REQUEST FOR QUALIFICATIONS (RFQ) NO. PS FOR REAL ESTATE PROFESSIONAL COMMERCIAL BROKERAGE SERVICES

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1 REQUEST FOR QUALIFICATIONS (RFQ) NO. PS FOR REAL ESTATE PROFESSIONAL COMMERCIAL BROKERAGE SERVICES DISTRIBUTION/ADVERTISEMENT JULY 28, 2015 RESPONSE SUBMITTAL DEADLINE AUGUST 12, :00 P.M. Interested firms must submit five (5) COPIES of their written statement of qualifications/proposal, each in a separate binder or securely bound and ONE (1) SEPARATE COPY in electronic format on a Flash or USB Thumb Drive. SAN DIEGO UNIFIED SCHOOL DISTRICT REAL ESTATE DEPARTMENT ATTN: GENE FULLER, DIRECTOR 4100 NORMAL STREET, ANNEX 2, RM. 101 SAN DIEGO, CA

2 CALENDAR OF EVENTS SUBMISSION TIMELINE Tentative schedule, subject to change without notice, is as follows: RFQ Release: July 28, 2015 Questions/Clarification Deadline (2:00 p.m.): August 4, 2015 Statement of Qualifications Due (2:00 p.m.): August 12, 2015 Review by Evaluation Committee: August 17-21, 2015 Interviews at District s Discretion: Week of August 31, 2015 Notification to Responder of Selection: Week of September 14, 2015 Board Approval of Agreement(s) (est. date): TBD based upon specific assignment RESPONSES MUST BE RECEIVED BY PERSONAL DELIVERY, COURIER SERVICE OR BY U.S. MAIL AT OR BEFORE 2:00 P.M. ON AUGUST 12, 2015 TO GENE FULLER, DIRECTOR, AT THE ADDRESS LISTED ON THE TITLE PAGE. ANY LATE SUBMITTALS SHALL BE DEEMED LATE, AND THE DISTRICT SHALL REJECT ANY SUBMITTALS RECEIVED AFTER THE DEADLINE STATED ABOVE AND WILL RETURN THEM UNOPENED. 2

3 REQUEST FOR QUALIFICATIONS (RFQ) NO. PS REAL ESTATE - PROFESSIONAL COMMERCIAL BROKERAGE SERVICES 2015 I. INTRODUCTION Pursuant to California Government Code section 53060, the San Diego Unified School District (District) is soliciting written statements of qualifications from professional firms and individuals for various projects that will require California licensed brokerage services. The District is planning to award several as-needed real estate broker Agreements. Under the direction of the Real Estate Department, professional brokers shall assist the District in maximizing the District s revenue through real estate lease, acquisition, sale, joint occupancy, exchange or other opportunities. The District also seeks to promote employment and business opportunities for local residents and firms on all contracts as such opportunities may occur and to the extent legally possible. Respondents must have a current, valid California Real Estate Broker License; a minimum of five (5) consecutive years of recent ( ) real estate brokerage experience in the State of California; a minimum portfolio of at least $10 million of real estate transactions in the past five (5) years; and experience in San Diego County is preferred. In addition, experience in California school districts and/or public facilities is a plus. (Firms submitting as a Joint Venture must meet this five-year experience requirement with the Joint Venture s federal tax identification number as the Joint Venture and must include a true, correct copy of the executed joint venture agreement. If not already in existence, the District requires a statement in the Joint Venture Agreement that each individual joint venturer shall be jointly and severally liable for the obligations and liabilities of the Joint Jenture.) The real estate broker may be compensated by the District on an hourly or fixed fee basis, to be determined by each individual Agreement. When Broker represents District in a real estate acquisition, including but not limited to purchase or lease of real property, Broker may be entitled to a commission directly from seller or other third party. SCOPE OF WORK 1. The principal responsibility of the Respondent shall be to maximize revenue for the District based on real estate lease, acquisition, sale, joint occupancy, exchange or other opportunities under the direction of the Real Estate Department. The professional brokerage services shall include, but are not limited to: a. Comprehensive analysis of real estate assets; b. Interpretation and assessment of relevant market trends; c. Assessment of property acquisition, sales, and lease opportunities; d. Development of a comprehensive marketing plan associated with the targeted transaction; e. Property valuation estimates; broker opinion of value (BOV); f. Marketing and escrow timeline projections; g. Negotiations; 3

4 h. Transaction execution; and i. Monitor and close escrow. 2. In cooperation with and under the direction of the Real Estate Department and other appropriate District departments, the Respondent shall help develop and implement a detailed work plan to maximize the District s interests in the potential acquisition, sale, lease, or joint occupancy of District owned property. The work plans include, but are not limited to, the following areas: a. Qualifying prospective buyers, property for acquisitions, and potential lessees for district property; b. Market survey and analysis; c. Implementation of commercial broker activities; d. Financial cost/benefit analysis; e. Financial strategy development; f. Identification of participation/joint occupancy; g. Report preparation; h. Proposal/offer evaluation and implementation; i. Recommendations on pricing and positioning of properties; j. Implementation of comprehensive marketing plan; k. Regularly scheduled marketing update meetings; l. Forecasting and strategy consultation and update; m. Other related duties, as assigned II. SUBMISSION FORMAT Respondent s submittal should address the following items succinctly and specifically within the appropriate sections noted below. A Table of Contents is required, and each section of the RFQ must be tabbed with clear listings of the headings with page numbers to allow easy location of key information. Headings cannot be combined, and each item listed below must be on a separate page. Submittals may be deemed incomplete if all RFQ specified sections below are not addressed. 1. TITLE PAGE Includes the name of the firm or principal individual, business address, business telephone, fax, e- mail address, and point of contact. If a joint venture, provide the contact information for each participating organization. Whether a single entity or joint venture, a single entity must be identified as primary for all communications with the District. Contact information for the project manager from that primary firm must be provided. Note: Payment for all services rendered will be made to the primary firm. 2. TABLE OF CONTENTS Must include a complete and clear listing of headings and page numbers to allow easy location of key information. 3. FIRM BACKGROUND/HISTORY a. Legal form of company (LLC, partnership, corporation, joint venture, etc.) and number of years in business. If a company is a wholly owned subsidiary of a parent company, identify the parent company. Firms submitting as a Joint Venture must meet the five (5) year experience requirement with the Joint Venture s federal tax identification number as the Joint Venture. b. Provide firm size and number of personnel. c. Identify the ownership structure of the firm and provide a one-page history, including 4

5 number of years (minimum 5 consecutive years) the firm has provided similar services for both public and/or private sector clients. If the RFQ is being submitted by a Joint Venture of two or more firms, each firm must provide background/historical information. The statement must describe the proposed working relationship of the firms and the percentage of the total work each firm is expected to complete. Each firm that is part of the Joint Venture must also provide a true, correct, executed copy of the Joint Venture Agreement that shall state each individual Joint Venturer is jointly and severally liable for the liabilities and obligations of the Joint Venture to the District. 4. REAL ESTATE BROKERAGE EXPERIENCE Pursuant to California Business and Professions Code 10130, et seq., provide the transactional experience of the firm as it relates to the outlined Scope of Work in Section I. This experience (minimum 5 years) may comprise of sales, leases, or other creative uses of real property. Provide examples of past performance: a minimum of five (5) recent (within the past five years) projects including: (a) type of transaction, (b) value of the transaction (total of all transactions must be $10 million in past five (5) years), (c) year completed, (d) reviewing agencies (if applicable), (e) experience with school and/or public facilities, if any; and (f) provide one (1) example of a marketing plan and strategy for a recent transaction. 5. REFERENCES Provide a total of three (3) references with an emphasis on California public school system references or public agency references (may include references from the project clients described Section 4. above), if available, as follows: a. Contact person, telephone numbers, and address for a seller/buyer representative of recent transactions and an agency representative who were involved in the process for each of three (3) projects. 6. STAFF QUALIFICATIONS Provide the qualifications and recent (within the past ten years) experience of staff to be assigned to District projects, including resumes and professional licenses (including a copy of the current, valid California Real Estate Broker License card(s) for members of the team). Identify names of senior members and length of time in firm. Resumes for the prime firm are required. More than one resume per page is acceptable. Sub-consultant resumes are required. Resumes are to be provided in the following format and tabbed by position: a. Name of person; b. Education; c. Years with proposing firm. Identify if staff is employed by firm or is an independent contractor; d. Full employment history, including: i. Name of organization; ii. Dates of employment; iii. For the last five (5) years, name of supervisor(s), telephone and . e. Experience within San Diego County with public K-12, if any, and public facilities, if any, preferred; and f. Other certificates, licenses, or relevant qualifications. 7. SUB-CONSULTANTS Identify all professions/trades which are not in-house services. Specify names, professional California licenses earned, and experience of the firms. 5

6 8. CLAIM/LITIGATION/ARBITRATION HISTORY List all claims, lawsuits or arbitrations (whether settled or adjudicated) relating to professional services. A claim is defined as a demand for payment that is disputed. A lawsuit is an actual complaint filed in court. Arbitration is an alternative dispute resolution in which a neutral third party renders a decision after a hearing in which both sides have an opportunity to be heard. a. On behalf of your firm, in the last five (5) years related to professional services, including but not limited to, against a client for whom you performed professional services. b. Against your firm, in the last five (5) years related to professional services, including but not limited to, a client for whom you performed professional services. c. On behalf of or against your firm, or on behalf of or against any project staff, involving the District or any District employee acting in the course of work as a District employee. d. Claims history for the past three (3) years with demands made and whether paid by Respondent firm or by a third party insurer. Respondent must specify any amount paid and why. 9. TERMINATION FOR CAUSE OR CONVENIENCE If Respondent has had an agreement terminated for cause or convenience, or has a pending termination, or a settlement to avoid litigation or termination for convenience or default (or cause) during the past five (5) years, all such incidents must be described. Termination for default (also known as termination for cause) is defined as notice to stop work due to the Respondent s non-performance or poor performance, and the issue was either: (a) not litigated or arbitrated, but settled through mediation or other voluntary dispute resolution with a third party or settled between the parties themselves; or (b) litigated or arbitrated and such litigation or arbitration resulted in a judgment by a court (judge or jury) or arbitrator. Termination for convenience refers to all other terminations. If Respondent has experienced no such settlement or terminations for default or convenience in the past five (5) years, and it has no pending terminations, it must affirmatively declare so. 10. FINANCIAL ABILITY (Confidential) Provide the two most recent audited financial statements, to be submitted confidentially under a separate cover or marked Confidential as well as any other financial rating reports or documents indicating the financial condition of the Respondent. If applicable, include a statement indicating whether the individual or entity owner holding an interest of 25% or more, has ever filed for bankruptcy, made a general assignment for benefit or creditors, or been the subject of a receivership or other insolvency proceeding. If so, state the date, court jurisdiction and amount of liabilities and assets. Please include any other materials or references that demonstrates the Respondent s financial strength, savvy, flexibility, and/or persistence. 11. LOCATION OF FIRM Provide the address of the primary firm, (and joint venture firms if applicable), and addresses of all proposed team members. Priority will be given to firms with principal offices located within the County of San Diego. The District seeks to promote employment and business opportunities for local residents and firms on all Agreements. Respondents are encouraged to solicit applications for employment and proposals for subcontracts for work associated with this document from qualified residents and firms located within the County of San Diego as such opportunities occur to the extent legally possible. Respondents are encouraged to hire such residents and firms whenever feasible. 12. INSURANCE: (See ADDITIONAL INFORMATION: Section VI INSURANCE) Attach Certificates of Insurance to Proposal 6

7 13. SIGNATURE PAGE Apply the signature handwritten in blue ink of the person responsible for the proposal and a statement that said person has the authority to bind the company with this type of proposal. III. SUBMITTAL INFORMATION Written responses shall be submitted on 8½ x 11 paper, single sided with font no less than 10 pitch. Each written submittal shall be no longer than fifty (50) pages in length, excluding tabs, Table of Contents, Cover Letter, attachments and exhibits, as applicable. Exhibits can be larger than 8-1/2 x 11. Doublespace is preferred; however, single-space is acceptable. Submitting firm may use a smaller or larger font for text in the header/footer and/or subheadings, as applicable. The double-space requirement does not apply to figures, charts, tables and other graphics. Pre-printed exhibits are exempt from the font type/size requirement and line-space requirements providing documents are readable. Interested firms must submit FIVE (5) copies of their written statement of qualifications/proposal in a separate binder or securely bound and ONE (1) separate copy in electronic format on a Flash or USB Thumb Drive. Each written response must be presented to the District in a bound fashion. No pages of the response shall be loose or inserted in binder pockets as a substitute for being included within the bound portion of the response. Submittals are to be placed in sealed packages with the following information clearly marked on the outside of each package: (1) Name of Respondent responding; (2) Title: Real Estate Professional Commercial Brokerage Services: 2015 ; Ref: PS ; (3) Package number (i.e., 1 of 5, 2 of 5, etc.). Each response will be evaluated based upon the factors listed in Section IV. Evaluation Process/Basis of Selection below. Once the District receives the responses, they will remain valid for a period of six (6) months. IV. EVALUATION PROCESS/BASIS OF SELECTION The District will screen and score all submittals for compliance with this RFQ. Each submittal response will be reviewed in accordance with the criteria set forth in this RFQ. The selection process for the Respondent(s) shall be based upon, but not limited to, the following evaluation criteria (listed in order of importance note: a., b., c., and d. are weighted equally): a. Ability to develop a comprehensive marketing plan b. Respondent s response to meet core requirements outlined in Section I, Scope of Work c. Qualifications/experience of assigned staff d. Past performance e. Financial capability to perform f. San Diego location g. Oral presentation (if required) Each Respondent s technical qualifications will be ranked by a selected panel of evaluators. The District does not intend to conduct interviews at the present time but reserves the right to do so at its discretion. 7

8 In the event your firm is asked to attend an interview, it is mandatory that the proposed primary project contact and a principal of the firm with the authority to enter into binding Agreements with the District attend the interview. Only the short-listed firms will participate in the interviews, if required. V. QUESTIONS/CLARIFICATIONS Questions or clarifications during the RFQ preparation period should be ed to gfuller@sandi.net at or before 2:00 p.m. on August 4,

9 ADDITIONAL INFORMATION VI. INSURANCE Interested firms shall maintain limits no less than: 1. Commercial General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location ( per project or per location ) or the general aggregate limit shall be twice the required occurrence limit, $4,000, Automobile Liability: $1,000,000 per accident Combined Single Limit ( any auto). 3. Workers Compensation: Statutory. a. Employer s Liability: $1,000,000 per accident for bodiliy injury or disease. 4. Professional Liability: $2,000,000 per claim and aggregate. The selected firm(s) shall furnish the District with original certificates and separate endorsements effecting coverage required by this clause. The separate endorsements should be on forms provided by the District or on other than the District s forms provided those endorsements conform to District s requirements. All certificates and separate endorsements are to be received and approved by the District before work commences. The District, trustees for the Board of Education (Board), agents, representatives, officers, and employees must be listed as additional insureds for the General Liability and Automobile Liability policies, and the endorsement must be furnished along with the certificate to the District prior to commencement of any work. Respondent must provide a true, correct copy of its current Professional Liability policy upon receipt of an executed Agreement from District prior to commencement of any work under this Agreement. The Certificates of Insurance and the insurance policies required by an Agreement pertaining to this RFQ, shall contain a provision that should any of the above-described policies be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions. If for any reason Respondent changes, or is compelled to change insurance companies before the expiration date during the term of this Agreement, Respondent shall give District thirty (30) days written notice of the proposed change (ten [10] days notice if cancellation is due to nonpayment of premium) and shall thereafter, but prior to the expiration of the policy, obtain full coverage from another such company and provide the District with a certificate evidencing said new coverage prior to the effective date thereof. In the event of lapse of coverage, District reserves the right to withhold any and all further payments due Respondent from date of lapse. The insurance shall be considered primary coverage and any other insurance shall be excess coverage thereof. Such insurance shall be provided by an admitted California insurance company with a current Best s Key Rating of A-,VII or better. The selected firm shall be responsible for any and all losses, but 9

10 shall not be limited to, those tendered to the insurance company. Exception may be made for the California State Compensation Insurance Fund when not specifically rated. In the event coverage is provided by non-admitted surplus lines carriers, the insurer(s) must be included in the California List of Approved Surplus Lines Insurers (LASLI list) and otherwise meet all rating requirements subject to the approval of the District s Risk Manager. All insurance shall be provided at the sole cost and expense of the firm. All deductibles and/or self-insured retentions in excess of $50,000 must be disclosed to and approved by the District s Risk Manager at the time evidence of insurance is provided. The Worker s Compensation policy shall be endorsed with a waiver of subrogation in favor of the District for all work performed by the firm(s), its employees, agents, subcontractors and subconsultants. This endorsement shall be provided along with the Certificate of Insurance prior to the commencement of work under an Agreement pertaining to this RFQ In the event that the Professional Liability Insurance required by the Agreement is written on a claimsmade basis, any retroactive date under the policy shall precede the effective date of the Agreement and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of ten (10) years beginning at the time work under the Agreement is completed. VII. DISTRICT RIGHTS The District reserves the right to accept or reject any and all submittals, or any portion or combination thereof, to contract services with whomever and in whatever manner the District decides, to abandon the services entirely, to award on the basis of the total submittal, and to waive any informality or nonsubstantive irregularity, as the interests of the District may require. The District is not responsible for late delivery. It is the responsibility of Respondents to ensure that the responses are submitted on time to the proper location. All responses sent to the District prior to recommendation for District Board of Education award or actual award of Agreement under certain circumstances are sent as confidential documents. No part of the responses will be made public or shown to any persons outside of the District and its screening and selection panels until after a recommendation for award has been made to the Board, or until after actual award of Agreement under certain circumstances, at which time all documents will be public record except for documents otherwise exempt, such as financial statements. Respondent s submittal and any other supporting materials submitted to the District in response to this RFQ will not be returned and will become the property of the District. Neither this document, nor any submittals provided in response to the RFQ, requires the District to negotiate or award an Agreement with any responding firm or individual. The award of an Agreement is at the sole discretion of the District acting through the Board. The District also reserves the right to contract independently with other entities/firms for any of the services listed herein, as the need arises. The District shall not be liable for any costs incurred in preparing and submitting responses to this RFQ and makes no representation that an Agreement will be awarded. Furthermore, District reserves the right to consider additional firms for this RFQ if it is found to be in the best interest of the District. All Respondents should note that the execution of any Agreement pursuant to this RFQ is dependent upon successful negotiation of terms and fees and approval by the Board. 10

11 Prior to Agreement execution, proof of all insurances at the levels specified in the specific Agreement will be required. Fingerprinting and clearance through the California Department of Justice (DOJ) of all personnel who will visit school sites is also required. The District reserves the right to amend this RFQ by means of Addenda. To assure a fair and equitable process, Respondents who contact any Board of Education member or District staff in reference to this RFQ will be disqualified. The exceptions to the rule are contacting Gene Fuller via for questions prior to the specified cutoff time. 11

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