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HomeMy WebLinkAboutRFP - 8189 HORSETOOTH LAND BANK DEVELOPER (2)RFP 8189 Horsetooth Land Bank Developer Page 1 of 17 REQUEST FOR PROPOSAL 8189 HORSETOOTH LAND BANK DEVELOPER The City of Fort Collins is requesting proposals from qualified firms to provide Affordable Housing Development and Construction Services. As part of the City’s commitment to Sustainable Purchasing, proposals submission via email is preferred. Proposals shall be submitted in a single Microsoft Word or PDF file under 20MB and e-mailed to: purchasing@fcgov.com. If electing to submit hard copy proposals instead, seven (7) copies, will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals must be received before 3:00 p.m. (our clock), November 30, 2015 and referenced as Proposal No. 8189. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Please note, additional time is required for bids mailed to the PO Box to be received at the Purchasing Office. The City encourages all Disadvantaged Business Enterprises (DBEs) to submit proposals in response to all requests for proposals. No individual or business will be discriminated against on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award and administration of all contracts. Questions concerning the scope of the bid should be directed to Project Manager, Sue Beck- Ferkiss, at (970) 221-6753 or sbeckferkiss@fcgov.com. Questions regarding bid submittal or process should be directed to Ed Bonnette, CPPB, CPM, Senior Buyer at (970) 416-2247 or ebonnette@fcgov.com. All questions must be submitted in writing via email to Sue Beck-Ferkiss , with a copy to Ed Bonnette, no later than 5:00 PM our clock on November 18, 2015. Questions received after this deadline will not be answered. A copy of the RFP may be obtained at www.rockymountainbidsystem.com. 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. All provisions of any contract resulting from this request for proposal will be public information. New Vendors: The City requires new vendors receiving awards from the City to fill out and submit an IRS form W-9 and to register for Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. 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 8189 Horsetooth Land Bank Developer Page 2 of 17 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. Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. Sustainability: Consulting firms/teams participating in the proposal are to provide an overview of the organization’s philosophy and approach to Sustainability. In no more than two (2) pages please describe how your organization strives to be sustainable in the use of materials, equipment, vehicles, fuel, recycling, office practices, etc. The City of Fort Collins incorporates the Triple Bottom Line into our decision process by including economic (or financial), environmental, and social factors in our evaluation. The selected Service Provider shall be expected to sign the City’s standard Agreement without revision prior to commencing Services (see sample attached to this Proposal). Sincerely, Gerry S. Paul Purchasing Director RFP 8189 Horsetooth Land Bank Developer Page 3 of 17 RFP 8189 HORSETOOTH LAND BANK DEVELOPER I. BACKGROUND: The City of Fort Collins is issuing a Request for Proposals from qualified development teams to provide Affordable Housing Development and Construction Services. The City of Fort Collins is the owner of the property at 1506 W. Horsetooth Road, Fort Collins Colorado 80526. The property was purchased as part of the City’s Land Bank program. The parcel is 8 acres. It is zoned low density mixed-use neighborhood (LMN). While density is limited in this zone, a density bonus is available for affordable housing. The City is seeking a development partner to convey this land to for the purpose of building affordable housing consistent with the terms of the Article XI of City Code – Land Banking (see Appendix A, attached. Also available are a 2014 appraisal of this parcel and the 2015 Land Bank Disposition Study on fcgov.com/socialsustainability). The City will evaluate submitting development teams on the basis of interest level, qualifications and capacity to deliver a completed project. The City’s intent is to identify a team that is qualified to engage in this project without involving teams in a laborious and expensive design process. After the evaluation process, the chosen development team will enter into an exclusive negotiating agreement with the City. A proposed format for the exclusive negotiating agreement is attached to this RFP. As part of the exclusive negotiating agreement the chosen team and the City will negotiate the terms and conditions under which the team will purchase and develop the property according to agreed upon plans and established requirements. Expectations will be further defined during the term of the negotiating agreement and the team will prepare a market analysis, provide a preliminary development plan or vision for the site, a conceptual design for the project and proposed financial arrangements. Pending successful negotiations with the City, the parties will enter into a purchase and sale agreement for the property, and the team will design and construct the components of the project in accordance with the agreed development objectives, Land Use Code provisions and other benchmarks. The ultimate outcome of this RFP process is a built affordable housing community on the 8 acre land bank parcel. Potential funding options for the project include Colorado State Tax Credits, Low income Housing Tax Credits (LIHTC), Community Development Block Grant-Disaster Relief funds (CDBG-DR) and other potential grant sources. The development team would be responsible for applying for any of these funds. The development must comply with the City of Fort Collins’ City Code including any zoning changes to the property, City Plan, and the 2015-2019 Affordable Housing Strategic Plan as well as applicable City, County and State affordable housing development criteria. II. TASKS INCLUDE BUT ARE NOT LIMITED TO: 1. Reviewing all applicable land use documents and studies prepared for the Land Bank Program including but not limited to Fort Collins City Code, Fort Collins Land Use Code, and Fort Collins Land Bank Property Disposition Study; 2. Contacting and working cooperatively with Local, State and Federal governmental entities for housing-related issues for the City of Fort Collins; RFP 8189 Horsetooth Land Bank Developer Page 4 of 17 3. Conducting appropriate public outreach utilizing innovative and cost-effective methods to generate and maximize public participation in the development of this parcel. During the schematic design process of the housing community, a series of design charrettes may be conducted by the team to allow City residents, stakeholders and interested parties an opportunity to provide input during the process; 4. Creating a healthy housing development using up to the maximum Area Median Income (AMI) percentages permissible for the Land Bank Program and maximizing density, if possible; 5. Providing a detailed project schedule highlighting the critical path and milestones; 6. Providing a cost analysis and identifying possible funding sources to develop each option considered; 7. Perform or supply all necessary products and services as needed with regards to funding applications, surveying, research, public outreach, analysis, design, geotechnical investigation, specification preparation, exhibits and sketches, environmental permitting, utility coordination, storm water modeling, right-of-way services, public process and other associated development work; 8. Prepare presentations materials as needed and present to the community at public meetings, commissions, City Council, and other stakeholders as requested, hold regular progress meetings, record and distribute meeting minutes; and 9. Keeping and providing a project file or binder with all relevant project documentation. 10. Team supervision: All due diligence work shall be performed under the direction and supervision of a Licensed Professional registered with the Colorado State Board of Registration (DORA). III. PROJECT DELIVERABLES: 1. Upon selection by the City, the development team will design, build, lease or sell, and manage a residential community to be built on the Land Bank parcel. 2. The development must comply with the requirements of the Land Bank program. 3. The community must be solely residential. 4. The community must provide rental housing for households at or below fifty percent (50%) of AMI and/or homeownership housing for households at or below sixty percent (60%) of AMI. No market rate housing shall be included in this community. 5. Upon acquisition of the property, the team shall commence development of all housing within twenty-four (24) months of acquisition and shall obtain building permits for the construction of all housing units within forty-eight (48) months of acquisition of the RFP 8189 Horsetooth Land Bank Developer Page 5 of 17 property. (The City Manager can approve extensions of these time frames upon a finding of “good faith and diligent efforts”). 6. The community must stay affordable in perpetuity. 7. Price for land: The parcel shall be sold at no more than ninety percent (90%) of its full fair market value as determined by the City. If possible, teams shall include in their proposal a sales price offer or range that will work for their community and is less than 90% of the fair market value. The City’s goal is not to take the highest offer, but the proceeds from the sale of this property will be used to purchase additional land bank property; so it is important to the City to maximize the return on its investment in the property, taking into consideration the development the City and the team eventually agree on. IV. PROPOSAL SUBMISSION AND MINIMUM QUALIFICATIONS: 1. Methods and Approach: Describe your expected or recommended approach to addressing the Tasks and Project Deliverables described above. Describe the anticipated interaction with the City. a. Sustainability: All qualified firm/teams participating in the submitted proposal are to explain in detail what their organization does in the way of a Sustainability Plan as a subset of this section. This is to include as a minimum what you do in the way of use of materials, equipment, vehicles, fuel, recycling, office practices, etc. as an organization that demonstrates leadership and that you “walk the talk” in regard to sustainable practices within your own organization, particularly in the building materials and construction practices you employ. 2. List of Project Personnel: Describe in detail the proposed team you are putting together in your proposal. Development team criteria: A team may be either a for-profit or non- profit entity. The team must be a proven development entity; must demonstrate professional affordable housing development experience; must have experience using Community Development Block Grant funds and Low Income Housing Tax Credits; must prove ability to undertake development projects of this size, type, complexity and uniqueness in process and scope; and must display ability to obtain sufficient financing. The team can either be an established design/build firm or a partnership between a developer, licensed architect and licensed contractor. Lead teams shall specialize in Affordable Housing Development and Construction. This list should include the identification of the contact person with primary responsibility for this contract, the personnel proposed for this contract, including any partners and/or subcontractors and their individual areas of responsibility. Please include a brief biography of the lead players, to include at least three references from previous similar projects (preferably involving Affordable Housing). 3. Availability: Describe who your local contact presence is, and where they are currently located. If the team does not have an existing office in Fort Collins, it must associate with a local planning or architecture firm that will maintain a local presence and office during RFP 8189 Horsetooth Land Bank Developer Page 6 of 17 the length of any contract resulting from this RFP process. The team hired will be directed to conduct the following tasks in close coordination with City staff, appropriate board or commissions, and other partners. AS PART OF YOUR PROPOSAL RESPONSE UNDER “AVAILABILITY”, PLEASE INDICATE YOUR AVAILABILITY FOR ON-SITE INTERVIEW IN FORT COLLINS, COLORADO ON DECEMBER 14, 2015 BETWEEN 8:00 A.M.-NOON IN THE EVENT YOU ARE INVITED FOR AN ORAL INTERVIEW ROUND. 4. Team Capability: Describe your team’s capacity (manpower and financial) to handle this project in light of any other prior commitments your team may have. Give up to three examples of any previous experience you have with Affordable Housing projects. 5. Price for Land. What is the price you are prepared to pay the City for the land parcel? How did you arrive at this proposed price? V. REVIEW AND ASSESSMENT Professional firms will be evaluated on the following criteria. These criteria will be the basis for review and assessment of the written proposals and any optional interview session. At the discretion of the City, interviews of the top rated firms may be conducted. 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 address all elements of the RFP? Does the proposal show an understanding of the project objectives, methodology to be used and results/outcomes required by the project? Are there any exceptions to the specifications, Scope of Work, or agreement? 2.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills and qualifications? Are sufficient people of the requisite skills and qualifications 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 Sustainability/TBL Methodology Does the firm demonstrate a commitment to Sustainability and incorporate Triple Bottom Line RFP 8189 Horsetooth Land Bank Developer Page 7 of 17 methodology in both their Scope of Work for the project, and their day-to-day business operating processes and procedures? 2.0 Proposed Price Is the proposed price reasonable to the City? Is it adequate to contribute to the purchase of a new land bank parcel? 2.0 Team Capability Does the proposed team have the resources, financial strength, capacity and support capabilities required to successfully complete the project on-time and in-budget? Has the team successfully completed previous projects of this type and scope? 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 If a study, did it meet the Scope of Work? RFP 8189 Horsetooth Land Bank Developer Page 8 of 17 VI. VENDOR STATEMENT: I have read and understand the specifications and requirements for this Request for Proposal and I agree to comply with such specifications and requirements. I further agree that the method of award is acceptable to my company. I also agree to negotiate in good faith with the City of Fort Collins in order to reach an Agreement within 30 days of notice of award. If contract is not completed and signed within 30 days, City reserves the right to cancel and award to the next highest rated firm. FIRM NAME: ADDRESS: EMAIL ADDRESS: PHONE: BIDDER’S NAME: SIGNATURE: PRIMARY SERVICES ISSUES CONTACT: TELEPHONE: CELL: EMAIL: COMMODITY CODES USED FOR THIS RFP: 918-63 Housing Consulting Contract Process A. The selected team shall be expected to negotiate in good faith with the City of Fort Collins in order to reach an Agreement within thirty days of notice of award. A proposed format for the exclusive negotiating agreement is attached to this RFP as an example. B. The City reserves the right to award directly as a result of the written proposals. The City may or may not opt to conduct oral interviews. C. The City reserves the right to negotiate with any vendor as determined at the City’s sole discretion. The City reserves the right to reject any or all proposals, and to waive any irregularities. RFP 8189 Horsetooth Land Bank Developer Page 9 of 17 VII. SAMPLE AGREEMENT EXCLUSIVE NEGOTIATING AGREEMENT FOR DEVELOPMENT OF PROPERTY AT 1506 WEST HORSETOOTH ROAD THIS AGREEMENT is between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation (“City”) and ___________________________ (“Developer”), and is dated the ___ day of ____________, 2016. RECITALS A. The City is the owner of a parcel of land located at 1506 West Horsetooth Road, Fort Collins, Larimer County, Colorado (the “Property”). B. The Property was purchased as part of the City’s Affordable Housing Land Bank Program, pursuant to Ordinance No. 48, 2001, and the City wishes to facilitate the development of the Property as an affordable housing community. C. The City conducted a Request for Proposal (RFP) process to identify a development team qualified to deliver a completed project that meets the City’s goals and all applicable requirements. D. Developer was selected through the RFP process to enter into this Agreement for the above purposes. NOW, THEREFORE, in consideration of the mutual promises of the parties and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. Developer shall conduct a market analysis/feasibility study for the development of the Property in accordance with applicable City Code requirements and the RFP and shall present the same to the City for its consideration on or before [DATE]. Upon receipt of the market analysis/feasibility study, the City shall consider the study, discuss with Developer and determine whether or not to move forward with a design for the development of the Property. The City's determination shall be made within seven (7) working days of receipt of the market analysis from Developer, and shall be at the City's sole discretion. 2. If the City decides to move forward with the project, the Developer shall prepare conceptual designs for the development of the Property, including site plans, elevations, and a scale massing model, but not including detailed engineering drawings. These designs shall be completed within forty-five ( 45) days of the City’s decision to move forward into the design stage and, upon completion, shall be submitted to the City for its review. 3. Upon receipt of the designs from the Developer, the City shall conduct a special conceptual review, discuss the design details with the Developer, and within seven (7) working days of receiving the designs shall decide whether or not to move forward with the project beyond the design stage. Such determination shall be at the City’s reasonable discretion. 4. If the City decides to move beyond the design stage, Developer shall prepare all plans and submittals necessary to present a complete PDP application to the City’s Planning Department for development review and shall diligently pursue development approval of the RFP 8189 Horsetooth Land Bank Developer Page 10 of 17 project to completion. Developer is responsible for all development applications and for paying all related fees as a part of the development review process and no fees shall be waived by the City unless such waiver is authorized by City Code. The City shall cooperate with Developer in its pursuit of any necessary governmental approvals and permits, including without limitation, the granting of easements and encroachment permits necessary for the completion of the development, provided that Developer complies with all related governmental, legislative and administrative requirements. 5. If during the course of the market analysis, design and development review processes the City determines that any aspect of Developer’s market analysis, designs or development plan for the Property is unacceptable, the City shall provide Developer with written notice and an itemized list or description of such unacceptable items or conditions. Upon receipt of such notice, Developer shall have a reasonable time and opportunity to correct such items, provided that Developer shall diligently pursue correction of such items in an expeditious manner. 6. The City agrees that during the course of market analysis, design and development review, the City will not negotiate with any other developer, person or entity for the sale or development of the Property, as the parties intend that Developer shall have the exclusive right to work toward the acquisition and development of the Property during these stages. 7. All drawings, plans, specifications, schematic designs, site plans, elevations, scale models, engineering drawings, studies, feasibility reports, assessments, marketing and trending research, marketing techniques, pricing policies, financial information, sales processes, bidding processes, costs, profits, sales, markets, patents, intellectual property, trademarks, service marks, patent applications, development plans and all other data delivered in any form including, but not limited to, writings, drawings, surveys, architectural renderings, graphs, charts, photographs, sound recordings, discs, and data compilations in whatever form recorded or stored shall be and remain at all times the sole property of Developer, although such records, if maintained or kept by the City, may be subject to disclosure under the Colorado Open Records Act, Section 24-72-200.1 et seq. C.R.S. 8. If the development application results in the approval of a Project Development Plan, then the City and Developer shall promptly negotiate in good faith toward a mechanism for transferring ownership of the Property to Developer for subsequent development and marketing. Elements to be determined between the City and Developer as part of these negotiations include the purchase price, and any deed restrictions or future interests necessary to ensure that the Property will be developed and maintained in accordance with the City’s intended purposes. 9. It is expressly understood between the parties that any transfer of ownership of the Property must first be approved by the Council of the City of Fort Collins in accordance with Chapter 23, Article IV of the City Code, and that such approval is at the Council's sole discretion. 10. Before the negotiations contemplated in Paragraph 8, Developer shall provide the City with information regarding any public funding sources (such as tax credits or federal, state or local affordable housing funds) that Developer anticipates will be forthcoming in the development of the Project. Developer shall also demonstrate Developer’s financial commitment to perform the Project to completion by proving to the City that it has a satisfactory financial RFP 8189 Horsetooth Land Bank Developer Page 11 of 17 reputation to obtain the necessary financing to construct the Project according to the approved Project Development Plan. 11. Developer is solely responsible for all expenses incurred in the performance of this Agreement, including but not limited to preparing the market analysis/feasibility study and the designs, any environmental reviews, vibration studies, noise analyses, etc., and/or costs incurred in the development review process. The City shall have no obligation to reimburse, share in or support Developer in covering any costs incurred by it as may be necessary to perform its obligations under this Agreement. 12. Developer may terminate this Agreement, with or without cause, at any time, upon fifteen (15) days written notice to the City. The City may terminate this Agreement upon fifteen (15) days written notice to Developer, if Developer has failed to perform its obligations under this Agreement in a timely, professional, comprehensive and workmanlike manner, and has not corrected such failure upon notice and a reasonable opportunity to cure. Any costs incurred by either party in performance of this Agreement shall be the obligation of such party upon termination. 13. All notices provided under this Agreement shall be effective when mailed or sent by overnight commercial courier, postage prepaid and sent to the following addresses: If to the City: City Manager City of Fort Collins 300 LaPorte Ave. P.O. Box 580 Fort Collins, CO 80522-0580 With a copy to: City Attorney City of Fort Collins 300 LaPorte Ave. P.O. Box 580 Fort Collins, CO 80522-0580 If to Developer: 14. Developer, its agents, employees, contractors and representatives may enter upon the Property at any time for the purpose of surveying, testing or conducting any other reasonable activity thereon in pursuance of performing its duties under this Agreement. Developer shall not disturb any tenants on the Property without first coordinating with the City’s Real Estate Services Department. 15. Developer shall indemnify, save and hold harmless the City, its officers and employees, from all damages whatsoever claimed by third parties against the City and arising from Developer’s acts or omissions relating to its activities on the Property and the development RFP 8189 Horsetooth Land Bank Developer Page 12 of 17 of the Property; and for the City’s costs and reasonable attorney’s fees, arising directly or indirectly out of Developer’s negligent performance of any of the work under to this Agreement. Developer shall maintain commercial general liability insurance in the amount of $1,000,000 per occurrence. The City shall be responsible for its own negligence and that of its officers and employees. Nothing herein shall be construed as a waiver of the provisions of the Colorado Governmental Immunity Act, Section 24-10-101 et seq. C.R.S. 16. The parties expect that there may be unforeseen delays and complications that will arise during the course of performance of this Agreement and, accordingly, they agree to reasonably consider requests for extensions of the deadlines as set out in this Agreement, as long as the requesting party is diligently and conscientiously pursuing its obligations under this Agreement. Any such agreed upon extension shall be set out in writing signed by the parties. 17. This Agreement constitutes the entire understandings of the parties with regard to the subject matter hereof and may be amended only by written amendment of the parties. This Agreement shall be binding upon the parties, their successors, representatives and assigns. Neither party may assign it’s rights or obligations under this Agreement without the prior written consent of the other, and any such assignment without the necessary consent shall be null and void and of no effect. This Agreement shall be construed as though drafted mutually by both parties. [Signatures on following page.] RFP 8189 Horsetooth Land Bank Developer Page 13 of 17 This Agreement is executed by the parties as of the day and year first written above. CITY OF FORT COLLINS, COLORADO A municipal corporation By: _______________________________ Darin A. Atteberry, City Manager ATTEST: ______________________ City Clerk APPROVED AS TO FORM _______________________ Senior Assistant City Attorney [DEVELOPER] By: ____________________________ (name, title) ATTEST: __________________________ Corporate Secretary RFP 8189 Horsetooth Land Bank Developer Page 14 of 17 VIII. APPENDIX A – ORDINANCE NUMBER 048 DATED APRIL 17, 2001 RFP 8189 Horsetooth Land Bank Developer Page 15 of 17 RFP 8189 Horsetooth Land Bank Developer Page 16 of 17 RFP 8189 Horsetooth Land Bank Developer Page 17 of 17