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HomeMy WebLinkAboutRFP - P809 REAL ESTATE BUYERS AGENTCity of Fort Collins Admini5_ alive Services Purchasing Division REQUEST FOR PROPOSAL CITY OF FORT COLLINS REAL ESTATE BUYER'S AGENT Proposal Number P-809 The City of Fort Collins is seeking proposals from Real Estate Buyer's Agent/Broker to represent the City in acquiring land suitable for future residential development. Written proposals, five (5) will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 3:00 p/m. (our clock), October 23, 2001. Proposal No. P-809. If delivered, they are to be sent to 215 North Mason Street, 2"d Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Questions concerning the scope of the project should be directed to Maurice Head, Project Manager (970)221-6342. Questions regarding proposals submittal or process should be directed to James B. O'Neill II, CPPO, FNIGP, Director of Purchasing and Risk Management. (970) 221-6775. A copy of the Proposal may be obtained as follows: 1. Call the Purchasing Fax -line, 970-416-2033 and follow the verbal instruction to request document #30809. 2. Download the Proposal/Bid from the Purchasing Webpage, www.fcgov.com/purchasing. 3. Come by Purchasing at 215 North Mason St., 2" d floor, Fort Collins, and request a copy of the Bid. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision - making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. 215 North Mason Street • 2nd Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • FAX (970) 221-6707 EXCLUSIVE RIGHT -TO -BUY CONTRACT (BUYER AGENCY) 2001 Fort Collins, Colorado, The City of Fort Collins, Colorado, a Municipal Corporation ("Buyer") appoints ,("Broker") as Buyer's exclusive agent for the purpose of representing Buyer to acquire interests in real property as indicated in Section 3 ("Property") and under the terms specified herein. 1. Effect of Exclusive Buyer Agency Contract. Broker is the limited agent of Buyer and will represent only Buyer. By engaging Broker as Buyer's exclusive agent, Buyer agrees to conduct all negotiations for Property through Broker and to refer to Broker all inquiries received from real estate brokers, salespersons, prospective sellers, or any other source during the time this contract is in effect. Buyer agrees that any compensation to Broker which is conditioned upon the acquisition by Buyer of interests in real property, whether by lease or purchase (collectively "Purchase"), will be earned by Broker whenever such interests are acquired by Buyer directly or indirectly, without any discount or allowance for any efforts made by Buyer or any other person in connection with the acquisition of such interests by Buyer. 2. Purchase. "Purchase of the Property" or "Purchase" means the voluntary acquisition of any interest in the Property or the voluntary creation of the right to acquire any interest in the Property (including a contract or lease). 3. Property. The Property shall be those certain real properties located in the County of Larimer, State of Colorado and are listed on Exhibit "A" attached hereto and incorporated herein by this reference. 4. Duration of Agency. Broker's authority as Buyer's exclusive agent shall begin 2001 and shall continue until the earlier of 200 or completion of the acquisition of the Property unless an extension is agreed to by the parties 5. Broker's Services. Broker will exercise reasonable skill and care for Buyer, and make reasonable efforts to locate property. (a) Broker will promote the interests of Buyer with the utmost good faith, loyalty, and fidelity, including but not limited to: 1. seeking a price and terms which are acceptable to Buyer, except that Broker shall not be obligated to seek other properties while Buyer is a party to a contract to purchase Property; 2. procuring acceptance of any offer to purchase property and to assist in the completion of the transaction; 3. presenting all offers to and from Buyer in a timely manner, regardless of whether Buyer is already a party to a contract to purchase Property; 4. disclosing to Buyer adverse material facts actually known to Broker, 5. counseling Buyer as to any material benefits or risks of the transaction which are actually known to Broker, 6. advising Buyer to obtain expert advice as to material matters about which Broker knows but the specifics of which are beyond the expertise of Broker, 7. accounting in a timely manner for all money and property received, and 8. informing Buyer that Buyer may be vicariously liable for the acts of Broker when Broker is acting within the scope of the agency relationship. 3 (b) Broker shall not disclose to the seller or any other third party, without the informed consent of Buyer: 1. that Buyer is willing to pay more than the purchase price for Property; 2. what Buyer's motivating factor(s) are; 3. that Buyer will agree to financing terms other than those offered; 4. any material information about Buyer unless disclosure is required by law or failure to disclose such information would constitute fraud or dishonest dealing; and 5. any facts or suspicions regarding circumstances which would psychologically impact or stigmatize Property. (c) Broker shall disclose to any prospective seller all adverse material facts actually known by Broker, including but not limited to adverse material facts concerning Buyer's financial ability to perform the terms of the transaction and whether Buyer intends to occupy Property as a principal residence. (d) Broker shall make submissions to Buyer describing and identifying properties appearing to substantially meet the criteria set forth in Section 3. 6. Compensation to Broker. In consideration of the services to be performed by Broker, Buyer shall pay Broker as follows: (a) Success Fee. Broker shall be paid a fee equal to percent (_%) of the purchase price. The success fee is conditioned upon the Purchase of the Property or the acquisition by Buyer of property not in compliance with the requirements specified in Section 3 but within the purview of this contract. This fee is payable upon closing of the transaction(s), subject to the provisions of Section 8. This fee shall apply to Property contracted for during the original term of this contract or any extension(s) and shall also apply to Property contracted for within thirty (30) days after this contract expires or is terminated (Holdover Period) if the Property was shown or specifically presented in writing to Buyer by Broker during the original term or any extension(s) of the term of this contract; provided, however; that Buyer shall owe no commission to Broker under this subsection if a commission is earned by another licensed real estate broker acting pursuant to an exclusive right -to -buy contract or an exclusive agency Listing contract entered into during the Holdover Period. Buyer is obligated to pay Brokers fee. However, Broker is authorized and instructed to request payment of Broker's fee by listing broker or by seller from the transaction. (b) Retainer Fee. Buyer shall pay Broker a nonrefundable retainer fee of Dollars ($ ) due and payable upon signing of this contract. This amount shall be credited against fees payable to Broker in this Section 6. 7. Failure to Close. If a seller fails to close with no fault on the part of Buyer, the success fee provided in Section 6(a) shall be waived. If Buyer is at fault, such success fee will not be waived, but will be due and payable immediately. Broker shall not be obligated to advance funds for Buyer. 8. Disclosure of Broker's Role. At the earliest reasonable opportunity, Broker shall inform any prospective sellers or their brokers with whom Broker negotiates pursuant to this contract that Broker is acting on behalf of a Buyer -principal. 9. Disclosure of Buyer's Identity. Broker does have Buyer's permission to disclose Buyer's identity to third parties without prior written consent of Buyer. 10. Assignment by Buyer. No assignment of Buyer's rights or obligations under this contract and no assignment of rights or obligations in property obtained for Buyer under this contract shall operate to defeat any of Broker's rights. 11. Nondiscrimination. The parties agree not to discriminate unlawfully against any prospective seller because of the race, creed, color, sex, marital status, national origin, familial status, physical or mental handicap, religion or ancestry of such person. 12. Recommendation of Legal Counsel. By signing this document, Buyer acknowledges that Broker has advised that this document has important legal consequences and has recommended consultation with legal and tax or other counsel, before signing this contract. 13. Alternative Dispute Resolution: Mediation. If a dispute arises relating to this contract, and is not resolved, the parties involved in such dispute (Disputants) shall first proceed in good faith to submit the matter to mediation. The Disputants will jointly appoint an acceptable mediator and will share equally in the cost of such mediation. In the event the entire dispute is not resolved within thirty (30) calendar days from the date written notice requesting mediation is sent by one Disputant to the other(s), the mediation, unless otherwise agreed, shall terminate. This section shall not alter any date in this contract, unless otherwise agreed. 14. Attorney Fees. In case of arbitration or litigation between Buyer and Broker in their respective capacities, the parties agree that costs and reasonable attorney fees shall be awarded to the prevailing party. 15. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the Buyer may terminate this Agreement at any time without cause by providing written notice of termination to the Broker. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: If to Broker: If to Buyer: City of Fort Collins P.O. Box 580 Fort Collins, CO 80522 5 16. Modification of this Contract. No subsequent modification of any of the terms of this contract shall be valid, binding on the parties, or enforceable unless in writing and signed by the parties. 17. Entire Agreement. This contract constitutes the entire agreement between the parties and any prior agreements, whether oral or written, have been merged and integrated into this contract. 18. Counterparts. If more than one person is named as a Buyer herein, this contract may be executed by each Buyer, individually, and when so executed, such copies taken together shall be deemed to be a full and complete contract between the parties. 29. Copy of Contract. Buyer acknowledges receipt of a copy of this contract signed by Broker. 6 ACCEPTED BY: BROKER: Date: By. THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation Date: By. Date: ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney John F. Fischbach, City Manager By: James B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Sincerely, B. O'Neill ll, CPPO, FNIGP r of Purchasing & Risk Management City of Fort Collins Admini. Ative Services Purchasing Division REQUEST FOR PROPOSAL CITY OF FORT COLLINS REAL ESTATE BUYER'S AGENT Proposal Number P-809 Proposal Date: 3:00 p.m. (our clock) October 23, 2001 215 North Mason Street • 2nd Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • FAX (970) 221-6707 REQUEST FOR PROPOSAL CITY OF FORT COLLINS REAL ESTATE BUYER'S AGENT Proposal Number P-809 The City of Fort Collins is seeking proposals from Real Estate Buyer's Agent/Broker to represent the City in acquiring land suitable for future residential development. Written proposals, five (5) will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 3:00 p/m. (our clock), October 23, 2001. Proposal No. P-809. If delivered, they are to be sent to 215 North Mason Street, 2"d Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Questions concerning the scope of the project should be directed to Maurice Head, Project Manager (970) 221-6342. Questions regarding proposals submittal or process should be directed to James B. O'Neill ll, CPPO, FNIGP, Director of Purchasing and Risk Management. (970) 221-6775. A copy of the Proposal may be obtained as follows: 1. Call the Purchasing Fax -line, 970-416-2033 and follow the verbal instruction to request document #30809. 2. Download the Proposal/Bid from the Purchasing Webpage, www.fcgov.com/purchasing. 3. Come by Purchasing at 215 North Mason St., 2Id floor, Fort Collins, and request a copy of the Bid. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision - making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. 09/12101 Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Sincerely, 1. O'Neill II, CPPO, FNIGP of Purchasing & Risk Management 09/12101 2 Purpose In implementing the City's Land Bank program, a "Real Estate Buyer's Agent/Broker" is being solicited to represent the City in acquiring land suitable for future residential development. The selected Broker may also be used by the City in acquiring lands for Natural Resources and Utilities. The goal of the Land Bank Program is "to maintain an adequate supply of land for housing low and moderate income persons and families. The City has $925,000 available to expend for land banking purposes and additional funding is anticipated in the future. The Land Bank program will acquire sites in fee simple that are primarily appropriate for multi -family residential development and hold them long term so that they are available when needed. Site Selection Criteria The Real Estate Buyer's Agent will focus on identifying sites in the City's Growth Management Area. Some in -fill sites should be considered to provide a distribution of sites around the City. However, land not yet subject to intense development pressures will probably be cheaper than in -fill sites. For this reason, the Real Estate Buyer's Agent should consider the following site selection characteristics in identifying sites for the City to acquire: 1. Sites should be the most affordable when considering not only the cost of the land but also the cost to develop the site. 2. Sites should generally be (3 -15 acres) in a wide variety of locations to distribute affordable housing throughout the City. 3. Sites should be close to services, public transportation, and infrastructure, without environmental constraints and ready for development within a 5 to15 year time period. 4. Sites should be located within 1/2 mile of an elementary school or middle school. 5. Sites should be located within 1/2 mile of parks. 6. Sites should be located within 1/2 mile of transit routes. 7. Sites should be within 1/2 mile of planned future employment and retail centers. 8. Sites should be consistent with City and County Capital Improvement Programs. 9. The zoning and structure plan of sites should also be considered. 10. The sites should be consistent with City Plan. 09/12/01 3 Evaluation Factors The following factors will be evaluated in determining the successful Real Estate Buyer's Agent: 1. The agent shall provide a list of possible sites that fits the City's site selection criteria. 2. The agent shall provide a description of qualifications, experience and resources as they relate to undertaking this work. 3. The agent shall provide a list of clients, for whom work has been performed , including the names of the person or firm contact person, name addresses and phone numbers of clients. 4. The fee charge for providing the services. Scheduling The City would like to locate and acquire appropriate land banking sites within 180 days of executing a contract with the agent. Disclaimer The City of Fort Collins reserves the right to reject any and all Real Estate Buyer's Agents, according to City's own judgement and best interest. 09/12/01 4 REVIEW AND ASSESSMENT Professional firms will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and interview session. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING QUALIFICATION STANDARD FACTOR 2.0 Scope of Proposal Does the proposal show an understanding of the project objective, methodology to be used and results that are desired from the project? 2.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills? Are sufficient people of the requisite skills assigned to the project? 1.0 Availability Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work? 1.0 Motivation Is the firm interested and are they capable of doing the work in the required time frame? 2.0 Cost and Do the proposed cost and work hours compare Work Hours favorably with the project Manager's estimate? Are the work hours presented reasonable for the effort required in each project task or phase? 2.0 Firm Capability Does the firm have the support capabilities the assigned personnel require? Has the firm done previous projects of this type and scope? F/9/00 1 Reference evaluation (Top Ranked Firm) The project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Professional responsive to client needs; did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge a) If a study, did it meet the Scope of Work? b) If Professional administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? 2/9/00 2