SE A L E D B I D - R E Q U EST F O R PR O P OSA LS

R F P# 12-15-14-01
F O R T H E SA L E O F PR O P E R T Y O W N E D
AND OPE RA T E D B Y
D A L L AS C O U N T Y S C H O O L S
Website: http://www.dcschools.com
D A T E : November 21, 2014
C O N T A C T PE RSO N: Alan Hagy, at 214-944-4522, or ahagy@dcschools.com
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.
Superintendent
Dallas County Schools
612 N. Zang Blvd.
Dallas, TX 75208
214.944.4525
rsorrells@dcschools.com
Sealed bid submittals must be delivered to Alan Hagy, Purchasing Manager at Dallas County
Schools, 612 N. Zang Blvd., Dallas, TX 75208. Emailed or faxed copies will not be accepted.

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BACKGROUND INFORMATION AND OBJECTIVES:

DCS has one of the largest transportation fleets in the United States. With a fleet of
approximately 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-op
opportunities to school districts and government agencies throughout the State of Texas. '&6
objective in this RFP is to contract with a responsive purchaser or developer for the sale of the
above noted property and to have the site redeveloped in a manner that benefits the City of
Dallas and the neighborhood and in keeping with the redevelop of the Oak Cliff and neighboring
Bishop Arts District. The overall objective is to add to the quality of the area, to improve the
location so that it adds to the vision of the City, the neighborhood and the district in which it is
located. DCS may consider a lease back option for a certain amount of time in order to secure
office space for the administrative or functional offices located at the property or other property
owned/managed by the purchaser/developer.
N O T ES T O A L L PU R C H ASE RS/D E V E L O P E RS:
1.

3XUFKDVHU'HYHORSHUPXVWNHHS'DOODV&RXQW\6FKRROV'&6advised of any changes

in status.

2.

All questions regarding this Request for Proposals must be in writing and be emailed to
Alan Hagy, at ahagy@dcschools.com. Questions by phone or emailed to anyone else
will not be considered.

3.

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

4.

Purchaser/Developer must make entire submittal in sealed bid including all attachments
and deliver to Alan Hagy, Purchasing Manager, Dallas County Schools

5.

RFP, Addendums, Diagram(s) and other

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, the
purchase price, timing of purchase, deposits, terms for a lease back of facilities located at
612 N. Zang and 111 E. Davis through June 30, 2015. In addition, a brief narrative of
proposed 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 and
phones numbers as well as company information including company background,
portfolio and organizational leadership should be included in the proposal. All
information related to these items should contain extensive details for consideration in the
purchase of the properties.

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specifications

will

be

posted

on

8.

T he purpose of this (sealed bid) R F P is to entertain the sale of the properties listed
above. Dallas County Schools, a County School District, owns these properties and
is considering the sale of said properties. Sale may or may not include a lease back
term. A ll details of the sale, possible lease back, or other terms and conditions will
be negotiated between Dallas County Schools and the purchasing agent/entity.

Submission of this proposal shall serve as evidence that the Purchaser/Developer understands
and agrees to all conditions of the Request for Proposals. Emailed or faxed proposals will not be
considered. All Purchasers/Developers must complete all attached forms. Failure to submit all
required 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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I NST R U C T I O NS/G E N E R A L I N F O R M A T I O N
1. Contract Documents:
a. '&6 H[SHFWDWLRQV ZLWK UHVSHFW WR WKH SHUIRUPDQFH E\ Purchaser/Developer in
FRQQHFWLRQZLWKWKLVVDOHRISURSHUWLHVDUHVHWRXWLQWKH&RQWUDFW'RFXPHQWVZKLFK
FRQVLVW RI WKLV 6HDOHG %LG 5HTXHVW IRU 3URSRVDO 5)3 DQ\ communications or
documents, and any final contract negotiated by the parties.
2. Preparation and Submission of Sealed Bid Proposal to Purchase Property:
a. Any explanation desired by a prospective purchaser regarding the meaning or
interpretation of any portion of the Sealed Bid Documents must be requested in
writing to the Purchasing Department in a timely manner to allow for a reply to reach
prospective purchaser before the submission of their Sealed Bid for purchase. Oral
explanations 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 all
prospective purchasers as an Addendum to the Sealed Bid RFP.
b. Contracts/bids for purchasing property must be delivered in sealed bid packages and
delivered to the attention of:
Rick D. Sorrells, Ed.D.
Superintendent
Dallas County Schools
612 N. Zang Blvd.
Dallas, TX 75208
Packages should include 5 hard copies of the sealed bid document and should be hand
delivered 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 the
opening may not be considered and may be returned to potential purchaser.
3. Potential Purchaser/Developer Information:
a. Reservations - DCS expressly reserves the right to:
i. Waive minor deviations from the specifications when it is determined that the
benefit to DCS of the deviating proposal is a more favorable offer which
meets all aspects of the specifications, and the overall proposal for sale of the
properties, and the overall deviation(s) are equal or greater than that of the
conforming 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 changes
to specification.
v. Consider and accept an alternate proposal as provided herein when most
advantageous to DCS.
4. E valuation C riteria:
DCS shall evaluate responsive proposals as follows:
40% -- Purchaser/Developer experience and track record for developing similar mixed-use
projects, documented by references. Include complete development and ownership portfolio and
development/redevelopment project undertaken (and completed) in last 7-10 years. A preference
will 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) references
must 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% -- Price The minimum bid for the property is $8 million (appraised value of the property
determined by independent appraisers).
10% -- Sale Date The 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. Specifications:
Purchasers/Developers are responsible for reviewing all documentation, for negotiations with the
City of Dallas and for any other specifications required or requested for their purposes in the
purchase 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., as
well as the evaluation criteria set out in the previous section. Any other factors that may be
advantageous to the presenting purchaser are to be negotiated by said purchaser and are not the
responsibility of DCS. If there is any assistance that DCS might be able to provide, although not
guaranteed, to the selected purchaser or developer that provides a proposal that is in keeping with
the development preferences stated above, DCS may consider working with the selected
purchaser/developer and the City of Dallas and/or the community to insure a mutually beneficial
project.
6. Sale T erm(s): Terms of sale to be negotiated with successful bidder
7. General Information:
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 against
your management or company?______________________________________
Has your company filed any lawsuits or requested arbitration or mediation with regard to
contracts or awards within the last fifteen years?_______________________________
Within the last fifteen years, has any manager or principal of your company ever been a manager
or principal of another organization when it failed to complete a contract or
award?________________________________________________________________
Are there any judgments, claims, arbitration proceedings or suits pending or outstanding against
your company?___________________________________________________
8. E xperience:
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 date
using the format below. Projects listed must have been performed within the last five (5) years.
Please include additional information with proposal if available.
Project
Name

Description
of Work

Dollar Value

Public Entity
Yes or No

Date

9. References:
Proposal shall provide up to six (6) references from company owners or management personnel
or financial partners from projects listed above. There must be at least one (1) reference for each
project listed.

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ST A N D A R D T E R MS A N D C O N D I T I O NS
These standard terms and conditions are requirements that are binding upon the Purchaser
VXEPLWWLQJ WKH VHDOHG ELG WKDW LV VHOHFWHG EDVHG RQ WKH VWDWHG FULWHULD E\ 'DOODV &RXQW\
Schools Board of Trustees with the recommendation from the Dallas County Schools
Superintendent. These standard terms and conditions form a part of all contract documents for
properties sold. 7KH\FRPPXQLFDWH'DOODV&RXQW\6FKRROV'&6RUSellerH[SHFWDWLRQVLQ
regards to the 3XUFKDVHUV performance in connection with sale which will be considered through
the sealed bid process. To the extent any terms and conditions in this Sealed Bid conflict with
DCS Policy Chapter 25, Sale or Lease or Real Property, or state or federal law, said Policy
and/or state or federal law supersedes these terms and conditions.
I.

CONTRACT
1. F inal 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 expressly
incorporates all terms and conditions set forth in this RFP. Any deviations from this must
be in writing signed by the DCS Superintendent.
2. Payments:
a. Successful responsive bidder shall submit payment(s) as specified in the final
contract. All payments shall be due as agreed upon, and/or specified in the
sale documents.
b. Mail to: Dallas County Schools, A ttn: A ccounts Receivable, P. O . Box
227177, Dallas, T exas 75222. Payment shall be due as specified in the final
sale documents/instruments.

I I.

PU R C H ASE R R E Q U I R E M E N TS
3. Purchase Price:
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 contract
without liability to Purchaser for breach and Purchaser shall forfeit any payment or
down payment that has been submitted for consideration in the purchase
negotiations.
b. The Purchaser warrants that no person or selling 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 Purchaser for the purpose of securing business. For breach or violation of this
warranty, the Seller 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
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otherwise recover the full amount of such commission, percentage, and brokerage
or contingent fee. (DCS is not responsible for any brokerage fees to 3 rd parties.
Purchasers/Developers must disclose any brokerage relationships related to this
sale of property).
4. A dvertising: Purchaser shall not advertise or publish, without 6HOOHUV prior written
consent, the fact that Purchaser 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. Written requests from Purchaser
must be sent to the DCS Purchasing Department for approval or disapproval.
5. Indemnity: The Purchaser shall, in connection with any contract awarded under this
Request 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 to
any act or omission of the Purchaser and its agents and employees, including for any acts
constituting negligence.
6. Compliance with L aw: Purchaser shall, and shall cause its representatives and agents to,
follow and abide by all applicable federal, state and local ordinances and laws relating to
or regulating the sale of property addressed under this Request for Proposal.
7. W ar ranty: Purchaser warrants that no gifts or gratuities were or will be given to any of
Sellers employees either directly or indirectly to obtain this contract.
8. Purchasers Q ualifications: Purchasers shall be required to prove their qualifications
concerning the following criteria:
a. Financial capabilities.
b. Bonding status (if applicable)
c. Ability to fulfill and abide by the terms and specifications.
9. Proposal E valuations: Proposals shall be evaluated in accordance with Texas
Government 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 returned
along with any and all other information requested.
b. Proposals must show the full name and address of the Purchaser.
manually sign proposal will disqualify it.

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Failure to

I I I.

T ERMINA TION & DE F A UL T

11. G ratuities: The Seller may, by written notice to the Purchaser, cancel this contract
without liability to Purchaser if it is determined by Seller that gratuities, in the form of
entertainment, 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 with
a view toward securing a contract or securing favorable treatment with respect to the
awarding or amending or the making or any determinations with respect to the
performing of such a contract.
12. C ancellation: Seller shall have the right to cancel for default, all or any part of the
undelivered portion of the contract if Purchaser breaches any of the terms hereof,
including warranties of Purchaser or if the Purchaser becomes insolvent or commits acts
of bankruptcy. Such right of cancellation is in addition to and not in lieu of any other
remedies, which Seller may have in law or equity.
13. T ermination: The agreed upon contract of sale may be terminated in whole or in part by
the Seller if Purchaser breaches any of the terms hereof, XSRQWKLUW\GD\VDGYDQFH
QRWLFH6XFKULJKWRIWHUPLQDWLRQLVLQDGGLWLRQWRDQGQRWLQOLHXRI6HOOHUVRWKHUULJKWV
of cancellation set forth herein.
14. Force M ajeure: Neither party shall be deemed in violation of the contract if either is
prevented from performing any of the obligations hereunder by reason of, for or through
strikes, stoppage of labor, riot, flood, storm, invasion, insurrection, accident, order of
court, judge or civil authority, government regulation, an act of God, or any cause
UHDVRQDEO\EH\RQGWKHSDUW\VFRQWURODQGQRWDWWULEXWDEOHWRLWVQHJOHFW,QWKHHYHQWRI
such an occurrence, the time for performance of such obligations or duty shall be
suspended until such time that such disability to perform, for which the party is not
responsible or circumstance beyond its control, shall be removed. The party claiming the
suspension shall give written notice of such impediment or delay in performance to the
other party within ten (10) days of the knowledge of such occurrence. Each party shall
make all reasonable efforts to mitigate the effects of any suspension.
15. Penalties for Non-Performance: If, at any time, the Purchaser fails to fulfill or abide by
the 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 ISC E L L A N E O US C O N T R A C T T E R MS
16. Assignment & Binding E ffect: No right or interest in this contract shall be assigned or
delegation of any obligation made by Purchaser without the written permission of the
Seller. 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 assets
are acquired by another entity, that it or its successor in interest will remain obligated to
fulfill the terms and conditions of this agreement.
17. W aiver: No claim or right arising out of a breach of this 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.
18. Modifications: This contract can be modified or rescinded only by a writing signed by
both parties to the contract or their duly authorized agents. Any and/or all contract
changes must be made through the Purchasing Department and signed by the DCS
Superintendent.
19. Interpretation Parole E vidence: This writing is intended by the parties as a final
expression 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 no
usage of the trade shall be relevant to supplement or explain any term used in this
agreement. Acceptance or acquiescence in a course of performance rendered under this
agreement shall not be relevant to determine the meaning of this agreement even though
the accepting or acquiescing party has knowledge of the performance and opportunity for
objection.
20. A pplicable L aw: This agreement shall be governed by Texas law and any applicable
provisions as adopted in the State of Texas, effective and in force on the date of this
agreement.
21. V enue: Both parties agree that venue for any litigation arising from this contract shall lie
in a state or federal court in Dallas County, Texas.
22. Prohibition Against Personal Interest in Contracts: Purchaser and applicable DCS
officials and employees shall comply with Texas Local Government Code Chapters 171
and 176, as applicable.
23. Governmental Immunity: This Agreement and all purchases or sales are expressly
made subject to SellerV JRYHUQPHQWDO LPPXQLW\ XQGHU WKH 7H[DV &LYLO 3UDFWLFH DQG
Remedies Code and all applicable state and federal law. The parties hereto expressly
agree that no provision of this Agreement is in any way intended to constitute a waiver of
any immunities from suit or from liability that Seller has by operation of law.

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PR O POSA L F O R MS
M UST B E R E T U R N E D T O D CS W I T H PR O POSA L T O B E C O NSI D E R E D.
PR O P OSA LS SU B M I T T E D W I T H O U T T H IS F O R M W I L L B E C O NSI D E R E D N U L L
A N D V O I D, A N D T H E R E F O R E U N A C C E PT A B L E
P R O P OSA L 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 this
company, corporation, firm, partnership or individual has not prepared this proposal in collusion
with any other purchaser or developer, and that the contents of this proposal as to prices, terms or
conditions of said proposal have not been communicated by the undersigned nor by any
employee or agent to any other person engaged in this type of business prior to the official
opening 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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M UST B E R E T U R N E D T O D CS W I T H PR O POSA L T O B E C O NSI D E R E D.

PR O P OSA LS SU B M I T T E D W I T H O U T T H IS F O R M W I L L B E C O NSI D E R E D N U L L
A N D V O I D A N D T H E R E F O R E U N A C C E PT A B L E .
Felony Conviction Notification
State of T exas L egislative Senate Bill No. 1, Section 44.034, Notification of C riminal
H istory, Subsection (a), stDWHVDSHUVRQRUEXVLQHVVHQWLW\WKDWHQWHUVLQWRDFRQWUDFWZLWKD
school district must give advance notice to the district if the person or an owner or operator
of the business entity has been convicted of a felony. T he notice must include a general
deVFULSWLRQRIWKHFRQGXFWUHVXOWLQJLQWKHFRQYLFWLRQRIDIHORQ\
6XEVHFWLRQEVWDWHVDVFKRROGLVWULFWPD\WHUPLQDWHDFRQWUDFWZLWKDSHUVRQRUEXVLQHVV
entity if the district determines that the person or business entity failed to give notice as
required by Subsection (a) or misrepresented the conduct resulting in the conviction. T he
district must compensate the person or business entity for services performed before the
WHUPLQDWLRQRIWKHFRQWUDFW
T his Notice Is Not Required of a Publicly H eld Corporation
I, the undersigned agent for the firm named below, certify that the information concerning
notification of felony convictions has been reviewed by me and the following information
furnished is true to the best of my knowledge.
______________________________________________________________________
Purchaser/Developer Name
______________________________________________________________________
$XWKRUL]HG&RPSDQ\2IILFLDOV1DPH3ULQWHG
______________________________________________________________________
Signature of Company Official
Select One:
______ My firm is a publicly held corporation; therefore, this reporting requirement is not
applicable.
______ 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 been
convicted of a felony:

Page 13

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

Signature of Company Official:

Page 14

SUSP E NSI O N O R D E B A R M E N T C E R T I F I C A T E
Non-Federal entitles are prohibited from contracting with or making sub-awards under covered
transaction to parties that are suspended or debarred or whose principals are suspended or
debarred. 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 for
participation in Federal assistance programs under Executive Order 12549. See OMB Circular
A-102.

N O N-C O L L USI O N D ISC L OSU R E

I am an authorized agent or officer of the purchaser submitting this proposal, and I have full
knowledge of the relations of the purchaser with the other firms in this same line of business, and
the 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 time
hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount,
trip, favor, or service to a public servant in connection with the submitted proposal.
3XUFKDVHUV1DPH
$XWKRUL]HG&RPSDQ\2IILFLDOV1DPHDQG7LWOH3ULQWHG
Signature of Company Official
Date:

Page 15

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