RFP PB 22-10 & 22-11 Amendment 2.pdf

ATTACHMENT “A” TO AMENDMENT NO. 2

RFP NO. PB 22-10

AND

RFP NO. PB 22-11

LEASE AND DEVELOPMENT OF VACANT LAND

FOR COMMERCIAL NON-AVIATION PURPOSES

PALM BEACH INTERNATIONAL AIRPORT

AUGUST 11, 2022, PRE-PROPOSAL CONFERENCE SIGN-IN SHEET

ATTACHMENT “B” TO AMENDMENT NO. 2

PRE-PROPOSAL CONFERENCE POWERPOINT SLIDES

Pre-Proposal Conference - August 11, 2022

RFP PB 22-10 (+/-6.43 Acres)

RFP PB 22-11 (+/-4.63 Acres)

Lease & Development of Vacant Land For Commercial Non-Aviation Purposes

The RFP documents are posted on the County’s Vendor Self Service (VSS) portal at: https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService

The Department is soliciting proposals from qualified and experienced firms for the lease and development of two

(2) separate parcels of unimproved non-aeronautical real property located west of the Palm Beach International Airport (PBI):

● RFP PB 22-10: approximately +/-6.43 acres (+/-280,071 square feet) at the southeast corner of Haverhill Road at Wallis Rd.

● RFP PB 22-11: approximately +/-4.63 acres (+/-202,000 square feet) at the southwest corner of Post Road at Wallis Road.

ALL ACREAGE FIGURES ARE ESTIMATES. The actual size of each Property will be determined by a survey after site plan approval in accordance with the Lease Agreement (Attachment “6” to the RFP).

All proposers are required to have a representative attend this Mandatory Pre-Proposal Conference. Proposers shall be required to sign the attendance sheet, which will be collected at the end of the Conference.

This Pre-Proposal Conference will address issues that pertain to both solicitations, and issues that pertain to each individual property.

Proposers may elect to submit a proposal response to either or both opportunities.

Proposal responses for each RFP will be evaluated independently; therefore, a proposer who submits proposals for both sites may be selected for both submissions, or just one.

General Location of the Two Properties

Runway 10-L

Runway 10-R

RFP PB 22-11

+/- 4.63 Acres

RFP PB 22-10

+/- 6.43 Acres

+/- 1.14 Acres – available as part of RFP PB 22-10

AIRPORT

LOGISTICS

PARK

PODS

The Two Properties are Located within a Subsidiary Development Area Referred to as Parcel “F”

Parcel “RFS” is the Portion South of Wallis Road

Wallis Road

Po st

R oa d

Ha ve rh ill

R oa d

M ili ta ry

T ra il

Parcels within Parcel “RFS” (Included as Attachment 3b to RFP)

AIRPORT

LOGISTICS

PARK

PODS

+/- 6.43 Acres +/- 4.63

Acres +/- 1.14 ac

+/- 7.50 Acres

RFP PB 22-10 +/- 6.43 Acres

+/- 6.43 Acres

“Lynnwood Drive Property” +/- 1.14 Ac

Private outparcels (not included)

Site-Specific Issues for RFP PB 22-10 (+/- 6.43 Ac.)

● The site is estimated to contain a total of approximately 6.43 acres at the southeast corner of Wallis Road at Haverhill Road. Proposers must lease the entire +/- 6.43 acre area and develop this as a single phase.

● Proposers may desire to lease an additional area of approximately 1.14 acres south of Lynwood Drive (the “Lynnwood Drive Property”). If included, the entire Lynnwood Drive Property must be leased and developed as a single phase along with the main 6.43 acres.

● Acreage figures are approximate – the final acreage will be determined based on a survey to be completed following Site Plan approval.

● There are three (3) privately-owned outparcels (one single-family home and two multi-unit dwellings) on Lynnwood Drive that are not part of this solicitation. The County is not pursuing the purchase of these parcels. A proposer may elect to pursue the private purchase of the parcel(s) to incorporate them as a single site, in which case all or portions of Lynnwood Drive could be abandoned; however, this is speculative and is not part of this solicitation.

+/- 3.63 Ac outside RPZ

RFP PB 22-11 +/- 4.63 Acres

+/- 4.63 Ac.

Total

+/- 1.00 Ac inside RPZ

RPZ

(Runway Protection Zone)

(Dry Detention only)

Site-Specific Issues for RFP PB 22-11 (+/- 4.63 Ac.)

● The site is estimated to contain a total of approximately 4.63 acres at the southwest corner of Wallis Road at Post Road. The site includes approximately 1+ acre within the future Runway Protection Zone (“RPZ”) for Runway 10R at PBI. This area within the RPZ will be limited to dry detention only. “Wet” retention ponds are considered a wildlife attractant and are not permitted. Acreage figures are approximate – the final acreage will be determined based on a survey to be completed following Site Plan approval.

● The site includes an area that is shown as an “outparcel” (the former “Stembridge Parcel”).

This area is owned by Palm Beach County. It has been re-zoned PO and a lot combination was recorded on July 29, 2022 (ORB 33742, Page 451) that includes this entire area.

● Proposers must lease the entire +/- 4.63 acre area and develop this as a single phase.

Lease Opportunity

● Long-Term Lease – the Property will be Leased; not sold. Maximum Lease Term (including renewals) may not exceed a total of fifty (50) years. Proposals for a term longer than thirty (30) years, including renewal(s), must include a statement justifying the length of term. The justification should be stand-alone, in a “letter” format that may be submitted to the FAA for review and approval.

● Minimum Annual Rental – The minimum annual rental amount for the Property shall be One Dollar ($1.00) per square foot of ground area. Rental is based on an appraised value of $12.50 per square foot, at 8% capitalization rate.

● SBE Utilization - County has established a minimum mandatory Small Business Enterprise (SBE) participation goal of twenty percent (20%) of the total cost of the design and construction of the Initial Leasehold Improvements. Proposers should detail the proposed utilization of SBEs. See Sections 2.26 and 3.3.6 of the RFP, and Section 6.01(B) of the Lease Agreement (Attachment “6” to the RFP).

Lease Opportunity (cont’d)

● Zoning & Land Use Designation – Public Ownership (PO) Zoning with a Utilities and Transportation

(U/T) Future Land Use designation. Development of the Property is governed by the Airport Zoning Overlay (AZO) as provided in Article 3, Chapter B, Section 2 of the Palm Beach County Unified Land Development Code (ULDC). Information regarding the development process for the Property, including the AZO, can be found in Attachment “5” to the RFP.

● Use - The Property may be used for the development of compatible commercial or industrial uses, such as warehouse, retail or office purposes, including medical, dental or professional office, parking, restaurant or hotel.

● Incompatible Uses – The property may not be used for any purpose determined incompatible with the Airport, including, but not limited to: residential uses, schools, churches, adult entertainment facilities, wildlife-attracting uses such as landfills, antennae transmitting signals that may interfere with radio transmissions and/or navigational aids, and structures that may impact the Airport’s airspace.

● Operation of Airport - See Section 22.05 of the Lease Agreement: Tenant expressly agrees for itself, its sublessees, successors and assigns, to prevent any use of the Premises, which would interfere with or adversely affect the operation, maintenance or development of the Airport, or otherwise constitute a hazard to air navigation.

● Lighting Improvements - See Section 6.02 of the Lease Agreement.

● Height Restriction - See Section 22.03 of the Lease Agreement. This includes the use of cranes during construction.

● Hazardous Wildlife Attractant - See Section 22.08 of the Lease Agreement. This includes water detention and retention areas.

Airspace Restrictions The Properties are located in the flight path of the Palm Beach International Airport (PBI). General airspace restrictions are included in Attachment “8” to the RFP. (elevations shown below are Above Mean Sea Level (AMSL).

Initial Annual Rental & Rental Adjustments

Initial Annual Rental is the amount listed on the Proposal Response Form (Appendix “A”); not less than $1.00 per square foot.

Payment of Rental will commence on the “Date of Beneficial Occupancy” (See Section

3.01 of the Lease).

Rental Adjustments (See Section 5.03 of the Lease):

Adjustment on October 1, 2025, and every three (3) years thereafter.

Rental is adjusted to the appraised value, subject to a CPI cap.

“Appraisal-Only Adjustments” are required at periodic intervals.

Proposed Exceptions to the Lease Agreement

● Proposers may propose changes, alternatives or exceptions (“Exceptions”) to the

Example Development Site Lease Agreement (Attachment “6” to the RFP) prior to the August 24, 2022, Deadline for Written Questions/Comments. The Department will respond to these by amendment to the RFP(s).

● Proposers may propose Exceptions in their Proposals; however, the Department is not obligated to accept or negotiate any or all Exceptions submitted with a proposal. The Department will be unable to negotiate Exceptions that are not listed in the proposal response. If there is a “deal-breaker” or important issue you should submit your proposed Exception(s) prior to the August 24, 2022, Deadline for Written Questions/Comments.

● All Exceptions must be specific, and the proposer should indicate clearly what alternative, or specific alternative language, is being offered in the alternative, to allow the Department a meaningful opportunity to evaluate the proposed Exception(s).

Proposal Requirements Proposal response must include or address the following:

Appendix “A” - Proposal Response Form

Appendix “B” - Drug-Free Workplace Certification

Appendix “C” - Disclosure of Ownership Interests Affidavit

Proposal Guarantee - $5,000 Failure to submit the Proposal Guarantee shall result in disqualification of the proposal (Section 3.5 of the RFP)

Experience, Qualifications and Financial information (Section 3.2 of the RFP)

Project Approach (Section 3.3 of the RFP)

Proposal Response Form (Appendix “A”)

● Rental Proposal – not less than $1.00 per square foot.

● Proposed Lease Term – maximum term of 50 years. Proposals for a term longer than thirty (30) years, including renewal(s), must include a statement justifying the need for such length of term. The justification statement should be stand-alone, in a “letter” format that may be submitted to the FAA for review and approval.

● Proposed Property Uses – describe in general terms the proposed commercial or industrial uses.

● Initial Leasehold Improvements – A list of the major leasehold improvements the proposer commits to construct on the Property.

● Minimum Capital Investment – This amount will be an obligation under the Lease Agreement.

● FOR RFP PB 22-10 – Proposers should indicate whether or not they desire to lease the “Lynnwood Drive Property” (the +/- 1.14 acre parcel south of Lynnwood Drive).

Selection Criteria / Scoring (Section 2.14)

Experience, Qualifications and Financial Information. Proposals may receive up to 30 points based on the proposer’s Experience, Qualifications and Financial Information. Selection Committee Members will review the information submitted in accordance with Section 3.2 of the RFP in determining the number of points to be allocated to each proposal for Experience, Qualifications and Financial Information.

Project Approach. Proposals may receive up to 45 points based on the proposer’s Project Approach proposal. The Project Approach criteria includes, but is not limited to, lease term (proposed initial term plus any renewal term(s)), proposed uses, lease option (if any), minimum capital investment and economic benefits. Selection Committee Members will review the information submitted in accordance with Section

3.3 of the RFP, including the capital investment, detail relating to the Initial Leasehold Improvements, conceptual site plan and how the Property will be utilized, the SBE plan, economic benefits and green initiatives. Selection Committee Members will also consider the County’s purpose in issuing the RFP, as set forth in Section 1.2 of the RFP, when determining the number of points to be allocated to each proposal for Project Approach, including the desire to maximize the use of the Property.

Selection Criteria / Scoring (Cont’d)

Equal Business Opportunity (EBO) and Small Business Enterprise (SBE) Participation

Section 3.3.6 of the RFP - SBE Plan (part of “Project Approach”): Proposers shall provide a plan describing how Proposer intends to achieve the minimum mandatory Small Business Enterprise (SBE) goal of 20% participation (“SBE Plan”).

The EBO Vendor Directory that identifies certified SBE firms can be found at:

https://discover.pbcgov.org/oebo/Pages/Vendor-Directory.aspx

Section 6.01 (B) of the Lease:

(1) Affirmative Procurement Initiative. Mandatory minimum SBE participation goal of 20% to the aggregate of design and construction of the Project as a whole.

(2) Required Documentation. Prior to commencement of the Project, Tenant shall submit completed EBO Schedules which shall become material terms of this Lease.

(3) SBE Goal Waiver Requests/Good Faith Efforts. If unable to comply with the SBE participation goal Tenant must request a waiver or partial waiver from the EBO.

(4) S/M/WBE Substitutions. Tenant shall only be permitted to replace a certified S/M/WBE listed in EBO Schedule 1 that is unwilling or unable to perform.

(5) Records and Access. The EBO has the right to review Tenant’s construction contracts and related subcontracts and records in order to determine compliance with the County’s EBO Program for up to four (4) years from the Date of Beneficial Occupancy.

https://discover.pbcgov.org/oebo/Pages/Vendor-Directory.aspx

Vendor Self-Service (“VSS”) Registration In order to do business with Palm Beach County, proposers are required to create a Vendor Registration Account or activate an existing Vendor Registration Account through the Purchasing Department’s Vendor Self Service (“VSS”) system.

The selected proposer must ensure all subcontractors are registered in VSS. All subcontractor agreements must include a contractual provision requiring that the subcontractor register in VSS. (See Section 2.14 of the

RFP)

Vendor Self-Service (“VSS”) Registration Vendor Self Service (VSS) system can be accessed at:

https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService

The RFPs can be access without registration by using “Public Access” on the left side.

Register as a user by clicking on the “Register” button on the left.

Vendor Self-Service (“VSS”) The RFP Document and any Amendments to the RFP will be posted on VSS.

Proposers should periodically check VSS for Amendment(s) that may have been issued.

Under “Keyword Search” enter terms such as “PB”, “Lease” or “Airport”.

Timetable

● Deadline for Receipt of Written Comments/Questions:

11:00 a.m., Wednesday, August 24, 2022

● Proposal Deadline: 11:00 a.m., Wednesday, September 14, 2022 (Cone of Silence goes into effect)

● Selection Committee Meeting Date: TBD

● Lease Award Date: Approval of Lease Agreement(s) by the Board of County Commissioners at a regularly-scheduled meeting - TBD

Written Comments/Questions

● Deadline for Receipt of Written Questions/Comments:

11:00 a.m., Wednesday, August 24, 2022

● Submit questions/comments to the Contact Person(s) listed in the RFP:

Rebecca Reed, Assistant Airports Properties Manager Telephone: 561-687-5944 Email: rreed@pbia.org

Ray Walter, Deputy Director Airports Real Estate & Concessions Telephone: 561-471-7429 Email: ray.walter@pbia.org

● Please be as clear as possible and include the specific section(s) of the RFP or Lease Agreement you are referring to.

● If you are requesting a change, please include your proposed alternative language/change.

● Questions/Comments will be responded to in writing via Amendment to the RFP.

mailto:rreed@pbia.org mailto:ray.walter@pbia.org

Amendments

● Amendments to the RFP will be posted on the Palm Beach County Purchasing

Department’s Vendor Self Service (VSS) system at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService.

● It is the sole responsibility of proposers to routinely check this website for amendments that may be issued prior to the deadline for submission of proposals.

● Proposers should not rely on any representations or statements that are not contained in the RFP or a formal written amendment to the RFP.

QUESTIONS?

ATTACHMENT “C” TO AMENDMENT NO. 2

AFFIDAVIT OF WAIVER FOR “PARCEL RFS-1”

RECORDED ON JULY 29, 2022 IN

OFFICIAL RECORDS BOOK 33742, PAGE 478

THIS DOCUMENT REPLACES ATTACHMENT “4” TO EACH RFP

RFP PB 22-10 & PB 22-11 Pre-Proposal Meeting Presentation 8-11-2022.pdf