, by any employee who is convicted. (6) We make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Authorized Signature: Date Name & Title (typed) RFP-RFQ MLK South

11 ATTACHMENT A Project Site Area Project Site

12 Attachment B Ownership of Project Site Boynton Beach CRA Alberta & Octavia Bell Larann/Larry Finklestein DJV/ David Thause (561) (561) (718)

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