dallas county schools rfp

8/10/2019 Dallas County Schools RFP

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SE A L ED BID - RE QU EST FO R PROPOSALS

RFP# 12-15-14-01

FO R TH E SALE O F PROPERT Y OWNE DAND OPERA TE D BY

D A L L A S C O U N T Y SC H O O L S

Website: http://www.dcschools.com

DATE : November 21, 2014

CON TA CT PERSON: Alan Hagy, at 214-944-4522, [email protected]

Sealed Bid Request for Proposal submittals are due on or before MONDAY, DECEMBER 15,2014 at 3:00 p.m.

Please submit five (5) hard copies to:

Rick D. Sorrells, Ed.D.

SuperintendentDallas County Schools612 N. Zang Blvd.Dallas, TX [email protected]

Sealed bid submittals must be delivered to Alan Hagy, Purchasing Manager at Dallas CountySchools, 612 N. Zang Blvd., Dallas, TX 75208. Emailed or faxed copies will not be accepted.
http://www.dcschools.com/http://www.dcschools.com/mailto:[email protected]:[email protected]:[email protected]:[email protected]://www.dcschools.com/


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DCS has one of the largest transportation fleets in the United States. With a fleet ofapproximately 2,200 buses, DCS transports over 71,000 students to and from school every day,as well as providing transportation for school events, field trips, and special programs. In

addition, DCS provides support services ranging from technology services to purchasing co-opopportunities to school districts and government agencies throughout the State of Texas. objective in this RFP is to contract with a responsive purchaser or developer for the sale of theabove noted property and to have the site redeveloped in a manner that benefits the City ofDallas and the neighborhood and in keeping with the redevelop of the Oak Cliff and neighboringBishop Arts District. The overall objective is to add to the quality of the area, to improve thelocation so that it adds to the vision of the City, the neighborhood and the district in which it islocated. DCS may consider a lease back option for a certain amount of time in order to secureoffice space for the administrative or functional offices located at the property or other propertyowned/managed by the purchaser/developer.

NOT ES TO A LL PURCHASERS/D E V E L O P E R S:

1. advised of any changesin status.

2. All questions regarding this Request for Proposals must be in writing and be emailed toAlan Hagy, at [email protected]. Questions by phone or emailed to anyone elsewill not be considered.

3. Purchaser/Developer must meet all applicable local, state, and federal rules andregulations.

4. Purchaser/Developer must make entire submittal in sealed bid including all attachments

and deliver to Alan Hagy, Purchasing Manager, Dallas County Schools5. RFP, Addendums, Diagram(s) and other specifications will be posted on

http://www.dcschools.com/index.php?id=24.

6. Properties considered for sale include the property and land located at 612 N. Zang Blvd.,Dallas, TX 75208, and the (adjacent) property and land located at 111 E. Davis, Dallas,TX 75203.

7. Proposal from interested parties should include all forms contained in this RFP, thepurchase price, timing of purchase, deposits, terms for a lease back of facilities located at612 N. Zang and 111 E. Davis through June 30, 2015. In addition, a brief narrative ofproposed development, site plan, conceptual plans (if available), list of high density,

urban developments developed over the past ten (10) years, a minimum of three (3)current commercial and/or school district (preferred) references with contact names andphones numbers as well as company information including company background,portfolio and organizational leadership should be included in the proposal. Allinformation related to these items should contain extensive details for consideration in thepurchase of the properties.
mailto:[email protected]:[email protected]://www.dcschools.com/index.php?id=24http://www.dcschools.com/index.php?id=24http://www.dcschools.com/index.php?id=24mailto:[email protected]


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8. Thepurposeof this(sealed bid) RFP is to entertain thesaleof theproperties listedabove. DallasCounty Schools,a County School District,ownsthesepropertiesandisconsidering thesaleof said properties. Salemay or may not includea leasebackterm. All detailsof thesale,possib le leaseback ,or other termsand conditionswillbenegotiated between DallasC ounty Schoolsand thepurchasing agent/entity.

Submission of this proposal shall serve as evidence that the Purchaser/Developer understandsand agrees to all conditions of the Request for Proposals. Emailed or faxed proposals will not beconsidered. All Purchasers/Developers must complete all attached forms. Failure to submit allrequired forms may result in disqualification of your proposal.

NAME OF PURCHASER/DEVELOPER PRINTED NAME OF REPRESENTATIVE

PHYSICAL ADDRESS

MAILING ADDRESS, IF DIFFERENT

PHONE, CELL PHONE & EMAIL ADDRESS

SIGNATURE OF REPRESENTATIVE DATE


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INSTRUCTIONS/G E N E R A L I N F O R M A T I O N

1. Contract Documents:

a. Purchaser/Developer in

communications ordocuments, and any final contract negotiated by the parties.

2. Preparation and Submission of Sealed Bid Proposal to PurchaseProperty:

a. Any explanation desired by a prospective purchaser regarding the meaning orinterpretation of any portion of the Sealed Bid Documents must be requested inwriting to the Purchasing Department in a timely manner to allow for a reply to reachprospective purchaser before the submission of their Sealed Bid for purchase. Oralexplanations or instructions given before the award of the contracted sale will not be

binding. Any information given to one prospective purchaser will be furnished to allprospective purchasers as an Addendum to the Sealed Bid RFP.

b. Contracts/bids for purchasing property must be delivered in sealed bid packages anddelivered to the attention of:

Rick D. Sorrells, Ed.D.SuperintendentDallas County Schools612 N. Zang Blvd.Dallas, TX 75208

Packages should include 5 hard copies of the sealed bid document and should be handdelivered to Mr. Alan Hagy, Purchasing Manager, Dallas County Schools, 612 N.Zang Blvd., Dallas, TX 75208. Sealed Bids are due on or before: M O N D A Y ,December 15 , 2014 at 3:00 p.m. Packages received after the time and date of theopening may not be considered and may be returned to potential purchaser.

3. Potential Purchaser/Developer I nformation:

a. Reservations - DCS expressly reserves the right to:

i. Waive minor deviations from the specifications when it is determined that thebenefit to DCS of the deviating proposal is a more favorable offer whichmeets all aspects of the specifications, and the overall proposal for sale of theproperties, and the overall deviation(s) are equal or greater than that of theconforming proposal.

ii. Waive any defect, irregularity or informality in any proposal (sale) procedure.


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iii. Reject any or all offers.

iv. Amend a proposal prior to proposal opening date to extend or make changesto specification.

v.

Consider and accept an alternate proposal as provided herein when mostadvantageous to DCS.

4. Evaluation C riteria:

DCS shall evaluate responsive proposals as follows:

40% -- Purchaser/Developer experience and track record for developing similar mixed-useprojects, documented by references. Include complete development and ownership portfolio anddevelopment/redevelopment project undertaken (and completed) in last 7-10 years. A preferencewill be shown to Developers with experience on similar, redevelopment projects in the Dallas

area. A minimum of three (3) current commercial and/or school district (preferred) referencesmust be included with proposal. Contact name and phone number must be included.

20% -- Use of Site Prefer proposal that maximizes development density on the site while

enhancing the local neighborhood. Active ground floor uses of the site along public streets are

required. Structured parking to serve development needs is encouraged.

20% -- PriceThe minimum bid for the property is $8 million (appraised value of the property

determined by independent appraisers).

10% -- Sale DateThe intent is to sell the property for redevelopment; sale terms may revert to

Dallas County Schools if development does not occur in a reasonable, negotiated period of time.

Sales terms will not allow the re-sale of the property prior to redevelopment of the site.

7% -- Other criteria and relevant factors, including responsiveness of proposal.

3% -- HUB Certification.

At the conclusion of the contract, the selected purchaser will submit a minimum deposit of three

(3%) percent of the total purchase price.


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5. Spec if ications:

Purchasers/Developers are responsible for reviewing all documentation, for negotiations with theCity of Dallas and for any other specifications required or requested for their purposes in thepurchase and redevelopment of the properties offered for sale by DCS. Purchasers are expected

to submit a proposal that considers and is responsive to the conditions, specifications, etc., aswell as the evaluation criteria set out in the previous section. Any other factors that may beadvantageous to the presenting purchaser are to be negotiated by said purchaser and are not theresponsibility of DCS. If there is any assistance that DCS might be able to provide, although notguaranteed, to the selected purchaser or developer that provides a proposal that is in keeping withthe development preferences stated above, DCS may consider working with the selectedpurchaser/developer and the City of Dallas and/or the community to insure a mutually beneficialproject.

6. SaleTerm(s): Terms of sale to be negotiated with successful bidder

7.

Ge

ne

ral In formation:

Name of company: ______________________________________________________

Address of principal location:_______________________________________________

Phone:__________________________ Fax:____________________________

Form of Business Organization: ____________________________________________

Responsible contact personnel:

Name___________________ Phone:________________ Email:__________________

Name___________________ Phone:________________ Email:__________________

Name___________________ Phone:________________ Email:__________________

How many years has your company been in business in its current capacity? ________

How many years has your organization been in business under its present name? ____

Under what other or former names has your company operated? __________________

______________________________________________________________________

Claims and lawsuits (if the answer to any of the questions below is yes, please attach details).

Has your company ever failed to complete any work awarded to it?_________________


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Are there any judgments, claims, arbitration proceedings or suits pending or outstanding againstyour management or company?______________________________________

Has your company filed any lawsuits or requested arbitration or mediation with regard tocontracts or awards within the last fifteen years?_______________________________

Within the last fifteen years, has any manager or principal of your company ever been a manageror principal of another organization when it failed to complete a contract oraward?________________________________________________________________

Are there any judgments, claims, arbitration proceedings or suits pending or outstanding againstyour company?___________________________________________________

8. Experience :

Purchaser shall provide a list of three (3) projects of similar type, size and complexity. State

project (customer) name, description of work, dollar value, public entity, yes or no, and dateusing the format below. Projects listed must have been performed within the last five (5) years.Please include additional information with proposal if available.

9. References:

Proposal shall provide up to six (6) references from company owners or management personnelor financial partners from projects listed above. There must be at least one (1) reference for eachproject listed.

ProjectName

Descriptionof Work

Dollar Value Public EntityYes or No

Date


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STAND ARD TER MS AND CONDI TIO NS

These standard terms and conditions are requirements that are binding upon the Purchaser

Schools Board of Trustees with the recommendation from the Dallas County SchoolsSuperintendent. These standard terms and conditions form a part of all contract documents forproperties sold. Seller regards to the performance in connection with sale which will be considered throughthe sealed bid process. To the extent any terms and conditions in this Sealed Bid conflict withDCS Policy Chapter 25, Sale or Lease or Real Property, or state or federal law, said Policyand/or state or federal law supersedes these terms and conditions.

I . C O N T R A C T

1. Final Contract : The final terms and conditions for this project may be set forth in a

contract signed by the Purchaser and the DCS Superintendent. Such contract expresslyincorporates all terms and conditions set forth in this RFP. Any deviations from this mustbe in writing signed by the DCS Superintendent.

2. Payments:

a. Successful responsive bidder shall submit payment(s) as specified in the finalcontract. All payments shall be due as agreed upon, and/or specified in thesale documents.

b. Mail to: Dallas County Schools, Attn: Accounts Receivable, P.O . Box

227177,

Dallas,

Te

xas

75222. Payment shall be due as specified in the finalsale documents/instruments.

I I . PURCHASER REQ UI REM ENTS

3. Pu rchaseP rice :

a. The price to be paid by the Purchaser shall be that contained in sealed bid proposal.In the event Purchaser breaches this warranty, DCS may cancel this contractwithout liability to Purchaser for breach and Purchaser shall forfeit any payment ordown payment that has been submitted for consideration in the purchasenegotiations.

b.

The Purchaser warrants that no person or selling agency has been employed orretained to solicit or secure this contract upon an agreement or understanding forcommission, percentage, brokerage, or contingent fee excepting bona fideemployees of bona fide established commercial or selling agencies maintained bythe Purchaser for the purpose of securing business. For breach or violation of thiswarranty, the Seller shall have the right in addition to any other right or rights tocancel this contract without liability and to deduct from the contract price, or


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otherwise recover the full amount of such commission, percentage, and brokerageor contingent fee. (DCS is not responsible for any brokerage fees to 3rdparties.Purchasers/Developers must disclose any brokerage relationships related to thissale of property).

4.

Adve

rtis

ing: Purchaser shall not advertise or publish, without prior writtenconsent, the fact that Purchaser has entered into this contract, except to the extentnecessary to comply with proper requests for information from an authorizedrepresentative of the federal, state or local government. Written requests from Purchasermust be sent to the DCS Purchasing Department for approval or disapproval.

5. Indemnity: The Purchaser shall, in connection with any contract awarded under thisRequest for Proposal and all purchases thereunder, hold harmless and indemnify Seller,its Board of Trustee officers, employees, and agents from and against any and all claims,liabilities, losses, judgments, expenses, and/or damages resulting from or attributable toany act or omission of the Purchaser and its agents and employees, including for any acts

constituting negligence.

6. Compliancewith Law: Purchaser shall, and shall cause its representatives and agents to,follow and abide by all applicable federal, state and local ordinances and laws relating toor regulating the sale of property addressed under this Request for Proposal.

7. Warranty:Purchaser warrants that no gifts or gratuities were or will be given to any ofSellers employees either directly or indirectly to obtain this contract.

8. Pu rchasers Qualifications: Purchasers shall be required to prove their qualificationsconcerning the following criteria:

a.

Financial capabilities.

b. Bonding status (if applicable)

c. Ability to fulfill and abide by the terms and specifications.

9. Proposal Evaluations: Proposals shall be evaluated in accordance with TexasGovernment Code 2267.055 and the weighted factors set forth above.

10.

Proposal Forms:

a.

Proposals included in this packet must be completed in their entirety and returnedalong with any and all other information requested.

b. Proposals must show the full name and address of the Purchaser. Failure tomanually sign proposal will disqualify it.


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I I I . T E R M I N A T I O N & D E F A U L T

11.Gratuities: The Seller may, by written notice to the Purchaser, cancel this contractwithout liability to Purchaser if it is determined by Seller that gratuities, in the form ofentertainment, gifts, economic opportunity, future employment, loan, gratuity,

special discount, trip, favor, service or otherwise, were offered or given by the Purchaser,or any agent, or representative of the Purchaser, to any officer or employee of Seller witha view toward securing a contract or securing favorable treatment with respect to theawarding or amending or the making or any determinations with respect to theperforming of such a contract.

12.Cance llation: Seller shall have the right to cancel for default, all or any part of theundelivered portion of the contract if Purchaser breaches any of the terms hereof,including warranties of Purchaser or if the Purchaser becomes insolvent or commits actsof bankruptcy. Such right of cancellation is in addition to and not in lieu of any otherremedies, which Seller may have in law or equity.

13.

Termination: The agreed upon contract of sale may be terminated in whole or in part bythe Seller if Purchaser breaches any of the terms hereof, of cancellation set forth herein.

14.For ce Majeure: Neither party shall be deemed in violation of the contract if either isprevented from performing any of the obligations hereunder by reason of, for or throughstrikes, stoppage of labor, riot, flood, storm, invasion, insurrection, accident, order ofcourt, judge or civil authority, government regulation, an act of God, or any cause

such an occurrence, the time for performance of such obligations or duty shall besuspended until such time that such disability to perform, for which the party is notresponsible or circumstance beyond its control, shall be removed. The party claiming thesuspension shall give written notice of such impediment or delay in performance to theother party within ten (10) days of the knowledge of such occurrence. Each party shallmake all reasonable efforts to mitigate the effects of any suspension.

15.Penaltiesfor Non-Performance : If, at any time, the Purchaser fails to fulfill or abide bythe terms, conditions, or specifications of the contract, Seller reserves the right to:

a. Cancel the contract within thirty (30)days written notification of intent; or

b.

Re-propose the contract due to change in price or any variation from specifications.

I V . M ISCEL LA NEO US CONT RA CT TER MS

16.Assignment & Binding Effect: No right or interest in this contract shall be assigned ordelegation of any obligation made by Purchaser without the written permission of theSeller. Any attempted assignment or delegation by Purchaser shall be wholly void and


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totally ineffective for all purposes unless made in conformity with this paragraph.Purchaser understands and agrees that in the event that all or substantially all of its assetsare acquired by another entity, that it or its successor in interest will remain obligated tofulfill the terms and conditions of this agreement.

17.

Waive

r : No claim or right arising out of a breach of this contract can be discharged inwhole or in part by a waiver or renunciation of the claim or right unless the waiver orrenunciation is supported by consideration and is in writing signed by the aggrieved.

18.Modifications: This contract can be modified or rescinded only by a writing signed byboth parties to the contract or their duly authorized agents. Any and/or all contractchanges must be made through the Purchasing Department and signed by the DCSSuperintendent.

19.Interpretation Parole Evidence : This writing is intended by the parties as a finalexpression of their agreement and is intended also as a complete and exclusive statement

of the terms of their agreement. No course of prior dealings between the parties and nousage of the trade shall be relevant to supplement or explain any term used in thisagreement. Acceptance or acquiescence in a course of performance rendered under thisagreement shall not be relevant to determine the meaning of this agreement even thoughthe accepting or acquiescing party has knowledge of the performance and opportunity forobjection.

20.Applicab le Law: This agreement shall be governed by Texas law and any applicableprovisions as adopted in the State of Texas, effective and in force on the date of thisagreement.

21.Venue: Both parties agree that venue for any litigation arising from this contract shall liein a state or federal court in Dallas County, Texas.

22.Prohibition Against Personal Interest in Contracts: Purchaser and applicable DCSofficials and employees shall comply with Texas Local Government Code Chapters 171and 176, as applicable.

23.Governmental Immunity: This Agreement and all purchases or sales are expresslymade subject to Seller Remedies Code and all applicable state and federal law. The parties hereto expresslyagree that no provision of this Agreement is in any way intended to constitute a waiver ofany immunities from suit or from liability that Seller has by operation of law.


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PROPOSAL FO RMS

MUST BE RET URNED TO DCS WIT H PROPOSAL T O BE CONSIDER ED .

PROPOSALS SUBMIT TE D WITH OUT T HIS FO RM WIL L BE CO NSIDERED NULLAND VO ID ,A N D T H E R E F O R E U N A C C E P T A B L E

PROPOSAL A C K N O W L E D G M E N T F O R M :

"The undersigned affirms that they are duly authorized to execute this contract, that thiscompany, corporation, firm, partnership or individual has not prepared this proposal in collusionwith any other purchaser or developer, and that the contents of this proposal as to prices, terms orconditions of said proposal have not been communicated by the undersigned nor by anyemployee or agent to any other person engaged in this type of business prior to the officialopening of this proposal."

Purchaser/Developer

Street Address

City, State, ZIP

Phone Fax Number

Signature of Company Official Authorizing This Purchase of Property

Name of Company Official (Please Print) Title

Date


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MUST BE RET URNED TO DCS WIT H PROPOSAL T O BE CO NSIDER ED .

PROPOSALS SUBMIT TE D WITH OUT T HIS FO RM WIL L BE CO NSIDERED NULLA N D V O I D A ND T H E R E F O R E U N A C C E P T A B L E .

Felony Conviction Notification

State of Texas Legislative Senate Bill No. 1, Section 44.034, Notification of CriminalH istory,Subsection (a),st school distr ict must giveadvancenoticeto thed istr ict if theperson or an owner or operatorof the business entity has been convicted of a felony. The notice must include a generalde

entity if the district determines that the person or business entity failed to give notice asrequired by Subsection (a) or misrepresented theconduct resulting in theconviction. The

distr ict must compensate the person or business entity for services performed before the

ThisNoticeIsNot Required of a Publicly Held Cor poration

I, the undersigned agent for the firm named below, certify that the information concerningnotification of felony convictions has been reviewed by me and the following informationfurnished is true to the best of my knowledge.

______________________________________________________________________Purchaser/Developer Name

______________________________________________________________________

______________________________________________________________________Signature of Company Official

Select One:

______ My firm is a publicly held corporation; therefore, this reporting requirement is notapplicable.

______ My firm is not owned or operated by anyone who has been convicted of a felony.

______ My firm is owned or operated by the following individual(s) who has/have beenconvicted of a felony:


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Name of Felon(s):

Details of Conviction(s): (additional sheets may be attached)

Signature of Company Official:


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SUSPENSI ON OR DEBARM ENT C ERTI F I CA TE

Non-Federal entitles are prohibited from contracting with or making sub-awards under coveredtransaction to parties that are suspended or debarred or whose principals are suspended ordebarred. Covered transactions include procurement for goods or services equal to or in excess

of $100,000.

Contractors must certify that the organization and its principals are not suspended or debarred.

By submitting this offer and signing this certificate, this purchaser/developer:

Certifies that they are not debarred or suspended, or otherwise excluded from or ineligible forparticipation in Federal assistance programs under Executive Order 12549. See OMB CircularA-102.

NON-CO LL USION DISCL OSURE

I am an authorized agent or officer of the purchaser submitting this proposal, and I have fullknowledge of the relations of the purchaser with the other firms in this same line of business, andthe purchaser is not a member of any trust, pool, or combination to control the price of supplies,materials and/or services bid on, or to influence any person to bid or not to bid thereon.

I further affirm that the purchaser has not given, offered to give, nor intends to give at any timehereafter any economic opportunity, future employment, gift, loan, gratuity, special discount,trip, favor, or service to a public servant in connection with the submitted proposal.

Signature of Company Official

Date:


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