13-01 RFP-RE-03-26 - Real Estate Exchange.pdf

SUBMITTAL DEADLINE: AVAILABLE ON CITY OF SAN ANGELO - BONFIRE

City of San Angelo • PURCHASING DIVISION • 72 West College Avenue • San Angelo, Texas 76903

City of San Angelo

REQUEST FOR PROPOSAL

RFP RE-03-26 • Real Estate Proposal for Land Exchange

CITY OF SAN ANGELO, TEXAS

PURCHASING DIVISION

72 West College Avenue, San Angelo, Texas 76903

325.657.4219 • sapurch@cosatx.us

RFP: RE-03-26 Page 2

TABLE OF CONTENTS

TABLE OF CONTENTS

1. INVITATION

1.1 GENERAL

1.2 CONFIDENTIALITY

1.3 DOCUMENT AVAILABILITY

1.4 INTERPRETATIONS

1.5 REQUIRED RESPONSE

1.6 DEADLINE AND DELIVERY LOCATION

1.7 ADDENDA

1.8 COPIES OF PROPOSAL TABULATION/ACKNOWLEDGEMENT RESULTS

1.9 AWARD OF CONTRACT

1.10 ACCEPTANCE OF PROPOSAL CONTENT

1.11 EQUAL EMPLOYMENT OPPORTUNITY

1.12 ANTI-LOBBYING AGREEMENT

1.13 POINTS OF CONTACT

2. INSTRUCTIONS TO BUYERS

2.1 SPECIFICATIONS

2.2 SALE “AS IS”

2.3 DEFAULT IN PURCHASE

2.4 COMMISSIONS

2.5 EXECUTION OF REAL ESTATE PURCHASE/EXCHANGE CONTRACT

2.6 CORRECTIONS, ADDITIONS, OR DELETIONS

2.7 AUTHORIZED SIGNATURE

2.8 MODIFICATION OR WITHDRAWAL OF PROPOSALS

2.9 RESTRICTIONS ON COMMUNICATION

2.10 CONTINGENCY

2.11 DELIVERY DATE

2.12 RESERVATIONS

2.13 LATE PROPOSALS

2.14 ACCEPTANCE

3. TERMS AND CONDITIONS

3.1 TITLE

3.2 TITLE POLICY

3.3 UTILITIES

3.4 INVOICES & PAYMENTS

3.5 GRATUITIES

3.6 WARRANTY-PRICE

3.7 NO WARRANTY BY CITY AGAINST INFRINGEMENTS

3.8 RIGHT OF INSPECTION

3.9 CANCELLATION

3.10 ASSIGNMENT-DELEGATION

3.11 WAIVER

3.12 MODIFICATIONS

3.13 APPLICABLE LAW

3.14 LEGAL VENUE

3.15 ADVERTISING

3.16 CONFLICT OF INTEREST

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4. PROPOSAL

5. SELECTION PROCESS

6. PROPERTY INFORMATION:

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1. INVITATION

1.1 General

The City of San Angelo is soliciting proposals for the sale or exchange of the City owned property described below. The City will consider cash offers, exchange of existing land and improvements, or some combination thereof.

The Property is more particularly described as:

THE SURFACE ESTATE ONLY IN AND TO: Lots 11 through 19, along with part of the alleyway, in Block 69, Fort Concho Addition, City of San Angelo, Tom Green County, Texas.

1.2 Confidentiality

All submissions shall remain confidential. After award, submissions will be made available for public inspection. The City shall not be responsible for the confidentiality of any trade secrets or other information contained or disclosed in the proposal unless clearly identified as such.

1.3 Document Availability

Proposal Documents are available in the Purchasing Division or may be downloaded from the City’s website at https://cosatx.bonfirehub.com/. To locate the documents on the Bonfire Portal, go to:

Open Public Opportunities > RFP: RE-03-26

1.4 Interpretations

All questions about the meaning or intent of the contract documents, including specifications shall be submitted to the Purchasing Division through Bonfire, City’s e-Procurement Platform. Questions received after the deadline established for submitting questions/interpretations will not be answered.

Replies will be issued by addenda and posted on the Bonfire Project Page. Only questions answered by formal written addenda will be binding. Oral interpretations or clarifications will be without legal effect.

1.5 Required Response

The City requires a response to any Request for Proposal (RFP) notifications sent to potential vendors.

Should a company choose not to participate, then to remain on the City of San Angelo’s potential vendors list, a “No Proposal Reply” must be submitted through Bonfire’s Intent to Bid.

1.6 Deadline and Delivery Location

Sealed RFP submittals must be received no later than the posted submission deadline listed in City’s e-Procurement Portal (Bonfire). The time recorded in Bonfire will serve as the official record of time.

Proposals received after the proposal deadline, regardless of the mode of delivery, will not be considered.

It is the sole responsibility of the vendor to ensure that the sealed RFP submittal arrives via Bonfire by the specified deadline.

1.7 Addenda

Should specifications be revised prior to the deadline for submittals, the City’s Purchasing Division will issue addenda addressing the nature of the change and post them on the City’s e-Procurement Portal (Bonfire). Respondents should acknowledge any addenda as part of their submission in Bonfire.

Respondent is responsible for checking the City’s e-Procurement Platform (Bonfire) to determine if any addenda have been issued prior to submitting a proposal. Failure to consider all addenda will be at the respondent’s risk.

1.8 Copies of Proposal Tabulation/Acknowledgement Results

To obtain Proposal Tabulation/Acknowledgement results, download the file in City’s e-Procurement Portal (Bonfire) at least 24 hours after the close date.

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1.9 Award of Contract

The City reserves the right to accept or reject any or all proposals, and to waive any informalities or irregularities in the RFP process. The City is an equal opportunity employer.

1.10 Acceptance of Proposal Content

Before submitting a proposal, each respondent shall make all investigations and examinations necessary to ascertain all conditions and requirements affecting the performance of the contract and to verify any representations made by the City upon which the proposal will rely. If the respondent receives an offer because of its proposal, failure to have made such investigation and examinations will in no way relieve the respondent from its obligation to comply in every detail with all provisions and requirements.

1.11 Equal Employment Opportunity

Attention of respondents to the requirement for ensuring that employees and applicants for employment are not discriminated against because of their race, color religion, sex, national origin, age, or disability.

1.12 Anti-Lobbying Agreement

In submitting its proposal, Buyer certifies that it has not lobbied the City or its officials, managers, employees, consultants, or Consultants in such a manner as to influence or to attempt to influence the proposal process. In the event it reasonably appears that the Buyer influenced or attempted to influence the proposal process, the City may, in its discretion, reject the proposal.

1.13 Points of Contact

Jeffrey Tomlinson, Purchasing Manager Purchasing Department City of San Angelo 72 W College Avenue San Angelo Texas, 76903 Email: sapurch@sanangelo.gov Telephone: (325) 657-4219

Sarah Tackett, Real Estate Manager Real Estate Division City of San Angelo 72 W. College Avenue San Angelo Texas, 76903 Email: sarah.tackett@sanangelo.gov Telephone: (325) 657-4407

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2. INSTRUCTIONS TO BUYERS

2.1 Specifications

Buyers are expected to examine all specifications herein and are responsible for the inspection of the property and should satisfy themselves of exact location of the property. It is the buyer’s responsibility for inspections, zoning, environmental assessments, engineering studies, mechanical inspections, pest control, etc. Such inspections will be at the expense of the buyer. The buyer will be responsible for being familiar with the property location and zoning. FAILURE to do so will be at the buyer’s risk.

2.2 Sale “As Is”

Property will be sold or exchanged “as is”, subject to ALL leases, easements, blanket easements, rights-of-ways, covenants, conditions, zoning, restrictions, water rights, and all other restrictions or conditions, including physical conditions, whether recorded or not.

2.3 Default in Purchase

If buyer is awarded the proposal and fails to purchase the property, buyer agrees to forfeit the security amount in addition to any amount required by the sales contract to the City of San Angelo.

2.4 Commissions

Should a buyer solicit representation from a Real Estate Licensee (Agent), the buyer will be responsible for payment of commissions. In no event shall City be responsible for payment of any commissions.

2.5 Execution of Real Estate Purchase/Exchange Contract

Within ten (10) business days of awarding the proposal by the City Council, buyer will execute a Real Estate Purchase/Exchange Contract (the “Sales Contract” of “contract”) in substantially form which attached hereto, on terms to be negotiated. Failure to do so will result in forfeiture of the bid security.

2.6 Corrections, Additions, or Deletions

Corrections, additions, or deletions to any portion of the invitation will be in the form of a written amendment or addendum.

2.7 Authorized Signature

Proposals must show buyer’s name, address, and be manually signed. The person signing the proposal must have authority to execute the Sales Contract. Any erasures or other changes must be initialed by the person signing the offer.

2.8 Modification or Withdrawal of Proposals

Proposal pricing CANNOT be altered or amended after the closing time. Proposals may be modified or withdrawn prior to the closing hour and date by written notice to the Purchasing Division. A proposal may also be withdrawn in person by a buyer or its authorized agent, provided its identity is made known and it signs a receipt for the proposal. No proposal may be withdrawn after the closing time and date without acceptable reason in writing and with approval of the Purchasing Division.

2.9 Restrictions on Communication

Respondents shall not communicate with: 1) elected City officials, City staff, or contracted agents of the City regarding the RFP from the time the RFP has been released until the contract is posted as a City Council agenda item; and 2) City officials/employees/agents from the time the RFP has been released until the contract is awarded. These restrictions extend to “thank you” letters, phone calls, emails and any contact that results in the direct or indirect discussion of the RFP and/or proposal submitted by respondent. Violation of this provision by respondent and/or its agent may lead to disqualification of respondent’s proposal from consideration and from opportunities to proposal on future projects.

Exceptions to the Restrictions on Communication with City employees include:

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1. Private (non-business) contacts with the City by the respondent’s employees acting in their personal capacity.

2. Casual social contacts that do not include mention of the RFP.

3. Respondents may submit written questions concerning this RFP to the email listed below up to a week prior to submission due date. Questions received after the stated deadline will not be answered. Submission of questions to any other party prior to award may result in the disqualification of a respondent from proposing on this project as well as future projects for the City.

It is required that all questions be sent through the City’s e-Procurement Platform, Bonfire.

Questions submitted and the City’s responses will be published in the form of addenda to the Project Page in Bonfire. Respondent is responsible for calling the City or reviewing the Bonfire Project Page to determine if any addenda have been issued prior to their submittal. Only questions answered by formal addenda will be binding.

4. Respondents may provide responses to questions asked of them after responses are received and opened. During interviews, if any, verbal questions and explanations will be permitted. If interviews are conducted, respondents shall not bring lobbyists. All cost associated with interviews will be at the respondents’ expense. The City reserves the right to exclude any persons from interviews as it deems in its best interests.

5. Upon completion of the evaluation process, respondents shall receive a notification letter indicating the recommended firm and anticipated City Council agenda date. Respondents desiring a review of the solicitation process must submit a written request no later than five (5) calendar days from the date the letter was sent. Failure to submit a letter in writing to the Purchasing office prior to the end of the fifth day shall be at the risk of the respondent. The letter will indicate the name and address for submission of requests for review.

City reserves the right to contact any respondent to negotiate if such is deemed desirable by City. Such negotiations initiated by City staff persons shall not be considered a violation by respondent of this section.

2.10 Contingency

No contingency contracts will be accepted.

2.11 Delivery Date

Delivery of property shall occur as recognized in the Sales Contract and subject to approval by City Council.

2.12 Reservations

The City expressly reserves the right to accept, reject, or cancel all proposals AND:

Waive any defect, irregularity, or informality in any proposal or bidding procedure.

Extend the proposal closing time and date.

Reissue a bid invitation or proposal.

Consider and accept an alternate proposal as provided herein when most advantageous to the City.

Extend any contract when most advantageous to the City.

2.13 Late Proposals

Proposals received after the advertised closing time and date regardless of the mode of delivery, will be refused and returned unopened.

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2.14 Acceptance

Acceptance of buyer’s offer will be notified by telephone, e-mail, and/or mail after final approval and acceptance of its offer by the San Angelo City Council.

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3. TERMS AND CONDITIONS

3.1 Title

Title shall not pass to Buyer until the Special Warranty Deed is fully executed, the sales price is paid to the City in full, and/or the property exchanged with City is fully conveyed through the execution of a Special Warranty Deed from Buyer.

3.2 Title Policy

City and Buyer will provide Texas Owner’s Title Policies as set out in the Sales Contract.

3.3 Utilities

The City makes no representation as to the availability of utilities or costs associated with utilities. It is the Buyer’s responsibility to determine availability and cost of utilities.

3.4 Invoices & Payments

This sale is either a cash sale, exchange of property, or a combination of cash and exchange, to be closed at a local title company. The City will not carry a note on this property.

3.5 Gratuities

The City may, by written notice to the Buyer, cancel this contract without liability to Respondent if it is determined by City that gratuities were offered from an agent or representative of the Buyer to any officer or employee of the City with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations in respect to the performing of such contract. In the event this contract is canceled by City, remedies to recover or withhold the amount of the cost shall be incurred by Buyer in providing such gratuities.

3.6 Warranty-Price

The Buyer warrants that no person or purchasing agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Buyer for the purpose of securing business. For breach or violation of the warranty, the City shall have the right in addition to any other right or rights to cancel this contract without liability and to deduct from the contract price, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

3.7 No Warranty By City Against Infringements

The City does not make any Warranties or Guaranties, expressed or otherwise, except as provided for in the Sales Contract.

3.8 Right of Inspection

Respondents have the right to inspect the City property before placing a proposal. If a Respondent’s proposal includes an exchange of property, City representatives shall be entitled to inspect such property prior to any award.

3.9 Cancellation

Any cancellation of the Sales Contract shall be in accordance with the terms herein and the Sales Contract.

3.10 Assignment-Delegation

No right or interest in the Sales Contract shall be assigned nor shall any delegation of any obligation made by Buyer be valid without the written permission of the City. Any attempted assignment or delegation by Buyer shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph.

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3.11 Waiver

No claim or right arising out of a breach of Sales Contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party.

3.12 Modifications

This contract can be modified or rescinded only by a writing signed by both of the parties or their duly authorized agents.

3.13 Applicable Law

This contract shall be governed by all applicable laws.

3.14 Legal Venue

Venue shall be in Tom Green County, Texas.

3.15 Advertising

Buyer shall not advertise or publish, without City’s prior consent, the fact that City has entered into this contract, except to the extent necessary to comply with proper requests for information from an authorized representative of the Federal, State, or Local government.

3.16 Conflict of Interest

Buyer agrees to comply with the conflict of interest provisions of the Texas State Law and the City of San Angelo Charter and Code of Ordinances. Buyer agrees to maintain current, updated disclosure of information on file with the Purchasing Department throughout the term of the Sales Contract, as applicable

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4. PROPOSAL

The City of San Angelo is soliciting proposals for the sale or exchange, or some combination thereof, regarding the following City property: 505 South Chadbourne, San Angelo, Tom Green County Texas (“Property”), more particularly described in Exhibit “A” attached hereto and being made a part hereof for all purposes.

The City of San Angelo is interested in selling the surface estate only of the described parcel of land, with:

1) Reservation of all the oil, gas, and other minerals, in, on, under, and that may be produced from the Property, with the provision that Grantor shall not extract any oil, gas, or other minerals by open pit strip mining, or other surface removal methods except as may be done from adjacent Property;

2) Excepting from this conveyance all of the groundwater from said Property, and expressly reserving unto Grantor and Grantor’s successors and assigns forever all of the water rights associated with the Property, including the exclusive right of drilling producing, saving, storing, transporting, selling, leasing and owning groundwater from the Property.

3) Conveyance is subject to all easements, rights-of-way, and prescriptive rights, whether of record or not, all presently recorded and validly existing restriction, reservations, covenants, conditions, oil and gas leases, mineral interests, and water interests outstanding in persons other than Grantor, and other recorded instruments, other than conveyances of the surface fee estate, that affect the Property; validly existing rights of adjoining owners in any walls and fences situated on a common boundary; and any discrepancies, conflicts, or shortages in area or boundary lines.

The City will consider cash offers, exchange of existing land and buildings, or some combination thereof. The City will be the sole arbiter of what offer, if any, constitutes the best value for the City. The City is seeking a combination of the best purchase price or exchange value for the Property as well as the best long-term benefit to the City and citizens of San Angelo, Texas.

In determining best value, the City may consider:

- Net value received, to include the combined value of the fair market value of any real property offered by the Respondent for exchange, as determined by appraisal acceptable to the City; and any cash consideration offered by the Respondent;

- Suitability and strategic value of the offered property, with properties located along the Concho River in downtown San Angelo being those the City considers highest priority;

- Development potential;

- Transaction feasibility; and

- Any other factors deemed relevant by the City.

Proposals shall be in writing and detail the purchase price offered, including any portion to be paid in cash and the value of property to be exchanged, if any. Respondents must submit with their proposal evidence that they have legal title to any property offered in exchange for the Property, and/or evidence of sufficient funds, or access to funds, to pay the entire purchase price within 5 business days of the City Council awarding the Sales Contract.

Proposals shall also include any reservations or exceptions to conveyance of the property proposed to be exchanged. Property proposed for exchange may not contain reservations or exceptions from conveyance that would substantially hinder the City from constructing improvements on the property. Respondents are advised that the City reserves the right to evaluate and rank the proposals without input from the respondents. Therefore, proposals should be complete as initially submitted.

Note: There is no expressed or implied obligation for the City of San Angelo to reimburse submitting individuals or firms for any expenses incurred in preparing proposals in response to this request.

Proposals shall be submitted in the described format with each element requested and/or form furnished as specified to facilitate evaluation of the proposals. The detailed requirements in this RFP are mandatory.

FAILURE TO ADHERE TO THE REQUIRED FORMAT MAY BE CAUSE FOR

REJECTION OF PROPOSAL.

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5. SELECTION PROCESS

The proposals will be evaluated based on the criteria and weighting detailed below:

Item Criteria Points

Net value received, to include the combined value of the fair market value of any real property offered by the Respondent for exchange, as determined by appraisal acceptable to the City; and any cash consideration offered by the Respondent.

Suitability and strategic value of the offered property, with properties located along the Concho River in downtown San Angelo being those the City considers highest priority.

3 Development Potential 25

4 Transaction feasibility/any other factors deemed relevant by the City 15

Total 100

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6. PROPERTY INFORMATION:

Legal Description: : Lots 11 through 19, along with part of the alleyway, in Block 69, Fort Concho Addition, City of San Angelo, Tom Green County, Texas.

Tax ID Number: 12-23200-006-010-00 and 12-23200-0069-011-00

Map: