New York's Real Estate Law - Requirements For the District

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1 DATE: NOVEMBER 13, 2012 REQUEST FOR PROPOSAL RFP NUMBER: RDP RFP NAME: PROPOSALS WILL BE RECEIVED UNTIL 11:00 A.M. NOVEMBER 30, 2012 Proposal documents can be downloaded from the Long Island Bid System at ALL INQUIRIES MUST BE SUBMITTED IN WRITING TO: Lauren von Ende Purchasing Agent Deer Park Union Free School District 1881 Deer Park Avenue Deer Park, NY INQUIRIES MAY BE VIA OR REGULAR MAIL. 1

2 1. Overview RFP - Services Requirements The Deer Park Union Free School District (the District ) is currently seeking proposals from qualified vendors to provide Real Estate Asset Disposition/Leasing Services. There are three subject sites located throughout Deer Park in the Town of Babylon of Suffolk County, Long Island, New York. The sites are as follows: Abraham Lincoln School Washington School Memorial School 300 Park Avenue 220 Washington Avenue 41 Homer Avenue Deer Park, NY Deer Park, NY Deer Park, NY The District would like to sell or lease the asset to a qualified developer or user who will maximize the proceeds of the site, while maintaining the integrity of the surrounding neighborhood and preserve some fields for the continued use by various sports organizations in Deer Park. Each building and property present a unique opportunity for leasing or development. All respondents must describe how the services required will be provided to the District in their proposal. Vendors shall submit a proposal for these services based on the requirements described herein. Proposers shall have experience with the laws, rules, and regulations of the State of New York applicable to public agency real estate matters and possess the required New York State licenses and certifications. Proposers are advised that the contents of the RFP and the successful vendor s proposal, as submitted or negotiated, shall be incorporated into the resultant contract. It is expressly understood that all costs associated with the preparation of the Proposal are to be borne by the Proposer and the submission of such Proposals in no way obligates the Deer Park School District to any Proposer. All proposals must be signed by a duly authorized official of the firm, with the person s name and title printed below the signature. All responses to this RFP must be received no later than 11:00 AM on Friday, November 30, The RFP number, due date and time and name of the Proposer must be noted on the outside of a sealed envelope or package. Proposals must be received at the following address prior to the due date and time in order to be considered: 2

3 Deer Park Union Free School District 1881 Deer Park Avenue Deer Park, NY It is the Proposer s responsibility that the proposal arrives prior to the due date and time and at the correct address. The School District bears NO responsibility for late or misdirected proposals. Late proposals will be returned to the Proposer unopened. Prospective Proposers are responsible for ensuring that they receive all addenda. All addenda will be posted on the Long Island Bid System website at The Deer Park School District reserves the right, in its sole discretion, to reject at any time any or all proposals, to withdraw this RFP, to negotiate with one or more Proposers, and/or negotiate on terms other than those set forth herein, including with parties other than those responding to this RFP. The School District likewise reserves the right, at any time, to waive compliance with, or change any of the terms and conditions of this RFP or to entertain modifications or additions to selected proposals. Proposers shall specifically identify those portions of the Proposal deemed to be confidential, proprietary information or trade secrets, and provide justification why such material, upon request, should not be disclosed by the School District. Such information identified by the Proposer to be confidential or proprietary should be easily separable from the non-proprietary sections of the Proposal. After receipt of proposals, Proposers may be requested to make an oral presentation. Proposers unable or unwilling to make oral presentations may be removed from consideration. The Deer Park School District reserves the right to interview all staff proposed for the engagement and to approve or reject their participation in the engagement. Please see enclosed Insurance Requirements. If the District decides to use the leasing option, the Insurance Agreement for Lease Agreements applies in addition to the required insurance for Professional Consultants. 2. Primary Objectives/Scope of Work a. Perform an assessment of the real estate asset, which at a minimum shall include an analysis of the real estate and zoning issues, along with the physical attributes of the 3

4 site. Development of a plan to position and market the property to qualified buyers or lessees. b. The firm selected to provide Brokerage Services will provide the following support services to the District, including, but not limited to: 1. Assist the District in the marketing and sale or lease of the Deer Park asset 2. Carry out inspections of the property 3. Conduct tours of properties for prospective buyers/lessees 4. Coordinate and assist in the negotiations of a contract 5. Attend staff and/or meetings when requested 6. Provide general real estate market research 7. Provide such other duties relating to such real estate services as are required c. The successful Proposer may be responsible for the preparation of the sale/lease documents. 3. Coordination All work by the Consultant is expected to be closely coordinated, reviewed with, and approved by the Building Utilization Committee and ultimately the Board of Education. 4. Minimum Requirements for Technical Services Proposals a. Understanding the Project The Proposal must include a statement of work that describes the Proposer s understanding of the Project. The Proposer is expected to discuss its understanding of the proposed Scope of Work. i. The complexity, challenges and problems involved in performing the work. ii. iii. iv. Approach and philosophy for dealing with problems. Experience dealing with key issues. Any additional issues or matters relating to the Scope of Work which the Proposer wishes to address. 4

5 b. Background Information Present a brief overview of your organization and its operations and capabilities, specifically on Long Island. Include comprehensive information on the proposed marketing team personnel. Proposers shall submit copies of all required licenses and certificates to conduct real estate business in the State of New York. Proposers shall provide a minimum of three (3) public sector references for real estate brokerage services. Include name of contracting agency, address, contact, telephone and fax numbers, address, services provided, contract start and end dates, original contract award amount and final contract amount. c. Scope of Work/Services Specify the phases of the project along with your firm s proposed plan to accomplish the tasks. Include subcontractors and/or third parties involved. d. Key Personnel and Staffing Key personnel identified in the Proposal will be expected to remain assigned to the Project for the term of the Contract. Requests for a change in key personnel assignments during the term of the Contract must be approved in advance, in writing, by the District. The Proposal should also include a discussion that outlines staffing levels that should be expected on the District level to support the implementation. This information will be a recommendation only for discussion purposes. The Proposer should describe other potential burdens that may be placed on the District as regards the servicing of the account. 5. Payment Schedule A. Separate Envelope Your original, plus four (4) required extra copies of the Fee Schedule, should be submitted in a sealed envelope and packaged only in your original proposals set. Four additional proposals are required in separate envelopes without the Fee Schedule. All Fee Schedules should be submitted in the envelope with the original proposal. B. Fee Schedule is One of Several Evaluation Criteria The contract resulting from this solicitation shall be awarded to the Proposer the Deer Park School District considers most qualified and whose Proposal the School District determines to be the most advantageous to the School District. Please note that the District will not necessarily choose the Proposer with the lowest rates for services. If the 5

6 Fee Schedule involves revenue in any form to the District, please also note that the District will not necessarily choose the Proposer with the highest rates for revenue to the District. C. Additional Information The Proposer should provide any additional information it deems necessary to explain or clarify its Fee Schedule. D. Alternative Proposals The Proposer may submit alternative Technical Proposals and alternative Fee Schedules, if there is more than one viable approach to performing the services. Proposers must supply Fee Schedules in the format set forth below. Fee Schedules in alternative formats will be reviewed and may be accepted. However, all Proposers, at a minimum, must provide a Fee Schedule in the format set forth below. Proposers are requested to submit any additional information, charts, data and descriptions as the Proposer deems necessary for evaluation. E. Format for Payment Schedule Proposers shall provide a detailed list for fees and commissions it will impose for items that shall or may apply to the Services requested under this RFP. Failure to include a charge or schedules of charges may preclude the Contractor from billing the School District for such non-specified items. The anticipated term of the Contract is: 2 years. 6

7 STANDARD INSURANCE AGREEMENT - PROFESSIONAL CONSULTANTS I. Notwithstanding any terms, conditions or provisions, in any other writing between the parties, the consultant hereby agrees to effectuate the naming of the district as an additional insured on the consultant s insurance policies, with the exception of workers' compensation, N.Y. State disability and professional liability. If the policy is written on a claims-made basis, the retroactive date must precede the date of the contract. II. The policy naming the district as an additional insured shall: Purchase an insurance policy from an A.M. Best rated "secure" insurer, licensed in New York State. State that the organization's coverage shall be primary and non-contributory coverage for the District, its Board, employees and volunteers. The district shall be listed as an additional insured by using endorsement CG 2026 or equivalent. A completed copy of the endorsement must be attached to the certificate of insurance. The certificate of insurance must describe the specific services provided by the contractor (e.g., physical therapy, psychological services) that are covered by the commercial general liability policy and the umbrella policy. At the District's request, the contractor shall provide a copy of the declaration page of the liability and umbrella policies with a list of endorsements and forms. If so requested, the contractor will provide a copy of the policy endorsements and forms. III. IV. The consultant agrees to indemnify the district for any applicable deductibles and self-insured retentions. Required Insurance: Commercial General Liability Insurance (General Liability Insurance is required when services are being provided off-premises such as at the consultant s office or clinic.) $1,000,000 per occurrence/ $2,000,000 aggregate. Workers' Compensation and N.Y.S. Disability Statutory Workers' Compensation, Employers' Liability and N.Y.S. Disability Benefits Insurance for all employees. Proof of coverage must be on the approved specific form, as 7

8 required by the New York State Workers Compensation Board. ACORD certificates are not acceptable. A self-employed person and certain partners and corporate officers are excluded from the definition of employee pursuant to Workers Compensation Law Section 2 (4). As such, individuals in such capacity are excluded from Workers Compensation Law coverage requirements. A person seeking an exemption must file a CE-200 form with the state. The form may be completed and submitted online: Professional Errors and Omissions Insurance $2,000,000 per occurrence/ $2,000,000 aggregate for the professional acts of the consultant performed under the contract for the district. If written on a claims-made basis, the retroactive date must pre-date the inception of the contract or agreement. Coverage shall remain in effect for two years following the completion of work. Excess Insurance $1,000,000 each occurrence and aggregate. Excess coverage shall be on a follow-form basis. (Higher limits may be required depending on the type and size of the agreement and services.) Performance Bond (Optional) If required, these bonds shall be provided by a New York State admitted Surety Company, in good standing. The district shall be named as the Obligee, and an original Power of Attorney, Corporate and Surety Acknowledgements must accompany the bond. V. Consultant acknowledges that failure to obtain such insurance on behalf of the district constitutes a material breach of contract. The consultant is to provide the district with a certificate of insurance, evidencing the above requirements have been met, prior to the commencement of work or use of facilities. The failure of the district to object to the contents of the certificate or the absence of same shall not be deemed a waiver of any and all rights held by the district. VI. VII. The district is a member/owner of the NY Schools Insurance Reciprocal (NYSIR). The consultant further acknowledges that the procurement of such insurance as required herein is intended to benefit not only the district but also the NYSIR, as the district's insurer. The Deer Park School District bid number or RFP number must be noted on the insurance certificates. 8

9 INSURANCE AGREEMENT LEASE AGREEMENTS I. Notwithstanding any terms, conditions or provisions, in any other writing between the parties, the lessee hereby agrees to effectuate the naming of the district as an unrestricted additional insured on the lessee's insurance policies, with the exception of workers' compensation. II. III. IV. The policy naming the district as an additional insured shall: Be an insurance policy from an A.M. Best rated "secured," New York State admitted insurer. Provide for 30 days notice of cancellation. State that the organization's coverage shall be primary coverage for the district its Board, employees and volunteers. The district shall be listed as an additional insured by using endorsement CG or equivalent. The certificate must state that this endorsement is being used. If another endorsement is used, a copy shall be included with the certificate of insurance. The lessee agrees to indemnify the district for any applicable deductibles. The insurance producer must indicate whether or not they are an agent for the companies providing the coverage. V. Required Insurance: Commercial General Liability Insurance $1,000,000 per occurrence/ $2,000,000 aggregate. Umbrella/Excess Insurance $10,000,000 each occurrence and aggregate Property Insurance Coverage for the lessee s property and improvements and betterments at the leased facilities. Workers' Compensation and NYS Disability Statutory Workers' Compensation, Employers' Liability and NY State Disability Insurance for all employees. Proof of coverage must be on the approved specific form, as required by the New York State Workers Compensation Board. ACORD certificates are not acceptable. VI. Lessee acknowledges that failure to obtain such insurance on behalf of the district constitutes a material breach of contract and subjects it to liability for damages, indemnification and all other legal remedies available to the district. The lessee is to provide the district with a certificate of insurance, evidencing the above requirements have been met, prior to the use of facilities. 9

10 INTENT TO SUBMIT PROPOSAL FORM REQUEST FOR PROPOSAL NO. RDP RFP Due: Friday, November 30, 11:00 AM Please complete and return this form via or regular mail within 5 working days of receiving RFP package to: Deer Park Union Free School District Attn: Lauren von Ende, Purchasing Agent 1881 Deer Park Avenue Deer Park, NY Tel: vonende.l@deerparkschools.org Failure to return this form may result in no further communication or addenda regarding this RFP. Proposers are reminded that they are responsible for obtaining all addenda. This solicitation and all addenda will be posted on the Long Island Bid System at Registration is free and you must register to download documents. Company Name: Address: City: State: Zip Code: Contact Person: Phone Number: Fax Number: We will be submitting a Proposal We will not be submitting a Proposal Reason: 10