SILVER FALLS SCHOOL DISTRICT 4J REQUEST FOR PROPOSALS REAL ESTATE SALES SERVICES

Transcription

1 SILVER FALLS SCHOOL DISTRICT REQUEST FOR PROPOSALS REAL ESTATE SALES SERVICES DEADLINE FOR RECEIPT OF RFP: TO BE OPENED BY: May 1, 2016 at 3:00 p.m. Superintendent Andy Bellando Silver Falls School District 4J NO FAXED OR ELECTRONIC PROPOSALS WILL BE ACCEPTED ADDRESS TO: SILVER FALLS SCHOOL DISTRICT 4J Attn: Andy Bellando, Superintendent 612 Schlador Street Silverton, OR Phone: Fax: GENERAL INFORMATION Silver Falls School District 4J (the District ) is seeking proposals to act as real estate agent for the District in the sale of certain property more commonly referred to as the Eugene Field School in Silverton, Oregon. The Real Estate Agent or Firm (the Agent ) is to be employed to list and sell the Eugene Field School in Silverton, Oregon according to a listing agreement to be negotiated and approved between the District and the proposer. The District is not bound by any decision about the proposer until an acceptable listing agreement is signed. The District shall have the right to determine whether the listing agreement is acceptable in its sole discretion. Sealed proposals must be received at the above address by May 1, 2016 at 3:00 p.m. It is entirely the responsibility of the proposer to ensure that their proposal is received at the above location by this deadline. Proposals which are received after the deadline will not be considered and will be returned to the proposer, unopened. The District reserves the right to reject any proposal not in compliance with all prescribed public procurement requirements and to reject for good cause any or all proposals upon finding that it is in the public interest to do so. No proposal will be received or considered unless fully complete in the manner provided in this proposal document and advertisement for proposals. Proposers shall provide five (5) copies of their proposal and all attachments. All proposals must be sealed in an envelope and addressed to the above address. Submit only one (1) proposal for consideration. Multiple proposals will be deemed nonresponsive. Page-1 Request for Proposals

2 DESCRIPTION OF THE DISTRICT AND PROPERTY Silver Falls School District 4J is located in Silverton, Oregon and serves the City of Silverton and a large rural area surrounding it. It is a political subdivision of the State of Oregon. The District s Board of Directors (the Board ) has declared the Eugene Field School as no longer necessary for the District s use and has authorized its sale. The Eugene Field School (the Property) is located at 410 North Water Street, Silverton, OR The Property is 3.46 acres, more or less, located in downtown Silverton. The property is currently zoned Public Overlay which is an overlay zone under the City of Silverton Zoning Code. The District understands that the underlying zone is Downtown Commercial Fringe. The Buyer will be responsible to do its own due diligence on zoning and any land use approvals needed for Buyer s intended use. The site is improved with a building of 35,000 square feet, more or less. The school building was built in approximately The building likely contains asbestos containing building materials and lead paint and may have other environmental risks or hazards. The sale of the building will be AS IS and with all faults. The sale agreement will contain an environmental indemnity in favor of the District. RESPONSIBILITIES OF PROPOSERS The District follows the Oregon Public Contracting Code, ORS 279 and related regulations, as modified by any applicable District policy. Certain purchases go through a prescribed bid/quote/proposal process (for the purposes of this document, bid, quote and proposal may be used interchangeably). A Request for Proposal (RFP) allows the District to evaluate vendors proposals using criteria in addition to or instead of price. As a proposer, you are expected to submit proposals that are accurate, complete, and contain all terms and conditions which you feel are necessary. If, after submitting your proposal, you find changes are necessary, you may change or withdraw your proposal any time up to the time of the proposal submission deadline. However, after the deadline, the bid may not be changed or altered in any way. If accepted, your bid/quote/proposal is considered a binding contract that you, as the proposer, will be expected to honor, subject to execution of a final listing agreement acceptable to the District. SUBMITTAL ACCEPTANCE Submittals will be judged on the completeness and quality of content as described in this RFP together with an interview with finalists. Ultimately, the District will determine the successful proposal, if any, based on the determination of the Board of Directors based on all information available. Only those submittals that contain complete information as required by these specifications will be considered for evaluation. RIGHT OF AWARD OR REJECTION Submission of a response shall indicate to the District that the proposer accepts all the terms and conditions contained in this RFP and associated documents. It is understood that all submittals Page-2 Request for Proposals

3 shall become a part of the public file on this matter without obligation to the District. The District may reject any submittal that does not comply with all the prescribed submission procedures and requirements in this RFP, and may, for good cause, reject any or all submittals, or any part of a submittal, upon a finding that it is in the public interest to do so. INQUIRIES Questions that arise during preparation of the RFP shall be submitted by to bellando_andy@silverfalls.k12.or.us. All questions must be received by bellando_andy@silverfalls.k12.or.us no later than April 26, 2016 at 2:00 PM. All questions and answers thereto shall be provided to all responders via by April 27, 2016 at 5:00 p.m. SCHEDULE OF EVENTS April 18, 2016 April 22, 2016 April 29, 2016 May 3, 2016 May 3, 2016 May 4-6, 2016 May 9, 2016 Advertisement of Request for Proposal Pre-proposal meeting on site Last day to submit proposals for consideration Initial screening for interviews Notification of agents selected for interview Interviews (if deemed necessary) Anticipated Board selection of Agent CONTRACT The Agent will initially be appointed for one hundred eighty (180) days. The appointment shall be in accordance with Board Policy 6031 Appointment of Board Agents. With Board approval, an extension may (but need not) be given after the initial appointment. This procedure does not prevent the Board from taking action to revoke the appointment of an Agent at any time upon affirmative vote of the Board at a Board meeting based on improper conduct by the agent. The successful proposal and all terms and conditions contained in this RFP will be made part of the contract. The management of this contract for the District will be the direct responsibility of Andy Bellando, the District s Superintendent. In the event that the Agent fails to carry out or comply with any of the terms and conditions of the contract, the District reserves the right to demand remedy of any failure or default within ten (10) days. In the event that the Agent fails to remedy the failure or default within the specified period, the District shall have the right to cancel and terminate the contract without additional notice. Page-3 Request for Proposals

4 INTERPRETATION OF SPECIFICATIONS No officer or employee of the District has any authority to place any interpretation, either verbal or written, upon the foregoing or annexed specifications without written approval from the Board. PROHIBITION OF ALTERNATIONS Proposals that are incomplete or that contain irregularities of any kind or that are not in conformity with the law or this RFP may be rejected. ACCEPTANCE OF CONDITIONS Each bidder, by the submission of a proposal, assents to each and every term and condition set forth anywhere in these specifications and agrees to be bound thereby. EQUAL EMPLOYMENT COMPLIANCE REQUIREMENT By submitting this proposal, the bidder certifies conformance to the applicable Federal Acts, Executive Orders and Oregon Statutes concerning Affirmative Action toward equal employment opportunities. All information and reports required by the Federal or Oregon Governments having responsibilities for the enforcement of such laws shall be supplied to the District upon request for purposes of investigation to ascertain compliance with such acts, regulations and orders. DEPARTURES FROM TERMS OF CONTRACT No direction or approval given by the District or any representative of the District which deviates in any respect from the specifications or other contract documents shall be valid or recognized unless and until the same is reduced to writing and issued in the form of a written order over the signature of the Superintendent. NON-ASSIGNABILITY Neither the contract nor any interest of the Agent therein can be transferred to any other person or persons without the written consent of the District, and any such attempted transfer shall be utterly void and may be treated by the District as a willful failure or refusal on the part of the Agent to perform the contract according to its terms and conditions. PROHIBITED INTERESTS No official of the District who is authorized in such capacity and on the behalf of the District to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any furnishing of service for the District, shall become directly or indirectly interested personally in this contract or any part thereof. No officer or employee of or for the District who is authorized in such capacity and on behalf of the District to exercise any legislative, executive, supervisory, or other similar functions in connection with the services provided or in any part thereof, items, insurance contracts or any other contract pertaining thereto, shall become directly or indirectly Page-4 Request for Proposals

5 interested personally in this contract or any part thereof. RESERVATIONS The Board herein expressly reserves the following rights: To negotiate separately with any source whatsoever in any manner necessary to serve the best interest of the District. The District does not intend to award a contract solely on the basis of any response made to this RFP or in any way to pay for information solicited or obtained. The information obtained will be used in determining what seems to best serve the interest of the District; To adjust the time table of this RFP; To adjust potential addenda; To seek clarification of each proposal; To negotiate the Statement of Work within the scope of work described above; To reject any or all proposals as permitted by Oregon Statute, Rules of Procurement or Administrative Rule; To consider the competency and responsibility of bidders and of their proposed subcontractors in making the award; To cancel the solicitation, if such cancellation would be in the public interest; Where applicable, in the event any proposer to whom the contract is awarded shall default in executing said formal contract within the time and in the manner herein specified, to re-award the contract to another bidder or bidders as provided by statute; In the event only one proposal is received, the Superintendent may, at his discretion, return the proposal unopened; To make the award based on its best judgment as to which Agent will provide services which best meets the District s needs and expectations; and Where applicable, to make such changes as it may deem necessary prior to the proposal opening. Agents will be notified of such changes in writing by addenda mailed to the address on file. EVALUATION CRITERIA Page-5 Request for Proposals

6 Proposals will be evaluated and assigned points in the following categories: CRITERIA MAXIMUM POINTS Experience providing real estate agent services to the public education 20 sector Availability to begin and conduct services on schedule 20 Experience in sales of similar properties 20 Proposal response clearly states an understanding of work to be 30 performed in accordance with the District s objectives/experience, and provide a clear marketing plan, including listing price Cost of services 10 A screening committee will review the proposals and evaluate them using an evaluation and criteria point system. Submittals will be judged on the completeness and quality of content as described in this RFP. Only those submittals that contain complete information as required by these specifications will be considered for evaluation. The District s proposal evaluation committee will review all proposals submitted and will carry out interviews, if deemed necessary. The highest scoring proposal may be scheduled for interview(s) and presentation(s) at the May 9, 2016 Board meeting. Individuals selected for a Board interview may be asked to respond to additional written questions before the interview. INCURRED COSTS Neither the District nor its Board of Directors are liable for any costs incurred by an Agent in the preparation of the RFP or attending an oral interview. PROTEST PROCEDURES SOLICITATION PROTEST Prospective proposers may submit a written protest, or request for change, of particular solicitation provisions, specifications or contract terms and conditions to the District no later than seven (7) calendar days prior to the close of the solicitation. Such protest or request for change shall include the reasons for the protest or request, and any proposed changes to the solicitation provisions, specification, or contract terms and conditions. No protest against selection of an Agent, because of the content of solicitation provisions, specifications or contract terms and conditions shall be considered after the deadline established for submitting such protest. SELECTION PROTEST Every proposer who submits a response to the RFP shall be informed of the proposer to whom the contract has been awarded. A proposer, who has submitted a proposal and claims to have been adversely affected or aggrieved by the selection of a competing proposer, shall have seven (7) Page-6 Request for Proposals

7 calendar days after receiving the notice of selection to submit a written protest of the selection to the District Superintendent. To be adversely affected or aggrieved, a protester must claim that the protester was the highest ranked proposer eligible for selection, i.e., the protester must claim that all other proposers were ineligible for selection because their proposals were non-responsive or the proposers non-responsible. The District shall not consider a selection protest submitted after seven (7) calendar days from the notice of selection. PROTEST REVIEW The Board shall have the authority to settle or resolve a written protest submitted in accordance with the protest sections above. The Superintendent shall promptly issue a written decision. PROTEST SUBMISSION All protest submissions shall be clearly identified and submitted to: INSURANCE REQUIREMENTS SILVER FALLS SCHOOL DISTRICT 4J Attn: Andy Bellando, Superintendent 612 Schlador Street Silverton, OR Proposers shall secure, at their own expense and keep in effect during the term of any contract, any required Worker s Compensation Insurance in compliance with ORS , which requires subject employers to provide Oregon worker s compensation coverage for all their subject workers. Proposers shall secure, at their own expense and keep in effect during the term of any contract, occurrence form commercial general liability and automobile liability insurance for the protection of Agent, the District, its Board of Directors, officers, agents and employees. Coverage shall include personal injury, bodily injury (including death) and broad form property damage, including loss of use of property, occurring in the course of or in any way related to Agent's operations, in an amount not less than TWO MILLION DOLLARS ($2,000,000.00) combined single limit per occurrence. Proposers may be required to provide the District with evidence of professional errors and omissions liability insurance for the protection of Agent and its employees, insuring against bodily injury and property damage and arising out of or resulting from Agent's negligent acts, omissions, activities or services, in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) combined single limit per occurrence. Such insurance shall be endorsed to include contractual liability. NOTICE OF CANCELLATION OR CHANGE There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without thirty (30) days written notice from the Agent or its insurer(s) to Page-7 Request for Proposals

8 District. CERTIFICATES OF INSURANCE Where applicable, as evidence of the insurance coverage required by this contract, the Agent shall furnish acceptable insurance certificates to the District prior to issuance of a Notice to Proceed. The certificate will specify all of the parties who are Additional Insureds. Insuring Companies or entities are subject to the District acceptance. If requested, complete copies of insurance policies, trust agreements, etc., shall be provided to the District. The Agent shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self-insurance. SCOPE OF WORK The listing contract will require the Agent to assist the District in the sale by performing at minimum, the following tasks: 1. Recommend a listing price and provide a comparative market analysis or other valuation method to support the recommended price; 2. Prepare a listing contract after negotiation with the District s legal counsel; 3. Submit a marketing plan to the District Board and Superintendent setting out the marketing tools and plan for their utilization; 4. Implement the marketing plan approved by the District, including but not limited to placement, at the Agent s expense, of any advertising materials; 5. Work cooperatively with the other real estate agencies and agents to generate interest in the Property; 6. Solicit written offers for the sale of the Property; 7. Present all submitted offers to the Superintendent and, if requested, the Board; 8. Advise the Superintendent and Board about how to respond to any offers received; 9. Document any accepted offers, counteroffers, addenda and the like in conjunction with the District s legal counsel; 10. Obtain all necessary signatures to bind a potential buyer to any final agreement; and 11. Assist the District with all pre-closing, closing and post-closing matters. The Agent should expect to work cooperatively with the District, its personnel, its legal counsel and other professional consultants to insure a sale at the best price and terms for the District. PROPOSAL SPECIFICATIONS Page-8 Request for Proposals

9 Please provide the information specified below. Additional information is welcome but not required. The total length of the proposal, including attachments, should not exceed fifteen (15) pages. AGENT INFORMATION 1. Company name, location and mailing address of the office that will lead the effort, and contact information; and 2. Name, address, title, telephone, address and fax number of the person who would be responsible for the District contract. PROJECT TEAM AND EXPERIENCE 1. Number of years of experience providing real estate sales related services; 2. Provide professional resume for persons that would provide real estate sales related services; 3. Provide a narrative about real estate related service experiences relevant to the sale of the Eugene Field School; 4. List representative Oregon clients and public sector clients where available for whom relevant real estate services have been provided for the last three (3) to five (5) years. Please provide the name and telephone number of a contact person for personnel services and for labor relations services for each client; 5. Provide a proposed listing price and either a comparative market analysis or other valuation technique that justifies the proposed listing price; 6. Provide an outline of a marketing plan and a short explanation of the reason for that plan; and 7. On a separate sheet of paper provide a fee proposal. Identify per diem and travel charges, if any. PROPOSED MARKETING PLAN AND PRICING 1. Provide a proposed listing price and either a comparative market analysis or other valuation technique that justifies the proposed listing price; and 2. Provide an outline of a marketing plan and a short explanation of the reason for that plan. [NOTE: In lieu of the above information, the District will consider offers submitted from proposed purchasers through an Agent. The District will cooperate with Buyer s Agents for any accepted offers, with a three and one-half percent (3.5%) buyer s broker payment. Acceptance of any offer to purchase shall be at the discretion of the Board.] Page-9 Request for Proposals

10 Silver Falls School District 4J does not discriminate on the basis of race, color, gender, sexual orientation, marital status, religion, national origin, age, disability status, gender identity, or protected veterans in employment, education, or activities as set forth in compliance with federal and state statutes and regulations. Page-10 Request for Proposals