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HomeMy WebLinkAboutRFP - 7584 REAL ESTATE BUYERS AGENTRFP 7584 Real Estate Buyer’s Agent Page 1 of 19 REQUEST FOR PROPOSAL 7584 REAL ESTATE BUYER'S AGENT The City of Fort Collins is seeking proposals from a Real Estate Buyer's Agent/Broker to represent the City in negotiating the purchase of properties for the Poudre River Downtown Project Proposals submission via email is preferred. Proposals shall be submitted in Microsoft Word or PDF format and e-mailed to: purchasing@fcgov.com. If electing to submit hard copy proposals instead, five (5) copies, 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), December 30, 2013 and referenced as Proposal No. 7584. If delivered, they are to be sent to 215 North Mason Street, 2 nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. The City encourages all disadvantaged business enterprises to submit proposals in response to all requests for proposals and will not be discriminated against on the grounds of race, color, national origin for all proposals for negotiated agreements. Questions concerning the scope of the project should be directed to Project Manager, Tawnya Ernst, Real Estate Specialist III, at (970) 416-2245 or ternst@fcgov.com. Questions regarding bid submittal or process should be directed to Gerry S. Paul, Director of Purchasing Risk Management at (970) 221-6779 or gspaul@fcgov.com. A copy of the Proposal may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, www.fcgov.com/eprocurement The City of Fort Collins is subject to public information laws, which permit access to most records and documents. Proprietary information in your response must be clearly identified and will be protected to the extent legally permissible. Proposals may not be marked ‘Proprietary’ in their entirety. Information considered proprietary is limited to material treated as confidential in the normal conduct of business, trade secrets, discount information, and individual product or service pricing. Summary price information may not be designated as proprietary as such information may be carried forward into other public documents. All provisions of any contract resulting from this request for proposal will be public information. Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing RFP 7584 Real Estate Buyer’s Agent Page 2 of 19 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. 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, Gerry S. Paul Director of Purchasing & Risk Management RFP 7584 Real Estate Buyer’s Agent Page 3 of 19 REQUEST FOR PROPOSAL 7584 Real Estate Buyer's Agent Purpose The City is seeking a "Real Estate Buyer's Agent/Broker" to represent the City in negotiating acquisitions along East Vine Drive for the Poudre River Downtown Project. The goal of the Project is to improve opportunities for recreation, habitat and flood protection along the Poudre River from Shields Street to Mulberry Street. In order to accomplish this, the City Parks, Utilities and Natural Areas departments are interested in acquiring properties along the River in the downtown core. The City has identified seven properties of particular interest. Acquisition of these properties will afford the City the ability to create a new park with ADA access to the river, to potentially develop a water-craft course and to implement substantial stormwater improvements. The City has funding available for acquisition purposes. The City will acquire sites in fee simple. Role of the Broker The Broker's primary responsibilities will be to work with the landowners identified by the City who are willing to sell their property, to negotiate the terms of the sale and if necessary find and evaluate potential replacement properties (of similar zoning/use, i.e. residential, commercial or light industrial), to bring the information to the City for review, and proceed with negotiation to acquire the properties if so directed by the City. The Scope of Work is described in more detail in Exhibit A to the proposed contract attached to this RFP. Evaluation Factors Written proposals should include the following information which will be evaluated in determining the successful Real Estate Buyer's Agent/Broker: The Broker shall provide a description of qualifications, experience and resources as they relate to undertaking this work. The Broker shall provide a list of clients for whom work has been performed, including the names of the person or firm contact person, addresses and phone numbers. Broker's proposed fee for providing the services to the City. This fee should be defined as a percentage of the purchase price for a property closed on by the City in two different circumstances: (1) When the Broker completes all negotiations with a seller and the property can be brought under contract by Broker using the City's standard form purchase and sale agreement with no material changes or additional contingencies, Broker's fee will be _______%. (2) When the Broker negotiates with a seller and brings the terms of a transaction to the City but City staff must complete the document preparation and review because the RFP 7584 Real Estate Buyer’s Agent Page 4 of 19 property cannot be brought under contract without material changes to the City's standard form purchase and sale agreement, additional agreements such as easements or a lease back to seller, action by the City Council, additional contingencies or other similar issues, Broker's fee will be _______%. The City will pay Broker's fee for a property on closing. Scheduling The City would like to have these properties acquired within 365 days of executing a contract with Broker. Disclaimer The City of Fort Collins reserves the right to reject any and all Real Estate Buyer's Agents/Brokers, according to City's own judgment and best interest. RFP 7584 Real Estate Buyer’s Agent Page 5 of 19 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 optional interview session. At discretion of the City, interviews of top rated firms may be held. 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 FACTOR QUALIFICATION STANDARD 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 Work Hours Do the proposed cost and work hours compare 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? RFP 7584 Real Estate Buyer’s Agent Page 6 of 19 Reference Evaluation (Top Rated 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? RFP 7584 Real Estate Buyer’s Agent Page 7 of 19 EXCLUSIVE RIGHT-TO-BUY CONTRACT (BUYER AGENCY) The City of Fort Collins, Colorado, a Municipal Corporation ("City") appoints ("Broker") as the City's exclusive agent for the purpose of representing the City to acquire interests in real property for the City's Poudre River Downtown Project (the "Project") under the terms specified herein. This contract shall be effective on the date signed by the City. 1. Scope of Services. The City is seeking to acquire one or more properties appropriate for the Project ("Property" or "Properties"). To assist the City in achieving this goal, Broker shall perform the tasks identified as being Broker's responsibility in the Scope of Services attached hereto as Exhibit "A" and incorporated herein by reference. The City shall be responsible for the tasks identified in Exhibit A as the City's responsibility. 2. Effect of Exclusive Buyer Agency Contract. Broker is the limited agent of the City and will represent only the City in transactions involving Properties for the Program. Any compensation to Broker which is conditioned upon the acquisition by the City of interests in real property will be earned by Broker whenever such interests are acquired by the City directly or indirectly, without any discount or allowance for any efforts made by the City or any other person in connection with the acquisition of such interests by the City except as described in 7(c) below. The City shall hire no other Brokers to acquire Property for the Program during the period of this contract. However, the City reserves the right to allow City staff to seek out and negotiate for Properties for the Program in addition to those Properties identified by Broker as part of Broker's work hereunder. The City RFP 7584 Real Estate Buyer’s Agent Page 8 of 19 reserves the right not to purchase any Properties presented by Broker. 3. Purchase. "Purchase of the Property" or "Purchase" means the voluntary acquisition of any interest in the Property. 4. Property. The Property or Properties to be acquired shall meet the criteria listed on Exhibit "B" attached hereto and incorporated herein by this reference. 5. Duration of Agency. Broker's authority as the City's exclusive agent shall begin , 20 and shall continue until , 20 unless an extension is agreed to by the parties. 6. Broker's Services. a) Broker will exercise reasonable skill and care for the City, and make reasonable efforts to acquire properties identified by the City for the Project from willing sellers. The Broker will negotiate the terms of the sale and if necessary find and evaluate potential replacement properties (of similar zoning/use, i.e. residential, commercial or light industrial), for City review. b) Broker will promote the interests of the City with the utmost good faith, loyalty, and fidelity, including but not limited to: 1) seeking a price and terms which are acceptable to the City, 2) procuring acceptance of any offer to purchase property and assisting in the completion of the transaction; 3) presenting all offers to and from the City in a timely manner, regardless of whether the City is already a party to a contract to purchase Property; RFP 7584 Real Estate Buyer’s Agent Page 9 of 19 4) disclosing to the City adverse material facts actually known to Broker, counseling the City as to any material benefits or risks of the transaction which are actually known to Broker, 5) advising the City to obtain expert advice as to material matters about which Broker knows but the specifics of which are beyond the expertise of Broker, and 6) accounting in a timely manner for all money and property received. c) Broker shall not disclose to the seller or any other third party, without the informed consent of the City: 1) that the City is willing to pay more than the purchase price for Property; 2) what the City's motivating factor(s) are; 3) that the City will agree to financing terms other than those offered; 4) any material information about the City unless disclosure is required by law or failure to disclose such information would constitute fraud or dishonest dealing; 5) any facts or suspicions regarding circumstances which would psychologically impact or stigmatize Property; and 6) any City confidential or privileged information. d) Broker shall disclose to any prospective seller all adverse material facts actually known by Broker, including but not limited to adverse material facts concerning the City's financial ability to perform the terms of the transaction. RFP 7584 Real Estate Buyer’s Agent Page 10 of 19 7. Compensation to Broker. a) In consideration of the services to be performed by Broker, the City shall pay Broker a fee equal to a percentage of the purchase price of a Property and/or a Replacement Property. This fee is conditioned upon the City's Purchase of the Property or the acquisition by the City of a property not in compliance with the requirements specified in Section 4 but acquired by the City through Broker's work under this contract. This fee is payable upon closing of the transaction(s), subject to the provisions of Section 9. b) The 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 the City by Broker during the original term or any extension(s) of the term of this contract; provided, however; that the City 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. c) The percentage fee paid shall be as follows: 1) When the Broker completes all negotiations with a seller and the property can be brought under contract by Broker using the City's standard form purchase and sale agreement with no material changes or additional contingencies, Broker's fee will be________%. RFP 7584 Real Estate Buyer’s Agent Page 11 of 19 2) When the Broker negotiates with a seller and brings the terms of a transaction to the City but City staff must complete the document preparation and review because the property cannot be brought under contract without material changes to the City's standard form purchase and sale agreement, additional agreements such as easements or a lease back to seller, action by the City Council, additional contingencies or other similar issues, Brokers fee will be ______%. d) Whether the City shall purchase a Property and whether the City will complete the document preparation to bring a Property under contract or shall instruct Broker to do so is in the City's sole discretion. e) 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. 8. Forms of Agreement. Any agreements, contracts or other legal documents used in acquiring property for the City under this contract must be in a form acceptable to and approved by the City. The City's standard agreement for purchase and sale of real property is attached hereto as Exhibit "C". 9. Failure to Close. If a seller defaults under the terms of an agreement for purchase and sale of Property, or if the City terminates an agreement for purchase and sale for cause, Broker shall not be entitled to a fee. If the City defaults under the terms of an agreement for purchase and sale of Property, Broker's fee will be due and payable immediately. Broker shall not be obligated to advance funds for the City. RFP 7584 Real Estate Buyer’s Agent Page 12 of 19 10. 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. 11. Disclosure of City's Identity. Broker does have the City's permission to disclose the City's identity to third parties without prior written consent of the City. 12. Assignment by City. No assignment of the City's rights or obligations under this contract and no assignment of rights or obligations in property obtained for the City under this contract shall operate to defeat any of Broker's rights. 13. 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. 14. Alternative Dispute Resolution: Mediation. If a dispute arises relating to this contract and is not resolved, the parties shall first proceed in good faith to submit the matter to mediation. The parties 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 party to the other, the mediation, unless otherwise agreed, shall terminate. This section shall not alter any date in this contract, unless otherwise agreed. 15. Attorney Fees. In case of arbitration or litigation arising out of this contract, the parties agree that the non-prevailing party shall be responsible for the prevailing RFP 7584 Real Estate Buyer’s Agent Page 13 of 19 party's reasonable costs and legal fees, including attorney fees. 16. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City 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: Professional City Copy To: Attn: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 17. Prohibition on Employing Illegal Aliens. In compliance with C.R.S. § 8-17.5-101, Broker represents and agrees that: (a) As of the date of this contract, Broker does not knowingly employ or contract with an illegal alien who will perform work under this contract; and Broker will participate in the electronic employment verification program created in Public Law 104-208, as amended, and expanded in Public Law 108-156, as amended, and jointly administered by the United States Department of Homeland Security and the Social Security Administration, or its successor program (the “E-verify Program”) in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this contract. (b) Broker shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that fails to RFP 7584 Real Estate Buyer’s Agent Page 14 of 19 certify to Broker that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. (c) Broker has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this contract through either the E-verify Program or the employment verification program established by the State of Colorado, pursuant to Section 8-17.5-102(5)(c), C.R.S. (the “Department Program”). (d) Broker is prohibited from using the E-verify Program or the Department Program procedures to undertake pre-employment screening of job applicants while this contract is being performed. (e) If Broker obtains actual knowledge that a subcontractor performing work under this contract knowingly employs or contracts with an illegal alien, Broker shall: (i) Notify such subcontractor and the City within three days that Broker has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (ii) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Broker shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. RFP 7584 Real Estate Buyer’s Agent Page 15 of 19 (f) Broker shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. (g) If Broker violates any provision of this contract pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this contract. If this contract is so terminated, Broker shall be liable for actual and consequential damages to the City arising out of contractor’s violation of Subsection 8-17.5- 102, C.R.S. (h) The City will notify the Office of the Secretary of State if Broker violates this provision of this contract and the City terminates the contract for such breach. 18. 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. 19. Entire Agreement. This contract including Exhibits A and B constitutes the entire agreement between the parties and any prior agreements, whether oral or written, have been merged and integrated into this contract. RFP 7584 Real Estate Buyer’s Agent Page 16 of 19 CITY OF FORT COLLINS, COLORADO a municipal corporation By:_______________________________ Gerry Paul Director of Purchasing and Risk Management Date:_____________________________ ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney By:_______________________________ __________________________________ PRINT NAME __________________________________ CORPORATE PRESIDENT OR VICE PRESIDENT Date:_____________________________ ATTEST: (Corporate Seal) _____________________________ CORPORATE SECRETARY RFP 7584 Real Estate Buyer’s Agent Page 17 of 19 EXHIBIT A SCOPE OF WORK The Broker shall be responsible for assisting the City in placing under contract to purchase appropriate properties ("Property" or "Properties") for the City's Poudre River Downtown Project ("Project"). The City's goal is to have such Properties under contract within 365 days of the execution of this contract. A. The steps to be completed, the party responsible for each step, and the required time frame, if any, for completion of each step, are as follows: 1) Broker shall determine whether the owners of the Properties are willing to sell and if so under what parameters, i.e. standard sale or via a land exchange. 2) If the landowner desires to exchange their property for a comparable replacement property (“Replacement Property”), Broker shall research and identify properties of like zoning and use for the exchange. 3) Broker shall present to the City for review all information Broker has obtained about the Properties and Replacement Properties. Broker shall discuss any replacement property with the City and receive the City’s approval prior to presenting it to the owners as a property for exchange. 4) Within five business days of the Broker's presentation, the City shall decide whether to proceed to acquire any of the Properties and/or Replacement Properties presented by Broker, and notify Broker of its decision. B. Should the City decide to proceed towards acquisition of one or more Properties, the Broker shall begin negotiations with the seller(s) on terms and conditions of a purchase, working from the City's standard form Purchase and Sale Agreement (attached to this contract as Exhibit C). C. If the City wants an appraisal of a Property or Replacement Property, the City shall order and pay for such appraisal, and shall share the results of such appraisal with Broker. D. Broker shall keep the City advised of the status of negotiations. Once Broker has negotiated what Broker believes to be the best possible terms and conditions for purchase of a Property or Replacement Property by the City, Broker shall present the proposed transaction to the City. E. The City shall review the proposed terms and conditions and shall decide whether it is in the best interests of the City to enter into the proposed transaction. The City shall notify Broker of its decision within five business days of Broker's presentation of the proposed transaction. RFP 7584 Real Estate Buyer’s Agent Page 18 of 19 F. Should the City decide to proceed with the proposed transaction, the City shall either: 1) Direct Broker to conclude negotiations and complete the necessary paperwork to bring the Property under contract: or , 2) Complete the negotiations and document preparation itself and bring the property under contract. Option 1 is the City's preferred approach in order to save staff time, however, it shall only be appropriate if the proposed transaction is straightforward and will not involve material changes to the City's standard Purchase and Sale Agreement. Should the proposed transaction involve additional contingencies, material changes to the City's standard Purchase and Sale Agreement, leases or easements back to the seller, City Council action or other similar issues, the City may choose option 2 as members City staff are in the best position to process those issues on the City's behalf, including drafting of documents, requesting action by City Council, and legal review. G. After a Property is under contract, the City shall update and review the title commitment and order any necessary environmental assessments or other assessments prior to closing. H. The Broker shall assist the City in resolving any issues that arise prior to closing. RFP 7584 Real Estate Buyer’s Agent Page 19 of 19 EXHIBIT B CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Service Provider has agreed to perform, the Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Service Provider understands and agrees that the City’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law.