RFP NC 19-8 - Lease and Development of Vacant Non-Aeronautical Land - North County General Aviation Airport.pdf

Palm Beach County Board of County Commissioners County Administrator Mack Bernard, Mayor Verdenia C. Baker Dave Kerner, Vice Mayor Hal R. Valeche Gregg K. Weiss Robert S. Weinroth Mary Lou Berger Melissa McKinlay Department of Airports www.pbia.org

REQUEST FOR PROPOSALS

RFP NO. NC 19-8

Palm Beach County Department of Airports is seeking proposals for:

LEASE AND DEVELOPMENT OF VACANT NON-AERONAUTICAL LAND

AT THE NORTH PALM BEACH COUNTY GENERAL AVIATION AIRPORT

Date issued/available for distribution: Thursday, May 2, 2019

Proposer shall submit one (1) unbound original and five (5) hard copies of the complete proposal, which must be received by Department of Airports no later than Thursday, June 13, 2019, at 3:30 p.m. local time. Proposers should also include one (1) electronic copy of the entire proposal in a PDF or similar format. See Section 1.8 of this RFP for mailing instructions.

Mandatory Pre-Proposal Conference: Tuesday, May 14, 2019, at 10:00 a.m. local time. See Section 1.5 of this RFP for the location of the Mandatory Pre-Proposal Conference.

ENVELOPE MUST BE IDENTIFIED WITH THE

DEADLINE DATE FOR SUBMISSION OF PROPOSALS AND THE RFP NUMBER.

C A U T I O N Amendments to this Request for Proposal will be posted on the Palm Beach County Purchasing Department’s Vendor Self Service (VSS) system which can be accessed at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService. As they are issued, all amendments to solicitations will be posted under the applicable solicitation on our VSS system. It is the proposer’s sole responsibility to routinely check the VSS system for any amendments that may have been issued prior to the deadline for receipt of bids.

Palm Beach County shall not be responsible for the completeness of any RFP document, amendment, exhibit or attachment that was not downloaded from the VSS system or obtained directly from the Department of Airports. A link to the VSS system is posted on the Palm Beach County Department of Airports website: http://www.pbia.org under “Airport Business”, “Airport Bids & RFPs”

IN ACCORDANCE WITH THE PROVISIONS OF ADA, THIS DOCUMENT MAY BE

REQUESTED IN AN ALTERNATE FORMAT

https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService http://www.pbia.org/ i | P a g e R F P N O . N C 1 9 - 8

RFP NO. PB 19-8

Table of Contents

SECTION 1 - GENERAL INFORMATION

1.1 ISSUING OFFICE

1.2 PURPOSE OF THE PROJECT

1.3 INTRODUCTION

1.4 OPPORTUNITY OFFERED

1.5 MANDATORY PRE-PROPOSAL CONFERENCE

1.6 QUALIFICATION OF PROPOSERS

1.7 TIMETABLE

1.8 PROPOSAL SUBMISSION

1.9 CONTACT PERSON

1.10 CONE OF SILENCE

1.11 ADDITIONAL INFORMATION/AMENDMENT(S)

1.12 DISCLAIMER

SECTION 2 - TERMS AND CONDITIONS

2.1 ADHERENCE TO REQUIREMENTS

2.2 MODIFIED PROPOSALS

2.3 WITHDRAWAL OF PROPOSALS

2.4 LATE PROPOSALS, LATE MODIFIED PROPOSALS

2.5 RFP POSTPONEMENT/CANCELLATION

2.6 COSTS INCURRED BY PROPOSERS

2.7 PROPRIETARY/CONFIDENTIAL INFORMATION

2.8 NEGOTIATIONS

2.9 RIGHT TO PROTEST

2.10 PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL

2.11 RULES; REGULATIONS; LICENSING REQUIREMENTS

2.12 EXCEPTIONS TO THE LEASE AGREEMENT

2.13 SELECTION PROCESS

2.14 AWARD

2.15 SELECTION CRITERIA

2.16 LEASE PROVISIONS (ATTACHMENT “19”)

2.17 INSURANCE REQUIREMENTS

2.18 PERFORMANCE BOND / LETTER OF CREDIT

2.19 COMMENCEMENT OF WORK

2.20 NON-DISCRIMINATION

2.21 DISCLOSURE OF OWNERSHIP INTEREST

2.22 VSS REGISTRATION REQUIRED .……………………………………….. 16

2.23 EQUAL BUSINESS OPPORTUNITY POLICY ..………………………….. 16

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SECTION 3 - PROPOSAL REQUIREMENTS

3.1 PROPOSAL FORMAT AND CONTENT

3.2 EXPERIENCE, QUALIFICATIONS AND FINANCIAL INFORMATION

3.3 PROJECT APPROACH

3.4 PROPOSAL RESPONSE FORM

3.5 PROPOSAL GUARANTEE

3.6 DRUG FREE WORKPLACE CERTIFICATION

SECTION 4 - SUMMARY OF SELECTED TERMS

4.1 TERM

4.2 OPERATION OF THE AIRPORT

4.3 ASSUMPTIONS

APPENDICES

APPENDIX “A” - PROPOSAL RESPONSE FORM

APPENDIX “B” - DRUG FREE WORKPLACE CERTIFICATION

APPENDIX “C” - DISCLOSURE OF OWNERSHIP INTEREST FORM

APPENDIX “D” - PROPOSAL CHECKLIST

ATTACHMENTS

ATTACHMENT “1” - LOCATION MAP

ATTACHMENT “2” - BOUNDARY SURVEY OF SDA (169.871 +/- ACRES)

ATTACHMENT “3” - MAP OF THE PROPERTY (142.50+/- ACRES)

ATTACHMENT “4” - SPECIFIC PURPOSE/TOPOGRAPHIC SURVEY (WETLANDS)

ATTACHMENT “5” - ENTITLEMENT INFORMATION/PROCESS

ATTACHMENT “6” - UTILITY INFORMATION - FPL

ATTACHMENT “7” - ENVIRONMENTAL SITE ASSESSMENT

ATTACHMENT “8” - DRAINAGE STATEMENT

ATTACHMENT “9” - AIRPORT LAYOUT PLAN

ATTACHMENT “10” - APPRAISAL OF THE PROPERTY

ATTACHMENT “11” - USACOE JURISDICTIONAL VERIFICATION

ATTACHMENT “12” - AIRPORT MASTER PLAN

ATTACHMENT “13” - INTERLOCAL AGREEMENT RESOLUTION R-90-194(D)

ATTACHMENT “14” - RESOLUTION 2010-0152

ATTACHMENT “15” - AIRPORT ZONING OVERLAY

ATTACHMENT “16” - TRAFFIC PERF. REVIEW ANALYSIS APPROVAL LETTER

ATTACHMENT “17” - TRAFFIC IMPACT STUDY

ATTACHMENT “18” - SELECTION CRITERIA/SCORING INSTRUCTIONS

ATTACHMENT “19” - EXAMPLE DEVELOPMENT SITE LEASE AGREEMENT

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SECTION 1

GENERAL INFORMATION

1.1 ISSUING OFFICE

This Request for Proposals (“RFP”) is issued by Palm Beach County, a political subdivision of the State of Florida (“County”), by and through its Department of Airports (“Department”). The Department is the SOLE point of contact concerning this RFP. All communications regarding this RFP must be done through the Department (See Section 1.9, Contact Person).

1.2 PURPOSE OF THE PROJECT

The Department is soliciting proposals from qualified and experienced firms for the lease and development of up to 142.5 + acres of unimproved non-aeronautical land (“Property”) generally located west of the Beeline Highway (State Road 710) and the CSX Railroad, west and north of their intersection with PGA Boulevard, and east of the entrance road to the North Palm Beach County General Aviation Airport (“Airport”).

The Department’s goals for this RFP are to:

• Provide for the development and operation of compatible commercial or industrial uses on the Property;

• Maximize the use of the Property; and

• Generate revenues to the County commensurate with the opportunity offered for the operation and maintenance of the County’s Airport System;

• Ensure compatibility with surrounding communities; and

• Encourage participation in the design and construction of improvements by small, minority and women-owned business enterprises.

1.3 INTRODUCTION

The North Palm Beach County General Aviation Airport is owned by the County and operated by the Department. Located along the southeast coast of Florida, Palm Beach County is Florida’s largest county, and the largest county east of the Mississippi River.

The Airport opened in 1994 and is the County’s newest airport. The Airport designation is “F45”. The Airport is a designated reliever for the Palm Beach International Airport (PBI) and serves both reciprocating engine and jet aircraft and has a maximum runway length of 4,300’. Runway 13/31 is 4,300’ long by 75’ wide and has a max weight limit of 30,000 lbs. The Airport currently has one fixed base operator, Signature Flight Support, which operates 24 hours a day. The Airport facilities at F45 consist of a 6,808 SF terminal with office space, 2 large hangars with offices, one of which is used as a storage hangar and one currently used as a maintenance hangar, and 176 aircraft storage hangars.

There is approximately 824,400 SF of aircraft apron with associated tie-downs. Both Jet- A and Avgas are available on the field. There are several businesses located on the Airport including both fixed wing and helicopter flight schools. The Airport is set on

2 | P a g e R F P N O . N C 1 9 - 8 approximately 1,832 acres, with over 1,100 being dedicated to environmental preserves that surround the Airport. Additional information concerning the Airport can be found on our website at http://www.pbia.org/about/general-aviation/international-gateway/.

There is an approved Airport Master Plan for the Airport that identifies two subsidiary development areas for airport and non-airport related uses. This RFP solicitation is for a portion of the larger northeastern Subsidiary Development Area (SDA) located to the north of the Airport terminal and northeast of the airport runways and north and east of the Airport entrance roadway (Aviation Boulevard). The southeasterly SDA, encompassing approximately 29 + acres at the southeast point of the Airport, is not part of this solicitation. A copy of the Airport Layout Plan is attached as Attachment “9”.

1.4 OPPORTUNITY OFFERED

The Department is soliciting proposals from qualified parties to lease and develop one (1) parcel of land for non-aeronautical purposes, and consistent with the operation of the Airport, containing approximately 142.5 + acres owned by the County, and managed by the Department. In the event that less than the entire 142.5 acre +/- parcel is proposed to be leased by a single proposer, one or more proposals may be accepted.

The Property is located generally north and east of Aviation Boulevard, and southwest of the Beeline Highway (State Road 710) and the CSX Railroad, north of PGA Boulevard, north of the Airport (hereinafter referred to as the “Airport”), in unincorporated Palm Beach County, Florida (a portion of Parcel Control Number: 00-41-41-34-00-000-5000). The Property is approximately one mile south of the C-18 Canal, and is within approximately one-quarter mile of the Caloosa residential subdivision. A general location map is attached as Attachment “1”. The Property will be leased for non-aeronautical purposes only, “AS-IS” with no warranties or representations of any nature, including, without limitation, any relating to wetlands and surface waters, access or the proposer’s ability to use the Property for any intended purpose. Information pertaining to the entitlement process for development of the Property is detailed in Attachment “5” to this RFP.

The gross area of the northerly SDA is approximately 169.871 + acres. The existing layout of Aviation Boulevard borders the entire SDA on the west and south; however, the existing layout of Aviation Boulevard lies within the Airport’s future Runway Protection Zone (“RPZ”), and will need to be relocated east. The remaining property, which is the subject of this RFP, is the net, available area of the SDA, lying outside of the future alignment of Aviation Boulevard, and contains approximately 142.5 + acres in size (the “Property”) (see Attachment “3”).

Proposers should be aware the Property contains a significant area of naturally occurring wetlands and surface waters. In 2008-2009, a wetland study was completed, resulting in an approved jurisdictional wetlands determination being issued by the U.S. Army Corps of Engineers (USACOE) dated February 6, 2009. A copy of the USACOE jurisdictional verification is included as Attachment “11”. A copy of the Specific Purpose and Topographic Survey used for support of the USACOE jurisdictional verification is attached as Attachment “4”. The Topographic Survey identified eleven (11) wetland pods totaling http://www.pbia.org/about/general-aviation/international-gateway/

3 | P a g e R F P N O . N C 1 9 - 8 approximately 70.118 + acres and six (6) surface water areas (ditches) totaling approximately 5.423 + acres. The Topographic Survey encompasses the entire 169.871 + acre SDA, and therefore a certain amount of the wetland and surface water areas would fall outside the limits of the Property, which is the subject of this RFP. The 2009 USACOE jurisdictional verification was valid for a period of five (5) years and has expired; therefore, the 2009 USACOE jurisdictional verification is provided primarily for informational purposes, and parties should not merely assume it may be updated with exactly identical results.

Impacts to wetlands on the Property will require mitigation. Because the Property is County-owned, it is anticipated that wetland mitigation alternatives may be available, at areas such as the Pine-Glades Natural Area. Based on discussions with Palm Beach County Environmental Resources Management Department (“ERM"), because the Property is County-owned, wetland mitigation credits at an ERM-managed mitigation bank may be available. Currently, the cost of mitigation credits is currently $86,250 per “functional unit”. A high-quality wetland area would be one (1) functional unit. Historic agricultural activities have altered the soil structure, hydrology and vegetative composition of the site. Wetlands on-site vary in type and quality, and the quality of the wetlands on the Property is not known with certainty; however, it is assumed the functional-unit equivalency will be less than 1:1. For further information on mitigation opportunities, interested parties are urged to contact Benji Studt, ERM Environmental Program Supervisor, at 561-233-2400, or by e-mail at bstudt@pbcgov.org.

It is anticipated that Palm Beach County may be required to be a co-applicant to an Environmental Resource Permit (“ERP”) through the South Florida Water Management District (SFWMD), and/or a permit under Section 404 of the Clean Water Act (“CSW”), through USACOE. Water flows north and east from the Property into ditches and a perimeter canal and ultimately flows north to the C-18 Canal. A drainage statement for the Property is included with Attachment “8”.

The Property is bounded on the northeast by a 200’ CSX Railroad right-of-way. Interested parties should contact CSX directly concerning any ability to access the railroad, including by spur rail connection.

Electric service to the Property is available through Florida Power & Light (“FPL”). FPL advises there is overhead distribution 23kV lines running along the north/east side of the Beeline Highway (State Road 710), which crosses to the west/south side of the Beeline Highway near its intersection with Aviation Boulevard. There is a second FPL 23kV distribution feeder closer to the south end of the SDA, but across the Beeline Highway.

Information from FPL is included in Attachment “6”.

The Property is within the service area of the Seacoast Utility Authority. Interested parties should contact the Seacoast Utility Authority directly at 561-627-2920 concerning the availability of water and/or wastewater utility service to the Property.

mailto:bstudt@pbcgov.org

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A Phase I Environmental Site Assessment Report of the Property, dated August 17, 2017, prepared by Eco Advisers, LLC, is attached as Attachment “7” (the “ESA”). The ESA identified a train-related diesel fuel spill occurred in 1989, for which a Site Rehabilitation Completion Order (SRCO) was issued in 1997. Based on the ESA, this incident is not anticipated to have adversely affected the environment in connection with the Property.

No other concerns were noted in the ESA.

The annual market rental value of the Property was determined by appraised dated June 10, 2016. A copy of the appraisal report is attached as Attachment “10”.

1.5 MANDATORY PRE-PROPOSAL CONFERENCE

All proposers are required to have a representative attend a Mandatory Pre-Proposal Conference, which will be held at the Department of Airports’ Administrative Offices, Main Conference Room, 846 Palm Beach International Airport, West Palm Beach, Florida 33406-1470, on Tuesday, May 14, 2019, at 10:00 a.m. local time. Attendance by a representative of proposer’s Development Team (See Section 3.3.2) at the Mandatory Pre-Proposal Conference such as architectural and engineering firm(s), general contractor and project manager will also satisfy the requirement for attendance at the Mandatory Pre-Proposal Conference.

Please note that the Administrative Offices of the Department of Airports are NOT located in the Airport Terminal. Directions to the Department of Airports’ Administrative Offices are available from the Contact Person (See Section 1.9) upon request.

At the Mandatory Pre-Proposal Conference, a County representative will be available to answer questions relative to this RFP; however, proposers should not rely on any oral representations, statements or explanations other than those made in this RFP or a formal Amendment to this RFP. Any questions or comments arising subsequent to the Mandatory Pre-Proposal Conference must be presented, in writing, to the Contact Person (See Section 1.9) prior to the date and time stated in the Timetable (See Section 1.7).

A PROPOSER’S FAILURE TO ATTEND THE MANDATORY PRE-PROPOSAL

CONFERENCE SHALL RESULT IN DISQUALIFICATION OF ITS PROPOSAL. All proposers shall be required to sign an attendance sheet, which will be collected at the end of the Mandatory Pre-Proposal Conference. Those arriving after the attendance sheet has been collected shall be considered as not in attendance for purposes of the Mandatory Pre-Proposal Conference. In accordance with the provisions of ADA, auxiliary aids or services will be provided upon request with at least five (5) days notice.

1.6 QUALIFICATION OF PROPOSERS

All proposers to this RFP shall have demonstrated experience in the lease and development of similar projects and shall meet all criteria/requirements identified in this

RFP.

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1.7 TIMETABLE

The anticipated schedule and deadline for this RFP and approval of the Lease Agreement is as follows:

Activity Date, Time and Location RFP available for download on website

On or about: May 2, 2019, at:

http://www.pbia.org under “Airport Business”, “Airport Bids & RFPs”

Mandatory Pre-Proposal Conference

At 10:00 a.m. local time, on Tuesday, May 14, 2019, in the Main Conference Room, Department of Airports, 846 Palm Beach International Airport, West Palm Beach, FL 33406-1470

Deadline for Submission of Written Comments/Questions

At 3:00 p.m. local time, on Wednesday, May 29, 2019, to the Contact Person listed in Section 1.9.

Deadline for Submission of Proposals

At 3:30 p.m. local time, on Thursday, June 13, 2019, at the Reception Desk, Department of Airports, 846 Palm Beach International Airport, West Palm Beach, FL 33406-1470

Selection Committee Meeting(s) and Oral Presentations (if necessary)

To be determined

Award Date To be determined Note: The Department reserves the right to alter the dates and/or times set forth above at the Department’s sole and absolute discretion.

1.8 PROPOSAL SUBMISSION

All proposals must be submitted on 8½ x 11 inch paper. One (1) unbound original and five (5) hard copies of the complete proposal must be received by the Department no later than 3:30 p.m. local time on Thursday, June 13, 2019. Proposers should also submit an electronic copy of the proposal on CD or flash drive in PDF or similar format. The original and all copies must be submitted in a sealed envelope or container. The proposer’s complete return address must be included on the outer envelope or wrapper enclosing any materials submitted in response to this RFP. The outer envelope or wrapper should be addressed as follows:

Proposer Name Address Phone No.

Palm Beach County Board of County Commissioners Palm Beach County Department of Airports 846 Palm Beach International Airport West Palm Beach, FL 33406-1470

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RFP No.: NC 19-8 Title: Lease and Development of Vacant Non-Aeronautical Land

The North County General Aviation Airport

Due Date: June 13, 2019

Hand-carried proposals may be delivered to the above address ONLY between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday, excluding holidays observed by the County.

Proposers are responsible for informing any commercial delivery services, if used, of all delivery requirements and for insuring that the required address information appears on the outer wrapper or envelope used by such service.

The Proposal Response Form (Appendix “A”) must be signed by an officer of the proposing entity or other authorized person (“Authorized Person”).

The submission of a signed proposal by a proposer will be considered by the County as constituting a legal offer by the proposer to provide the services required by this RFP at the proposed price identified therein.

No proposals will be accepted after the deadline for submission of proposals or at any location other than the location designated in this RFP.

1.9 CONTACT PERSON

The individuals designated as a “Contact Person” for this RFP are:

Ray Walter, Deputy Director Department of Airports 846 Palm Beach International Airport West Palm Beach, FL 33406-1470 Telephone: (561) 471-7429 Fax No.: (561) 471-7427 E-mail: ray.walter@pbia.org or

Shakira Kolb, Assistant Airport Properties Manager Department of Airports 846 Palm Beach International Airport West Palm Beach, FL 33406-1470 Telephone: (561) 656-5938 Fax No.: (561) 471-7427 E-mail: skolb@pbia.org mailto:ray.walter@pbia.org

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Notwithstanding any provision of this RFP to the contrary, including, but not limited to Section 1.10, Cone of Silence below, proposers are advised that from the date of release of this RFP until award of the Lease Agreement, NO contact with Department staff (other than the Contact Person) is permitted, except as authorized by the Contact Person or as otherwise authorized or contemplated by this RFP as a part of the solicitation process (e.g., submission of questions, contract negotiations with the designated representative of the Department, pre-proposal conference(s), site inspections, etc.) NO contact is permitted by a proposer or anyone representing a proposer with designated Selection Committee members concerning this RFP from the date of release of this RFP until the award of the Lease Agreement, except at the public Selection Committee meeting(s).

1.10 CONE OF SILENCE

Proposers are advised that the “Palm Beach County Lobbyist Registration Ordinance” prohibits a proposer or anyone representing the proposer from communicating with any County Commissioner, County Commissioners’ Staff, or any County Employee authorized to act on behalf of the Board of County Commissioners to award this Lease regarding its proposal, i.e., a “Cone of Silence”.

The “Cone of Silence” is in effect from the date/time of the deadline for submission of the proposal, and terminates at the time that the Board of County Commissioners, or a County Department authorized to act on their behalf, awards or approves a Lease Agreement, rejects all proposals, or otherwise takes action which ends the solicitation process.

Proposers may, however, contact any County Commissioner, County Commissioners’ Staff, or any County Employee authorized to act on behalf of the Board of County Commissioners to award the Lease Agreement via written communication, i.e., fax, e-mail or U.S. Mail.

Violations of the “Cone of Silence” are punishable by a fine of $250.00 per violation.

Neither the Department nor the Selection Committee is authorized to act on behalf of the Board of County Commissioners to award or approve a Lease Agreement; therefore, contact by proposers is governed by the provisions of Section 1.09, Contact Person.

1.11 ADDITIONAL INFORMATION/AMENDMENT(S)

Any questions, comments (i.e., additional information or clarifications) must be made, in writing via fax, e-mail or U.S. Mail, no later than 3:00 p.m. local time, on Wednesday, May 29, 2019, to the address listed in the RFP Timetable (See Section 1.7) or fax number or e-mail address listed for the Contact Person (See Section 1.9) above. The request must contain the proposer’s name, address, phone number, facsimile number and e-mail address.

Facsimiles must have a cover sheet which includes, at a minimum, the proposer’s name, address, number of pages transmitted, phone number, facsimile number and e-mail address.

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Changes to this RFP, when deemed necessary by the County, will be completed only by written Amendment(s) issued prior to the deadline for submission of proposals.

Proposers should not rely on any representations, statements or explanation other than those made in this RFP or in any Amendment to this RFP. Where there appears to be a conflict between this RFP and any Amendment issued, the last Amendment issued shall prevail.

Amendments to this RFP will be posted on Palm Beach County Purchasing Department’s Vendor Self Service (VSS) system which can be accessed at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService. A link to the VSS system is posted on the Palm Beach County Department of Airports website: http://www.pbia.org under “Airport Business”, “Airport Bids & RFPs” on the Palm Beach County Department of Airports’ website: http://www.pbia.org under “Airport Business”, “Airport Bids & RFPs”.

It is the sole responsibility of proposers to routinely check for any Amendments that may have been issued prior to the deadline for submission of proposals. County shall not be responsible for the completeness of any RFP package not downloaded from this website or purchased directly from the Department. A proposer may verify with the designated Contact Person (See Section 1.9) that proposer has received all Amendments to this RFP prior to submission of its proposal.

1.12 DISCLAIMER

All documents and information, whether written, oral or otherwise, provided by the County relating to this RFP are being provided solely as an accommodation and for informational purposes only, and the County is not making any representations or warranties of any kind as to the truth, accuracy, or completeness of such documents or information, or as to the sources thereof. The County shall have no liability whatsoever relating to such documents and information and all parties receiving the same shall not be entitled to rely on such documents and information, but shall have a duty to independently verify the accuracy of the information contained therein. Failure on the part of any proposer to examine, inspect and be completely knowledgeable of the terms and conditions of the Lease Agreement, the Airport, its future plans and operational conditions, or any other relevant documents or matters, shall not relieve the selected proposer from fully complying with this RFP.

SECTION 2

TERMS AND CONDITIONS

2.1 ADHERENCE TO REQUIREMENTS

Proposers guarantee their commitment, compliance, and adherence to all requirements of this RFP by submission of their proposals.

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2.2 MODIFIED PROPOSALS

Proposers may submit a modified proposal to replace all or any portion of a previously submitted proposal until the deadline for submission of proposals specified in the RFP Timetable (See Section 1.7). The County will only consider the latest proposal submitted.

2.3 WITHDRAWAL OF PROPOSALS

A proposal may be withdrawn only by written notification. Letters of withdrawal received after the deadline for submission of proposals specified in the RFP Timetable (See Section 1.7) will not be accepted unless the Lease Agreement has been awarded to another proposer or no award has been made within ninety (90) days after the deadline for submission of proposals. Unless withdrawn, as provided in this subsection, a proposal shall be irrevocable until the time that a Lease Agreement is awarded.

2.4 LATE PROPOSALS, LATE MODIFIED PROPOSALS

Proposals and/or modifications to proposals received after the deadline for submission of proposals specified in the RFP Timetable (See Section 1.7) shall not be considered.

2.5 RFP POSTPONEMENT/CANCELLATION

Notwithstanding any provision of this RFP to the contrary, the County, in its sole and absolute discretion, shall have the right to reject any and all, or parts of any and all proposals; commence a new solicitation process; postpone or cancel this RFP process;

and/or waive any non-material irregularities in this RFP or the proposals received as a result of this RFP. In addition, the Palm Beach County Board of County Commissioners (“Board”) may reject any proposal prior to award.

2.6 COSTS INCURRED BY PROPOSERS

All expenses incurred with the preparation and submission of proposals to the County, or any work performed in connection therewith, shall be borne by the proposer.

2.7 PROPRIETARY/CONFIDENTIAL INFORMATION

Proposers are hereby notified that all information submitted as part of, or in support of, proposals will be available for public inspection after the opening of proposals, in compliance with Chapters 119 and 286, Florida Statutes, popularly known as the “Public Records Law” and the “Government in the Sunshine Law” respectively.

2.8 NEGOTIATIONS

The Department may recommend the award of a Lease Agreement to the Board of County Commissioners on the basis of the initial proposals received without further negotiation; therefore, each submitted proposal should contain the proposer’s best offer.

Negotiations, if any, will be conducted by a designated representative of the Department.

No negotiation team shall be established for this RFP.

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2.9 RIGHT TO PROTEST

For purposes of this RFP, the term “Purchasing Code” shall mean Chapter 2, Article III, Division 2, Part A, of the Palm Beach County Code. Section 2-55 of the Purchasing Code is hereby incorporated into this RFP by reference (“Protest Procedures”). Although this solicitation is exempt from the Purchasing Code, the Department has elected to utilize the Protest Procedures set forth in the Purchasing Code for this RFP. By responding to this RFP, all proposers agree that the Protest Procedures set forth in the Purchasing Code are applicable to this RFP and shall comply with said procedures.

Any proposer may protest any recommendations for award of the Lease Agreement in accordance with Protest Procedures by submitting a written protest to the Director of Purchasing within five (5) business days after posting the Notice of Award Recommendation. Protests must be submitted in writing, addressed to the Director of Purchasing at the Palm Beach County Purchasing Department, 50 South Military Trail, Suite 110, West Palm Beach, FL 33415 and delivered via hand delivery, mail or fax to

(561) 242-6705.

2.10 PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL

Pursuant to Palm Beach County Code, Section 2-421 - 2-440, as amended, Palm Beach County’s Office of Inspector General is authorized to review past, present and proposed County contracts, transactions, accounts, and records. The Inspector General’s authority includes, but is not limited to, the power to audit, investigate, monitor, and inspect the activities of entities contracting with the County, or anyone acting on their behalf, in order to ensure compliance with contract requirements and to detect corruption and fraud.

Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be a violation of Palm Beach County Code, Section 2-421 – 2-440, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor.

2.11 RULES; REGULATIONS; LICENSING REQUIREMENTS

The proposer shall comply with all laws, ordinances and regulations applicable to the services contemplated herein, including, but not limited to, those applicable to conflict of interest and collusion. Proposers are presumed to be familiar with all federal, state and local laws, ordinances, codes and regulations that may in any way affect the services offered, including, but not limited to, Executive Order No. 11246 entitled “Equal Employment Opportunity” as amended by Executive Order No. 11375, and as supplemented by the Department of Labor Regulations (41 CFR, Part 60).

2.12 EXCEPTIONS TO THE LEASE AGREEMENT

Proposers should generally identify any proposed exceptions to the example Lease Agreement (See Attachment “19”). It is preferred that proposers detail any proposed exception by identifying the section number(s) of the Lease Agreement, together with any proposed alternative language. Note that the County is under no obligation whatsoever

11 | P a g e R F P N O . N C 1 9 - 8 to accept any proposed exceptions to the Lease Agreement. Proposers should not propose modifications to any of the minimum requirements of this RFP.

2.13 SELECTION PROCESS

2.13.1 Evaluation of Proposals

a. Determination of Responsiveness. All proposals timely received will be opened internally by the Department. A list of proposers that have submitted proposals in response to this RFP will be recorded. Each proposal will be evaluated by the Department for responsiveness. A responsive proposal is one which has been signed, has been submitted by the specified submission time and conforms to the requirements of this RFP. Failure to provide the information required to be submitted with the proposal (as stated in Section 3) is considered sufficient cause to deem a proposal non-responsive.

While poor formatting, poor documentation, and/or incomplete or unclear information may not be cause to reject a proposal without evaluation, such substandard submissions may adversely impact the evaluation of a proposal, especially information relating to establishing financial/business stability. Proposers, who fail to comply with all of the required and/or desired elements of this RFP, do so at their own risk.

b. Selection Committee Meeting/Oral Presentations. Except as otherwise provided for herein, a Selection Committee will meet to evaluate all responsive proposals for purposes of making an award recommendation to the Department. Each proposer may be required to make an oral presentation to the Selection Committee and will be allowed a maximum of fifteen (15) minutes to make its presentation.

Oral presentations shall be limited to clarifying and further detailing the content of the written proposal submitted and to providing answers to the Selection Committee’s questions. The Selection Committee will not consider new or alternative proposals made during oral presentations; therefore, each written proposal submitted should contain the proposer’s best offer.

Notwithstanding any provision of this RFP to the contrary, in the event only one (1) responsive, responsible proposal is received, no Selection Committee meeting shall be required, and the Department, in its sole and absolute discretion, may elect to negotiate with the sole proposer or cancel this RFP process.

c. Raw Scoring/Individual Selection Committee Member Ranking. The

Selection Committee will evaluate and score each proposal by reviewing the proposal against the selection criteria set forth in Attachment “18” to this RFP, Selection Criteria/Scoring Instructions.

Selection Committee members may not assign equal total scores to

12 | P a g e R F P N O . N C 1 9 - 8 proposals (i.e., each proposal must be assigned a varying number of total points). Each Selection Committee member shall rank the proposals based upon the total score assigned to each proposal by such member. The proposal with the highest total score will be ranked first (1st) by each member, the proposal with the next highest score will be ranked second (2nd) by each member and so on until all proposals have been ranked.

d. Final Scoring and Ranking. After each Selection Committee member has ranked all of the proposals, the individual Selection Committee members’ rankings for each proposal shall be totaled to establish an overall total score for each proposal. The proposal with the lowest total score will be ranked first (1st), the proposal with the next lowest total score will be ranked second (2nd) and so on until all proposals have been ranked.

In the event of a tie, the proposal that received the most first (1st) place rankings from the individual Selection Committee members will receive the higher rank. In the event a tie remains, the proposal with the highest raw score based upon the total number of points assigned by all Selection Committee members will receive the higher rank.

e. Final Ranking by Selection Committee. After the Selection Committee has established a final ranking for all proposals, the Selection Committee will review the rankings and make its recommendation for award to the Department to the proposer whose proposal was ranked first (1st) by the Selection Committee.

In the event more than one (1) responsive, responsible proposal is received and more than one (1) proposed use may be accommodated on the Property, Selection Committee shall make a recommended award to the Department to the proposal that was ranked first (1st) by the Selection Committee and may recommend a Lease Agreement be awarded to the second (2nd) ranked proposer if there is a sufficient amount of Property available to accommodate both uses and so on.

f. Rights Reserved. Notwithstanding any provision of this RFP to the contrary, the County, in its sole and absolute discretion, shall have the right to reject any and all, or parts of any and all, proposals;

commence a new solicitation process; postpone or cancel this RFP process; and/or waive any non-material irregularities in this RFP or the proposals received as a result of this RFP. In addition, the Board may reject any proposal prior to award.

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2.13.2 Award Recommendation. The Department will post the award recommendation(s) (“Notice of Recommended Award”) at the Department of Airports’ Administrative Offices for a period of five (5) business days for review by interested parties. The selected proposer will be notified of the recommendation for award by mail.

To obtain a current posting of Notices of Recommended Award, please visit the Department’s website: http://www.pbia.org under “Airport Business”.

2.13.3 Negotiation. After the posting of the Notice of Recommended Award, the Department will enter into negotiations with the selected proposer, if applicable. If, for any reason, the Lease Agreement cannot be awarded to the selected proposer, or the Department determines that it is unable to negotiate a Lease Agreement with the selected proposer, the Department may elect to cancel the award recommendation and commence negotiations with the next highest ranked proposer, issue a new solicitation or elect to cancel the RFP process in its entirety. In the event the Department elects to commence negotiations with the next highest ranked proposer, this process may continue until a Lease Agreement has been executed by a proposer or all proposers have been rejected. Proposers shall not have any rights against the County, its officers, employees or agents arising from negotiations.

2.13.4 Execution of Lease Agreement. The selected proposer shall deliver a fully executed Lease Agreement, and any other documents required by the Lease Agreement, to the Department in the form negotiated by the Department and the selected proposer within ten (10) days of the Department’s written request, unless this time frame is extended at the sole discretion of the Department. In the event the selected proposer fails to deliver the Lease Agreement and associated documents as required by this RFP within the prescribed timeframe, the Department may, in its sole and absolute discretion, elect to cancel the award recommendation and commence negotiations with the next highest ranked proposer, issue a new solicitation or elect to cancel the procurement process in its entirety. Should the selected proposer fail to execute and deliver the Lease Agreement to the Department in accordance with the requirements of this RFP, the Department may cancel the award recommendation and, if such failure occurs as a result of proposer’s bad faith or its failing to comply with the representations in its proposal, the proposer’s proposal guarantee shall be forfeited as liquidated damages and the proposal shall be deemed rejected.

2.14 AWARD

It is the Department’s desire to recommend approval of a Lease Agreement for the entire

142.5 + acre site; however, in the event more than one (1) proposal is received, the Department may recommend more than one (1) Lease Agreement for approval by the Board of County Commissioners upon completion of the solicitation process. The Department has no authority whatsoever to bind the County to a Lease Agreement or any

14 | P a g e R F P N O . N C 1 9 - 8 specific contractual terms or conditions; therefore, no Lease Agreement shall be effective until it is approved by the Board and signed by all parties thereto.

2.15 SELECTION CRITERIA

See Attachment “18”, Selection Criteria/Scoring Instructions.

2.16 CONTRACT PROVISIONS (ATTACHMENT “19”)

2.16.1 Lease Agreement. The selected proposer will be required to execute a contract in a form and substance similar to the attached Example Development Site Lease Agreement (Attachment “19”) (“Lease Agreement”), subject to negotiated exceptions.

2.16.2 Authorization to Sign. In addition to executing a Lease Agreement, the selected proposer will be required to complete a corporate resolution or notarized statement, indicating that the person having executed the Lease Agreement is authorized to legally bind the proposing entity. Additionally, if a selected proposer is a partnership, all general partners must sign the Lease Agreement and the notarized statement. If the selected proposer is a joint venture, all members of the joint venture must sign the Lease Agreement and the notarized statement.

2.17 INSURANCE REQUIREMENTS

It shall be the responsibility of the selected proposer to provide evidence of the minimum amounts of insurance coverage specified in the Lease Agreement (Attachment “19”).

The selected proposer shall, on a primary basis and at its sole expense, maintain in full force and effect, at all times during the term of the Lease Agreement, insurance coverages and limits (including endorsements) as described in the Lease Agreement (Attachment “19”). Failure to maintain the required insurance shall be considered a material default of the Lease Agreement. The requirements contained therein, as well as the County’s review or acceptance of insurance maintained by the selected proposer, are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the selected proposer under the Lease Agreement.

2.18 PERFORMANCE BOND / LETTER OF CREDIT

The selected proposer shall be required to post a deposit with the County equal to three

(3) months’ rental (“Security Deposit”). The Security Deposit shall serve as security for the payment of all sums due to the County and shall also secure the performance of all obligations of the selected proposer to the County. The Security Deposit shall be either in the form of a clean, irrevocable letter of credit or a surety bond in form and substance satisfactory to the County.

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2.19 COMMENCEMENT OF WORK

The County shall have no obligations whatsoever to any proposer by virtue of this RFP or any negotiations conducted hereunder. The County’s obligations shall not commence until a Lease Agreement is approved and executed by the Board. The County will not be responsible for any work conducted by a proposer, even if performed in good faith, if such work occurs prior to the approval and execution of the Lease Agreement by the Board of County Commissioners.

2.20 NON-DISCRIMINATION

Proposer represents and warrants that it will comply with the County’s Commercial Nondiscrimination Policy as described in Resolution 2017-1770, as amended. As part of such compliance, Proposer shall not discriminate on the basis of race, color, national origin, religion, ancestry, sex, age, marital status, familial status, sexual orientation, gender identity or expression, disability, or genetic information in the solicitation, selection, hiring or commercial treatment of contractors, vendors, suppliers, or commercial customers, nor shall Proposer retaliate against any person for reporting instances of such discrimination. Proposer shall provide equal opportunity for contractors, vendors and suppliers to participate in all of its public sector and private sector contracting and supply opportunities, provided that nothing contained in this clause shall prohibit or limit otherwise lawful efforts to remedy the effects of marketplace discrimination that have occurred or are occurring in the County’s relevant marketplace in Palm Beach County.

Proposer understands and agrees that a material violation of this clause shall be considered a material breach of any resulting contract and may result in termination of the Lease Agreement, disqualification or debarment of Proposer from participating in County contracts, or other sanctions. This clause is not enforceable by or for the benefit of, and creates no obligation to, any third party. All agreements for design and construction services entered into for the construction of the Initial Leasehold Improvements shall include a commercial non-discrimination clause.

2.21 DISCLOSURE OF OWNERSHIP INTEREST

Pursuant to a directive by the Board of County Commissioners, the Disclosure of Ownership Interest Affidavit (“DOIA”) (Appendix “C”) must be completed on behalf of any individual or business entity that seeks to do business with the County when applicable.

Disclosure does not apply to nonprofit corporations, government agencies, or to an individual’s or entity’s interest in any entity registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public.

Upon request from the Department, the selected proposer shall submit a completed DOIA within a reasonable time, as requested. If the selected proposer fails to submit a completed DOIA in a timely manner, the County, at its sole discretion, may elect to cancel the recommended award.

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2.22 VSS REGISTRATION REQUIRED

Proposers must register in the County’s Vendor Self Service (“VSS”) at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService in order to propose on County contracts. Proposer must also ensure that all contractors performing design and construction services for the Initial Leasehold Improvements are registered as vendors in VSS. All contractor and subcontractor agreements for design and construction of the Initial Leasehold Improvements must include a contractual provision requiring that the subcontractor register in VSS.

2.23 EQUAL BUSINESS OPPORTUNITY POLICY

It is the policy of the Board of County Commissioners of Palm Beach County, Florida, that all segments of its business population, including, but not limited to, small, local, minority and women owned businesses, have an equitable opportunity to participate in the County’s procurement process, prime contract and subcontract opportunities. To that end, the Board adopted an Equal Business Opportunity Ordinance, codified in Sections 2-80.20 through 2-80.30 of the Palm Beach County Code, as amended (EBO Ordinance) which sets forth the County’s requirements for the EBO program. Proposers must comply with the applicable requirements of the EBO Ordinance as provided in this RFP and the Lease Agreement for a Proposer to be deemed responsive to the solicitation requirements.

SECTION 3

PROPOSAL REQUIREMENTS

3.1 PROPOSAL FORMAT AND CONTENT

3.1.1 Format. Proposals should be typed, double spaced and submitted on 8½” x 11” size paper, using a single method of fastening (e.g., stapled, binder, etc.). The electronic copy of the proposal should be submitted on a CD or flash drive in a PDF or similar format. Proposals should include only brief and concise narrative. The enclosure of elaborate or unnecessary verbiage or promotional material is discouraged.

3.1.2 Letter of Transmittal. Proposals should contain a Letter of Transmittal addressed to the contact person, and should, at a minimum, contain the following:

a. The RFP number (i.e. RFP No. NC 19-8).

b. Identification of proposer, including name address and telephone number.

c. The name, title, address, telephone/fax number and e-mail address of proposer’s contact person during the period of proposal evaluation.

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d. The printed name and title and the signature of a person authorized to bind proposer to the terms of the proposal.

3.1.3 Table of Contents. Proposals should contain a Table of Contents. The

Table of Contents should outline all of the areas of the proposal in sequential order.

3.1.4 Technical Proposal. Proposals must contain all of the documents listed below, each fully completed, signed and notarized, as required. Failure of a proposer to provide the required information is considered sufficient cause to deem the proposal non-responsive.

All items should be submitted as a part of the proposal prior to the deadline for submission of proposals (See Section 1.7); however, if the item(s) marked by an asterisk (*) are omitted, the proposer must submit such item(s) upon request from the Department within a time frame specified by the Department (normally within two (2) business days of request) or the proposal shall be deemed non-responsive. All other items must be submitted with the proposal or it shall be deemed non-responsive.

The Department reserves the right to request additional information to be used for evaluating responses received from any or all proposers, including, but not limited to, additional references or financial information. Further, the Department retains the right to disqualify from further consideration any proposer who fails to demonstrate sufficient ability to perform under the Lease Agreement.

Notwithstanding these submittal requirements, the Department reserves the right, at its sole discretion, to waive any minor irregularity relating to the proposal. Upon request, it shall be the responsibility of the proposer to address the determined minor irregularity within a time frame specified by the Department (normally within two (2) business days of request). Failure of a proposer to provide the required information within the specified time frame is considered sufficient cause to deem the proposal non-responsive.

A set of tabs to identify each section of the proposal should be inserted to facilitate quick reference. Each section of the proposal should be clearly labeled using the paragraph headings set forth below.

3.2 EXPERIENCE, QUALIFICATIONS AND FINANCIAL INFORMATION

Each proposer shall submit an Executive Summary detailing its experience, qualifications, and background in the lease and…