County of Amador REQUEST FOR PROPOSALS RFP No. 12-12 Contract Services for REAL ESTATE BROKER SERVICES Deadline for Submission: 1:30 p.m. Thursday, October 25, 2012 UNDER NO CIRCUMSTANCES WILL LATE PROPOSALS BE ACCEPTED Prepared for: General Services Administration County of Amador 12200 B Airport Road Jackson, CA. 95642 (209) 223-6375 COUNTY OF AMADOR REQUEST FOR PROPOSALS 12-12 REAL ESTATE BROKER SERVICES ____________________________________________________________________________ PROJECT DESCRIPTION SUMMARY The County of Amador General Services Administration is seeking proposals for the services of a Real Estate Broker (Broker) to provide Real Property Services for selected County owned properties that are available to sell, develop, lease or convey. The Broker shall act as a Broker/Consultant to the County to assist the County in determining the disposition of all properties listed herein. When deemed by the Board of Supervisors or General Services Director, the Broker shall assist the County in obtaining the highest possible return on its real estate investment by soliciting a qualified buyer, developer, or lessee who is financial qualified to enter into a contract with the County. The Broker shall abide by all State of California standards and practices required of a professional real estate broker at all times. Broker shall conduct media advertising, list the property in the MLS or use any other method available to brokers and perform activities expected from a qualified broker in the industry to sell, develop or lease County properties. BACKGROUND Since the County inception it has accumulated many different properties through their growth and development within the County. The County’s real property list started out with 129 properties and after some title and deed research has reduced this quantity to the existing 75 properties shown on Exhibit B. The General Services Director is the County property Manager and recently assembled a Real Property Working Group (Working Group) which includes two County Supervisors, the County Chief Administrative Officer, the County Assessor, and County Counsel County Community Development. During the meeting the Working Group evaluated some of the County properties and agreed to first indentify the disposition of properties (i.e. sell, develop, lease, mothball, or convey) and to obtain assistance from a Real Estate Broker with Public property experience. SCOPE OF WORK The selected Broker will provide support and consultation to the County in the areas of real estate that are available to sell, develop, lease or convey County properties. The Broker shall work under the supervision of the General Services Director and work closely with the Working Group and County Counsel. The successful Broker shall agree to contract with the County for the following services: Purchasing, marketing and sales of real estate owned or to be acquired by the County; 1 Communicate, advise and negotiate with Sellers, Purchasers, Developers, Investors, Lessees and other Public Agencies in the real estate transactions on behalf of the County; Provide information such as statistics, market analysis, pricing and valuations, financial evaluations, etc.; Evaluations of County properties to determine a course of action to sell, develop, lease, mothball, or convey; The Broker must be a member of local Multiple Listings Services (MLS). Typical duties required to assist the County may include and not be limited to the following: o Provide advice on pricing of properties for sale or purchase; o Provide advertising at Broker’s expense and properties media appropriate for marketing such properties. In some instances additional advertising may be paid by the County upon approval by the County; o Provide recommendations to sell, develop, lease, mothball or convey County properties; o Analyze and evaluate all offers presented to County and prepare recommendations; o Present all offers presented on the County property to County staff and County Counsel, along with analysis and recommendations; o Prepare and present any counter-offers or addenda requested by the County; o Maintain escrow file for all transactions; o Provide accurate land use information as provided by the County Planning and Community Development Department or the Public Agency; o Consult for any land divisions, surveys, inspections, clean up, etc. as may be necessary in connection with specific transactions; o Provide information and documents necessary for Escrow in Preparation for closing, in conjunction with County Counsel; o Provide communication link between the County and the General Service Director and/or the seller/seller’s agent. 2 THE COUNTY’S ROLE The Amador County General Services Director/Purchasing Agent or designee will provide coordination and oversight of the work. County staff will also serve as a resource in a collaborative effort with the chosen proposer. The selected proposer will be required to work closely with the General Services Director and/or Working Group for the County of Amador. COMPENSATION AND REIMBURSEMENT OF EXPENSES Compensation for the scope of work shall be through real estate brokerage commission paid through the proceeds of sales of County properties. The County will not be responsible for any commission shared by any contracted broker or a buyer’s broker. If the sale of any property does not close escrow for any reason, the broker will not be entitled to any compensation. The County will not incur any responsibility for expenses or services rendered by the broker in the performance of property sales. The proposer shall bear all costs for developing their bid, attending meetings, participating in conference calls, media advertising, soliciting buyers, showing property, and completing all paperwork as required to submit an offer or to response to requests or negotiations by the County when selling property. In the event properties are not sold, and the Broker works as a consultant to assist the County in development, leasing, conveyance, or other ancillary service required of the County, the proposer shall be paid on a limit-not-to-exceed basis based upon the hourly rates agreed upon between County and Broker. When working hourly, no commission, compensation or reimbursement of expenses shall be allowed unless agreed to prior to conducting work. The California Constitution requires that any County contract that extends beyond the current fiscal year must be subject to future appropriations. PROPOSAL CONTENT The proposal shall include the following as a minimum: 1. Transmittal Letter: The letter shall state the location where the work is to be performed, and be signed by a principal of the firm. 2. Cover Page: Including firm name, title of proposal, and date; 3. Executive Summary: An overview (1-2 pages only) of the entire proposal describing its most important elements. The summary should present the proposer’s basic scope of work, objectives and intended results of the services to be provided. It should summarize how the services meet the RFP requirements and why the proposer is best qualified to perform the required work. 4. Identity of Proposer: Legal name and business address of the agency or organization making the proposal, legal form, proof of non-profit status, and name, title, address and telephone number of broker and the name title, address and telephone of the key representative. 3 5. Demonstration of Work Understanding: A detailed discussion of the Work showing the proposer’s understanding of the requirements and constraints. 6. Work Plan: Detailed description of the approach and methodology to be used to meet the objectives of the services to be provided. 7. Staffing: List of personnel who will be directly assigned to the Work, together with a discussion of responsibilities for these services and resumes. Include an organizational chart of personnel involved in the Work. 8. Statement of Experience and Qualifications: Description of the nature of the proposer’s present Work, including a mission statement; and a list of current and past work on similar projects, staff who worked on those projects, and corresponding client’s names, titles, and phone numbers. For any projects referenced in the Statement of Experience and Qualifications, list the involvement of the proposed staff members. Broker must be licensed in good standing with the State of California, must have an excellent reputation in the real estate community, must be knowledgeable in local real estate market and have experience with small and large commercial properties and must be knowledgeable, experienced in the use of all public real estate transactions. 9. Execution of Sample Agreement: A statement that the Sample Agreement (see Exhibit A) has been reviewed by the appropriate personnel, and a list of any exceptions or changes which are requested prior to execution of the Agreement. No requests for changes to the Agreement will be entertained other than those presented in the proposal. 10. Cost Proposal: A proposed real estate commission rate of XX% shall be provided on gross real estate transactions. The proposal commission percentage shall warrant that the fees from the commission rate are to cover any and all costs, direct and indirect, for the services under which property is sold for a period of two years. In addition, a schedule of hourly rates shall be included for all other consulting work in the case of development, lease, conveyance or other ancillary services. PROJECT SCHEDULE AND BUDGET The proposer agrees that the compensation schedule for the brokerage services to be rendered under the scope of work will be the rate they will recover for a maximum of two-year period and any extensions thereof for properties being sold. Compensation for scope of brokerage sale services as indicated shall be through commercial real estate commissions paid through real estate transactions based upon only the close of escrow or, in the case of development, lease, conveyance or other 4 ancillary service shall be based upon a limit-not-to-exceed upon the hourly rates agreed to between County and Broker. No other compensation or reimbursement shall be provided. PROPOSAL SUBMITTAL: Proposals submitted must meet the following criteria to be acceptable for consideration regarding this project: 1. Submit ten (10) bound proposal copies and one electronic copy (CD) in Microsoft Word no later than 1:30 p.m. Thursday, October 25, 2012 to the Amador County General Services Administration, 12200 Airport Road, Jackson, CA. 95642. (Note: Firms selected for interview may be required to submit additional copies.) 2. The proposal must be submitted in an envelope clearly marked with the Proposer’s name and “RFP No. 12-12 Real Estate Broker Services”. 3. Proposals received incomplete or late, for any reason, shall not be accepted. 4. All proposals submitted in response to this RFP will become the property of the County and will not be returned. The County reserves the right to make use of any information or ideas contained in the proposals. The proposal itself shall not constitute a contract, but will, if accepted, be incorporated into the contract between the County and the selected proposer. 5. Proposals submitted to the County become public documents subject to disclosure once the proposal is awarded. If the proposer considers any portion of their proposal to be confidential, the proposer must label each and every page of the confidential portions as: “Trade Secret”, “Confidential” or “Proprietary.” The proposer must also list the confidential material at the beginning its proposal, and provide justification for not making such material public. The County shall have the sole discretion to disclose or not disclose such material, subject to any protective order that the proposer may obtain, but it is incumbent on the proposer to assert its rights to confidentiality. Please note: The successful Proposer shall be expected to fully meet all representations made in its proposal, including demonstration of project understanding, work plan, project schedule, project team, and cost proposal. EVALUATION OF PROPOSALS The County staff will evaluate the proposals as described below. Questions concerning the project and/or proposal requirements should be directed to Jon Hopkins, General Services Administration Director/Purchasing Agent for the County by telephone at (209) 223-6759 or by email at [email protected]. 5 1. Proposals shall be opened and checked to ensure that each complies with the requirements of the RFP. The absence of required information may render the proposal non-responsive and may be cause for rejection. 2. Prior to final Proposer selection, a short list of qualified and responsive Proposers may be requested to participate in an interview. The purpose of the interview will be to provide an opportunity for each to present their qualifications and proposals in person and to answer any questions that the County may have regarding the Proposer’s submittals. If interviews are to be held, the time and place of the interview will be arranged after the short list is completed. 3. Proposers will be ranked based on the criteria listed below: a. Demonstrated experience in providing real estate services for public agencies as well as best efforts to determine whether the property is best sold, developed, leased or conveyed and to pursue the real estate transaction(s) necessary to reach sale, lease, development or conveyance; b. Quality and responsiveness of the proposal; c. Appropriateness of the project approach and proposed project plan and budget/real estate commission; d. Scope of work and tasks necessary with the appropriate activities and services carried out to effectuate the real estate transaction goal sought in a timely manner to full closure; e. Expertise, qualifications, and directly related experience of the Broker/agent assigned to the real estate transaction; f. Technical merits of the proposal, including adequacy and completeness of the information provided; g. References of the firm; h. Demonstrated ability to perform quality work and meet time schedules; i. Ability to work and communicate effectively with the public, other agencies and County staff. 4. If agreement cannot be reached with the top ranked Proposer, the County will then contact the next highest proposer and attempt to negotiate a contract. This process will be continued until a contract is successfully negotiated, or until the County determines to cease negotiations with any proposer. 5. The County is an Equal Opportunity/Affirmative Action Employer and the successful proposer will be required to comply with the provisions of Federal Executive Order 11246 and applicable state and federal laws. 6 Proposers should be familiar with the Employers’ Practical Guide to Reasonable Accommodations the Americans with Disabilities Act as published by the Job Accommodation Network, a service of the U.S. Department of Labor’s Office of Disability Employment Policy. TERMS OF REQUEST FOR PROPOSALS I. 1. Acceptance of Proposals: The County reserves the right to reject any and all proposals and to waive any informality, technical defect, or clerical error in any proposal. This RFP is not an offer to contract. 2. Oral Communications: Any oral communication between the County and the proposer is not binding, nor will it modify the RFP in any way. 3. Amendments: We expect that you may have questions as you prepare your response to the RFP. To handle these questions most effectively and to ensure that everyone has the same information, we request that you promptly send a contact e-mail address to [email protected] if you intend to submit a proposal. Answers to questions submitted to the County regarding the RFP will be provided via e-mail and copied to each firm that has submitted a contact e-mail address. Questions must be received no later than Friday, October 19, 2012 at 5:00 p.m. 4. Proposal Cost: The cost of developing the proposal is the sole responsibility of the proposer; the County is not liable for any costs incurred by those submitting proposals. 5. Proposal Submission: Proposers may submit proposals by any means (e.g., U.S. Mail, Fed Ex, courier, etc.). Proposals must be received at the address noted by the deadline. 6. Basis for Proposal: The RFP and any amendments to it represent the most definitive statement the County will make concerning information upon which proposals are to be based. Proposers will be assumed to have thoroughly examined these documents. Any clarification to these documents shall be requested in writing by the proposer at least one week before the deadline for proposal submission. Written interpretations or changes to the RFP made by the County will be furnished to all proposers receiving the RFP. EXHIBITS A Sample Services Agreement: Attachments A through C; B Amador County Property List. 7 Real Estate Broker Services including
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