Request for Proposals - Sale of Improvement Only
The Dayton Community Development Corporation ("DCDC") will be accepting proposals for the sale of the above-mentioned personal property. Proposals shall be placed in a sealed envelope clearly marked: "802 HIGHWAY 90 IMPROVEMENT ONLY''. Proposals must be received in the office of the Executive Director at 801 S. Cleveland St., Ste. B, Dayton, TX 77535 before 2:00 P.M. onJuly 7, 2021. Proposals will be presented to the Board of Directors of the Dayton Community Development Corporation for consideration at a meeting to be held July 12, 2021 at 6:00 p.m. in the DCDC Board of Directors Chambers. For further information, please contact Ann Marie Miller, Executive Director, 801 S. Cleveland St., Ste. B, Dayton, TX 77535, (936) 257-0055, or by emailing DCDCDirector@daytontx.com.
Introduction
Proposals are solicited for the SALE of personal property described as follows:
BEING AN IMPROVEMENT ONLY SITUATED ON THAT CERTAIN REAL PROPERTY DESCRIBED AS LIBERTY TOWN TRACT SOUTH LEAGUE, ABSTRACT NO. 358, LIBERTY COUNTY, TEXAS, AND BEING A PART OF LOT 4, BLOCK 12 AND LOT 3, BLOCK 13 OF THE CITY OF DAYTON, LIBERTY COUNTY, TEXAS, SAID IMPROVEMENT BEING ONLY A RESIDENTIAL STRUCTURE ON THE SITE, CONSTRUCTED CIRCA 1995, AND CONSISTING OF APPROXIMATELY 2,750 SQUARE FEET.
This request for proposal contains the DCDC's Bill of Sale, attached as Exhibit "A".
Minimum Bid
There is no minimum bid for the purchase of this property. The DCDC reserves the right to reject any and all bids.
Definitions, Terms, and Conditions
The following instructions apply to all proposals and become part of the terms and conditions of any proposal submitted to the DCDC unless otherwise specified elsewhere in this proposal request. All persons submitting a proposal are required to be informed of these Terms and Conditions and will be held responsible for having done so:
Definitions
In order to simplify the language throughout this bid, the following definitions shall apply:
Bill of Sale
An agreement for the Sale of Personal Property.
Board of Directors
The appointed officials of the Dayton Community Development Corporation appointed by the City Council and serving at the pleasure of the City Council, having the authority to exercise such powers and jurisdiction of all DCDC business as conferred by the State Constitution and
Laws.
Buyer
The successful bidder(s) of this bid request.
City Council
The elected officials of the City of Dayton, Texas, having the authority to exercise such powers and jurisdiction of all City business as conferred by the State Constitution and Laws.
City of Dayton
The government of the City of Dayton, Texas.
Dayton Community Development Corporation
The economic development corporation created by statute and initiated by the City of Dayton, Texas.
DCDC
Dayton Community Development Corporation
Owner
Dayton Community Development Corporation
Acceptance
Upon acceptance and approval by the Board of Directors of the DCDC, or its designated official, the proposal effects a working contract between the DCDC and the individual making the successful proposal. All proposals will remain subject to acceptance for thirty (30) days after the date of the proposal opening. All proposals may be rejected by the Board of Directors at its discretion.
Addenda
If it becomes necessary to revise any part of this RFP, a written addendum will be provided to all individuals making a proposal. Owner is not bound by any oral representations, clarifications, or changes made in the written specification by Owner's employees, unless such clarification of change is provided to all individuals making proposals in written addendum form from the Purchasing office.
Addenda will be transmitted to all that are known to have received a copy of the proposal documents and specifications. However, it shall be the sole responsibility of the Proposer to verify issuance of any addenda to check all avenues of document availability prior to the opening date and time. Bidder shall acknowledge receipt of all addenda.
Advertisement
The Request for Proposals as advertised will be considered an inclusion of the specifications and conditions.
Applicable Laws
All Proposers will comply with all Federal, State, and local laws relative to conducting business in the City of Dayton and with the DCDC. The laws of the state of Texas will govern as to the interpretation, validity, and effect of this proposal, its award, and any contract entered into.
Assignments
It is agreed that the successful proposer will not assign, transfer, convey, or otherwise dispose of the contract or its right, title, or interest in or to the same, or any part thereof, without previous written consent of the DCDC and any sureties.
Award of Bill of Sale
A Bill of Sale may be awarded to the proposer who provides the best value for the DCDC. In determining the best value for the DCDC, the DCDC may consider, but is not necessarily limited to, the following factors:
conformity to specifications;
the sale price, including estimated closing costs;
the reputation of the bidder;
the ability of the bidder to remove the improvement from DCDC's property;
the planned use of the property including the commercial nature of the use;
the extent to which the proceeds meet the DCDC's needs;
the bidder's past relationship with the DCDC;
financial condition of the bidder;
the total long-term cost to the DCDC to sell the property;
any relevant criteria specifically listed in the request for bid; and
anticipated future ad valorem tax valuations and economic impact of proposed use and development
Although the sale price offered is an essential part of the Proposal, the DCDC is not obligated to award a Bill of Sale on the sole basis of price.
Business Practices
Minority business enterprises will be afforded full opportunity to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, creed, sex, or national origin in consideration for an award.
Cancellation
The DCDC reserves the right to cancel this contract or any portion thereof immediately for buyer's failure to comply with terms stated in contract.
Certification
Proposals must be completed and submitted on the form included within the specifications of this RFP. Certification of Proposal must be completed in its entirety.
Collusion
Advanced disclosures of any information to any particular proposer which gives that particular proposer any advantage over any other interested proposer in advance of the opening of proposals, whether in response to advertising or an informal request for proposals, made or permitted by a member of the governing body or an employee or representative thereof, will be cause to void all proposals of that particular solicitation or request.
Communication
The DCDC shall not be responsible for any verbal communication between any employee or official of the DCDC and potential proposers(s). Only written specifications and price quotations will be considered.
Confidentiality
Public agencies in Texas are subject to the Public Information Act as permitted in Texas Government Code, Chapter 552.
Electronic Documents
Proposers may be supplied with the original documents in electronic form to aid in the preparation of proposal(s). By accepting these electronic documents, proposers agree not to edit or change the language or format of these documents. Submission of a proposal signifies full agreement with this requirement.
Exceptions
The proposer will note any exceptions to the conditions of this RFP. If no exceptions are stated, it will be understood that all general and specific conditions will be complied with.
Forms
Proposals will be submitted on the form provided by the DCDC. All figures must be written in ink or typewritten. However, mistakes may be crossed out, corrections inserted adjacent thereto and initialed in ink by the person signing the proposal. When discrepancies occur between words and figures, the words shall govern.
Indemnification
The successful bidder agrees by entering into this contract to defend, indemnify, and hold the DCDC harmless from any and all causes of action or claims of damages arising out of or related to bidder's performance under this contract.
Independent Contractor
Nothing in this bid is intended nor shall be construed to create an employer/employee relationship between the contracting parties.
Management
Should there be a change in ownership or management, the contract shall be canceled unless a mutual agreement is reached with the new owner or manager to continue the contract with its present provisions and prices. This contract is nontransferable by either party without the prior written consent of the other party.
No Bid
If unable to provide a proposal, please sign and return this form by return mail, advising reason for not submitting quotation.
Notification
The DCDC uses multiple channels for the notification and dissemination of all RFPs. Approved methods of dissemination include the DCDC website. The receipt of solicitations through any other means may result in the receipt of incomplete specifications or addenda which could ultimately render your proposal noncompliant. The DCDC accepts no responsibility for the receipt or notifications of solicitations through any other source.
Priority of Documents
In the event there are inconsistencies between the general provisions and other bid terms or conditions contained herein, the latter will take precedence.
Receipt of Proposals
Proposals must be received by the Executive Director of the DCDC prior to the time and date specified. The mere fact that the proposal was dispatched will not be considered; the bidder must ensure that the bid is actually delivered. Proposals received after that time will be rejected. Faxed or emailed responses are not acceptable.
Reimbursements
There is no expressed or implied obligation for the DCDC to reimburse responding firms for any expenses incurred in preparing proposals in response to this RFP. The DCDC will not reimburse responding firms for these expenses, nor will the DCDC pay any subsequent costs associated with the provision of additional information or presentation or to produce a bill of sale as specified herein.
Reservations
This solicitation does not require the DCDC to accept any proposal or offer or to complete a sale. The DCDC reserves the right to accept or reject, in part or in whole, any proposal submitted and waive any technicalities for the best interest of the DCDC.
Satisfaction
All terms and conditions of the contract and specifications must be satisfactorily met; including the submission to the DCDC of any and all documentation as may be required before award recommendation will be submitted to the Board of Directors.
Severability
The invalidity or unenforceability or any provision hereof shall not affect the validity or enforceability of any other provision.
Tax Exempt
The DCDC is exempt from State Retail Tax and Federal Excise Tax. The price proposal must be net, exclusive of taxes.
Venue
Any resulting contract shall be governed by and construed and enforced in accordance with the laws of the State of Texas, County of Liberty. Venue shall be in the District Courts of Liberty County, Texas.
Withdrawal
Providers of proposals may request withdrawal of a posted sealed proposal prior to the scheduled proposal opening time, provided the request for withdrawal is submitted to the Executive Director of the DCDC in writing. The DCDC reserves the right to reject any and all proposals by reason of this request. Proposals may not be withdrawn after the proposal opening time.
SPECIAL PROVISIONS
Removal of Improvement from DCDC's Property. Within thirty (30) days from the date the bid is awarded, the successful proposer must remove the improvement from the real property owned by DCDC at the successful proposer's sole cost.
Bill of Sale. Upon award of this bid, the DCDC will execute a Bill of Sale, a sample of which is attached hereto as Exhibit "A", conveying the personal property to the successful proposer.
Financing. Buyer must arrange their own financing and complete the closing transaction within thirty (30) days of the proposal award; additional time may be considered under special circumstances. Proposer may elect to include in his or her proposal evidence of financing or availability of funds to complete this transaction. The DCDC will not pay seller points, closing costs, or moving fees, permit fees or any other transaction fees.
Indemnity. Buyer acknowledges that the DCDC has not made and does not make any representations as to the physical condition of the property, or any other matter affecting or relating to the property, including title warranties. Buyer expressly agrees that to the maximum extent permitted by law, the property is conveyed "as is" and "with all faults." DCDC expressly disclaims and buyer acknowledges and accepts that seller has disclaimed, any and all representations, warranties or guaranties of any kind, oral or written, expressed or implied concerning the property, including, without limitations: (i) the value, condition, merchantability, habitability, marketability, profitability, suitability or fitness for a particular use or purpose of the property; (ii) the manner or quality of the construction or the materials, if any, incorporated into the construction; and, (iii) the manner of repair, quality of repair, state of repair or lack of repair of the property. By Buyer's submittal of a proposal, Buyer represents that it has made all inspections of the property to determine its value and condition deemed necessary or appropriate by buyer, including, without limitation, inspections for the presence of asbestos, lead-based paint, pesticide residues, hazardous waste and other hazardous materials.
Omissions. The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this requirement.
Regulations. The Buyer is responsible for meeting or exceeding all Federal, State of Texas, and local safety, health, and traffic regulations and standards in effect and applicable at the time of award. The Buyer is responsible for obtaining all appropriate permits when required.
