The Boynton Beach Community Redevelopment Agency by yaoyufang

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            The Boynton Beach Community Redevelopment Agency
              Developer Qualification and Proposal Solicitation
                           Ocean Breeze West Site
                       City of Boynton Beach, Florida

Project Description

The Boynton Beach Community Redevelopment Agency (CRA) is seeking qualifications
and proposals for the construction, buyer qualification and sale of 21 single-family homes
on a platted 4.5 (+/-) acre site known as “Ocean Breeze West located within the Heart of
Boynton neighborhood. Site development improvements are being undertaken by the
CRA and are expected to be completed by July 2011.

Community and Economic Setting

The City of Boynton Beach, with a population of about 63,000, 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 tri-county
Miami-Dade/Broward/Palm Beach Metropolitan area.

By virtue of its location, 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 neighborhood 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.

The neighborhood has two magnet elementary schools. The City recently constructed a
$10M community facility with a pool and school after-care programs. Additionally, the
City just completed a streetscape beautification project along Seacrest Boulevard.

The Heart of Boynton Community Redevelopment Plan represents the second of the five-
part CRA plan update. The area consists of approximately 338 acres located immediately
north and west of the historic downtown core of the city. According to the 2000 census,
the area contained 3,193 people, 89 percent of whom were African-American with a
median household income of approximately $27,100.

Given the location, history and demographic makeup of the community, there is a natural
concern that redevelopment would mean “gentrification” and displacement of existing
residents. Therefore, applicants to this RFQ/RFP should address this when responding to
the RFQ/RFP.




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Responses to the RFQ/RFP will be scored on the following criteria:

    1. Demonstrable, readily available capital either in cash flow, line of credit or cash
       on hand to ensure completion of the project.          Up to 20 Points

    2. Experience in assisting                low-to-moderate         income families in             attaining
       homeownership.                                                     Up to 15 Points

    3. Experience in assisting low-to-moderate income families to become qualified for
       mortgages.                                       Up to 10 Points

    4. Experience with providing home buyer counseling and follow-up for first-time
       buyers.                                        Up to 5 Points

    5. Experience with design and construction of single-family homes under the Florida
       Building Code at price points affordable to families earning between 50 to 120%
       of median household income with limited or nor corresponding dispute, default,
       arbitration or initiation.                         Up to 10 Points

    6. Quality of proposed design of the homes and the overall design of the subdivision
       including signage, landscaping and lighting. The following are the design
       requirements of the subdivision and homes:
              a.      Design of the single-family homes should be consistent with the
                      design recommendations of the Heart of Boynton Community
                      Redevelopment        Plan:    http://www.boyntonbeachcra.com/wp-
                      content/themes/BoyntonBeachCRA/downloads/heartofboyntonsch
                      ematic.pdf
              b.      All homes shall include, at a minimum three bedrooms, two full
                      bathrooms, a one-car garage, a living room, dining room, full
                      kitchen and a master bedroom with walk-in closet and attached
                      bathroom.
              c.      The following appliances shall be included and must be Energy
                      Star rated:
                       i.     Refrigerator
                       ii.    Oven/Range
                       iii. Built-in microwave oven
                       iv. Dishwasher
                       v.     Washer
                       vi. Dryer
                      vii.    Water heater
                      viii. Irrigation pump if a well is required by the City.
                      ix.     Central air conditioning/heating.
              d. Ceramic tile throughout the hallways, kitchen, dining area and
                  bathrooms. Carpet in the living room and bedroom.
              e. All windows shall be Dade County hurricane rated.




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                  f. The roof shall be constructed of standing seam metal and warranteed
                     for a minimum of thirty years.
                  g. Xeriscape landscaping and irrigation that exceeds the minimum
                     requirements of the City code.
                  h. The subdivision design shall include at a minimum two lighted
                     monument entry signs, a fenced, landscaped buffer along Seacrest
                     Boulevard and streetlights throughout the subdivision.
                  i. There shall be a minimum of three different housing designs and five
                     different color schemes.
                  j. A rear patio of poured concrete at a minimum size of 15’ X 20’ shall
                     be included at each home.
                                                              Up to 20 Points

    7. Inclusion of local businesses and residents in the design, construction, marketing
       and sale of the project and project units.              Up to 10 Points

    8. Written commitment to complete the project by September 30, 2012.
                                                         Up to 10 Points

TOTAL POSSIBLE POINTS                                                        100

CRA Commitment to the Project

The purpose of the CRA is to encourage redevelopment and civic improvements in its
designated area. The Community Redevelopment Plan enables the area to generate tax
increment revenue that can be used for a variety of activities associated with the
redevelopment of the Heart of Boynton community.

The CRA will entertain offers for the 21 lots at below market value if the quality of the
proposal is such that the benefit to the community exceeds the value of the land.

Documents Available For Review

To better understand the CRA’s objectives, as well as the opportunities and constraints
for redeveloping the site, the following documents are available in electronic format and
may be retrieved from the CRA at: http://www.boyntonbeachcra.com

Heart of Boynton Community Redevelopment Plan
Heart of Boynton Master Plans & Schematic Designs
City of Boynton Beach Ordinance 07-008 (disclosure of lobbying)

All proposals must include a certification by the Proposer that the Proposer has reviewed
the foregoing listed documents and that the Proposal complies with the objective set forth
in those documents.




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Submission Criteria

Sealed developer qualifications and proposals must be received by the Boynton Beach
Community Redevelopment Agency at 915 S. Federal Highway, Boynton Beach, Florida
33435, no later than 3:00 p.m. (E.S.T.) on May 27, 2011. Faxed proposals will not be
permitted.

The failure to strictly meet this deadline will result in the submittal being rejected
and returned unopened. 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.

All of the following information must be submitted or the proposal will not be considered
(original plus twelve (12) copies of all documents and a disk containing the submission
documents):

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. If the selected development entity 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. If the proposing entity is a partnership, please include the corporate
information for both entities. If a corporation, provide a corporate resolution authorizing
submission for the proposal. If a partnership, provide signature of the managing partner
authorizing submission for the proposal.

3. A list of team members and their professional qualifications along with a list of
projects on which they have actively participated.

4. A written list of similar projects developed by the entity including photographs,
addresses, date the projects were completed, project pricing and general project
description.

5. A written description of the proposing entities first-time homeownership program,
along with any program documents, and an explanation of how many homebuyers the
entity has assisted in achieving homeownership. Provide details on how the entity works
to qualify potential home buyers for mortgages. Explain how the entity assists home
buyers to prevent foreclosure after the purchase of a home. If the proposing entity is
approved as an authorized Community Housing Development Organization please
provide proof of certification.

6. A detailed description of the proposed project, with text and graphics. This should
include subdivision improvements, home designs, typical floor plans and elevations. If
the project is to be phased, please describe the phasing plan and how the proposing entity



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will substantially complete the project by September 30, 2012. Successful proposer will
present site plan and home designs to the CRA Board at a public meeting for final
approval prior to applying for construction permits.

7. A detailed cost estimate of the project, including required site plan improvements.

8. Proof of financial ability to complete the project. This can be in the form of bank
statements, lines of credit, lender letter of commitment or audited financial statements.
Financial information should be submitted in a separate, sealed envelope or package and
marked ‘confidential’.

9. A written commitment to sell 6 of the homes to families earning between 80-120% of
median household income and 15 of the homes to families earning between 50-79% of
median household income for Palm Beach County. Successful proposer will provide
buyer income verification to the CRA upon the sale of each home.

10. A description of the efforts the proposing entity will take to use local residents and
business in the development of the project.

11. A signed written statement to purchase the property indicating the proposed purchase
price along with a statement of willingness to execute a Development Agreement within
ninety (90) days of selection if selected as the qualified proposer. Any Development
Agreement (“Agreement”) will contain performance criteria, agreements for time
limitations for having funding in place and construction to commence, 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.

12. A signed statement attesting that the respondent has read and understands all
procedures of this RFQ/RFP.

13. Signed and completed Certification of Drug Free Workplace Program form.

13. A PowerPoint presentation, consisting of 10 slides.

14. A list of all individuals who have been or will be engaged to lobby on behalf of the
Proposer.

Offering

The CRA is offering to a qualified, affordable housing developer a platted, site improved
4.6 acre area (See Attached Site Map), located along the west side of Seacrest Avenue.
The site is platted and approved for 21 single-family lots. The CRA is currently
undertaking the site improvements of water, sewer, drainage and streets.




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It is expected that the new development will compliment (not replicate) the existing
physical character of the community. Accordingly, the style, color and building materials
should reflect the sub-tropical characteristics of south Florida and the Caribbean
(Floribbean). Proposed designs should be consistent with the adopted Heart of Boynton
Community Redevelopment Plan and Schematics available on the CRA website at:

                            http://www.boyntonbeachcra.com/wp-
                            content/themes/BoyntonBeachCRA/downloads/heartofboyntonsch
                            ematic.pdf
Process

All proposals shall be preliminarily reviewed by the CRA staff for compliance with the
requirements of submittal. All proposals which fail to meet the submission requirements
shall be rejected by the Interim Executive Director and the proposer notified by certified
mail of the grounds for the rejection of the proposal.

Responses to this RFP shall be ranked by CRA staff using the scoring criteria outlined
above. CRA staff shall forward the ranking information to the CRA Board. The CRA
Board will conduct a public hearing, consider the CRA staff recommendation and the
presentations by all Proposers, select a proposer and direct that negotiations with the
selected Proposer commence.

If only one qualified proposal is received, the CRA Board shall either direct that
negotiations with the sole Proposer commence or withdraw the Request for Proposal.

Proposers will make their presentation before the Board of the CRA. PowerPoint
presentations are required and (12) printed copies of the presentation shall be made
available at the meeting.

Following the public presentations, a Proposer will be selected by the CRA Board. The
CRA and the successful proposer will commence negotiation of a Development
Agreement for the land. Should a Development Agreement satisfactory to both parties
not be able to be agreed upon within ninety (90) calendar days of the selection of the
successful proposer, the negotiations shall be deemed unsuccessful and terminated. Upon
termination, the CRA shall have the right to initiate negotiations with the second ranked
Proposer or to resubmit the project for requests for proposals.

There are two phases of the RFP process. Phase One commences with the announcement
of the RFP and ends with the submission of proposals. Phase Two begins following
submission of the proposals.

During Phase One of the RFP process all communications from Proposers, whether direct
or indirect, shall be through the CRA Interim Executive Director or her designee. Only
e-mail correspondence through the Interim Executive Director will be accepted in Phase
I. Proposers shall have no communication, directly or indirectly with members of the
CRA Board during Phase One. Communications to the Interim Executive Director or her



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designee are exclusively for clarification regarding procedures and objectives. All
communications between the Interim Executive Director or her designee and a Proposer
shall be documented by the CRA staff members who engage in the communications.

During Phase Two Proposers may communicate with members of the CRA Board
provided they do so in compliance with the City of Boynton Beach Lobbying Ordinance,
Ordinance 07-008.

Communication with any individuals in violation of the foregoing restrictions may result
an individual or firm to be disqualified from participating in the development solicitation
when such communication is determined by the Board of the CRA to have materially
affected the RFP process.

All questions or inquiries should be directed to brooksvil@bbfl.us

Anticipated Schedule and Sequence of Events:

All dates, with the exception of the Pre-submission and RFP submission dates are
tentative.

RFP submission deadline:                                   Friday, May 27, 2011, 3:00 pm

Completion of Staff review
for compliance with submission requirements:                    June 3, 2011

Distribution of Rankings to CRA Board                      Friday, June 10, 2011

Presentations to and Selection of Proposer
by CRA Board                                               Tuesday, June 14, 2011 at 6:00 p.m.

Contacts

All correspondence and requests for information regarding the Heart of Boynton
community, in general, and this project in particular, should be directed to:

Vivian Brooks
Executive Director
Boynton Beach Community Redevelopment Agency
915 S. Federal Highway
Boynton Beach, Florida 33435
Phone: (561) 737-3256
Fax: (561) 737-3258
brooksvi@bbfl.us




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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 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 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 reply to this RFP 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, 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.




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Public Records

Florida law provides that records of a public agency shall at all times be open for
personal inspection by any person. Section 119.01, F.S., the Public Records Law.
Information and materials received by the CRA, in connection with a submittal shall be
deemed to be public records subject to public inspection. However, certain exemptions
to the public records law are statutorily provided for in Section 119.07, F.S. If the
Proposer believes any of the information contained in its Submittal of Proposals is
exempt from the Public Records Law, then the Proposer must in its response specifically
identify the material which is deemed to be exempt and cite the legal authority for the
exemption and the CRA will evaluate the material to determine whether it is exempt from
the Public Records Law. Otherwise, the CRA will treat all materials received as public
records.

Public Entity Crimes

“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 287.017, for CATEGORY TWO for a period of 36 months
from the date of being placed on the convicted vendor list.”

Drug Free Workplace Certification

All Proposers must complete and sign the attached “Drug Free Workplace Certification
by Vendor”, and submit it with their Proposals. Failure to do so may result in rejection of
your proposal.




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CERTIFICATION OF DRUG FREE WORKPLACE PROGRAM

I certify the firm of __________________________________ responding to this RFP
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,
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)__________________________________________




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                                              EXHIBIT A
                                           Plat Map of Parcel




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