City of Denton
IFB 6735 – Sale of Real Property
Materials Management Department
901-B Texas Street
Denton, Texas 76209
NOTICE OF SALE–REAL PROPERTY
INVITATION FOR BID
6735
NIGP CLASS and ITEM
998 / 84Issue Date: March 20, 2018
Response due Date and Time (Central Time):
Thursday, April 19, 2018, 11:00 A.M.
Table of Contents
1.INTRODUCTION
2.INTENTION
3.MINIMUM REQUIREMENTS
4.WITHDRAWAL OF PROPOSAL
5.EARNEST MONEY
6.RETURN OF EARNEST MONEY
7.SCHEDULE OF EVENTS
8.PRE-SUBMITTAL CONFERENCE
9.ADDENDA
10.DISCLOSURES
11.SUBJECT PROPERTY TRACTS OFFERED FOR PROPOSAL(S)
12.UTILITIES
13.WARRANTIES
14.DEED STATUS
15.TAXES AND LIENS
16.TITLE INSURANCE
17.PAYMENT
18.EVALUATION PROCEDURES
19.SUBMITTAL INSTRUCTIONS
Submission Format
20.SUBMISSION FORMAT INSTRUCTIONS
21.CONTACT BETWEEN RESPONDENT AND THE CITY
ATTACHMENT A-CONFLICT OF INTEREST QUESTIONNAIRE
ATTACHMENT B-ACKNOWLEDGEMENT
Exhibit 1Contract of Sale
Exhibit 2Sample Warranty Deed
Exhibit 3Technical Specifications
Exhibit 4Location Map
1.INTRODUCTION
All statutory cities in Texas have the authority to acquire real estate for various purposes. These cities may acquire real property either within or outside their corporate limits. These cities may acquire real estate in any of the following ways: direct purchase, gifts of land, dedication from developers, devise from an individual’s will, eminent domain, tax-foreclosure, and easements.
In accordance with the provisions of Texas Local Government Code, Chapter 253, 271 and 272, the City of Denton (the City) is requesting sealed proposal submissionsfor the sale of real property. The responses shall be submitted to the City of Denton Materials Management Division in a sealed submission.
2.INTENTION
The intent of this Invitation for Bid (IFB) is to solicit proposals for the sale of the property tracts described herein. The City of Denton has the sole discretion of determining the best value for the City. It is understood that the City of Denton reserves the right to accept or reject any and/or all proposals as the sole criteria is which proposal, if any, is in the best interest of the City. Receipt of any proposal shall under no circumstances obligate the City to accept the highest proposal. The award of the contract shall be made to the highest responsible bidder meeting the minimum stated specification and qualifications set for in the IFB.
The Denton City Council has given notice of intent to sell a parcel of real property, described herein, by sealed proposals. All sealed proposals much be received by the City of Denton Materials Management Division, located at 901B Texas Street, Denton, Texas 76209, before the posted date and time,at which time all timely received proposals will be received and publicly acknowledged at the location, date, and time stated above. Offeror’s, their representatives, and interested persons may be present. Proposals shall be received and acknowledged only so as to avoid disclosure of the contents to competing Offeror’s and kept secret during the evaluation process. However, all proposals shall be open for public inspection after the contract is awarded, except for trade secrets and confidential information contained in the proposal so identified by the offeror as such. All references to bid or proposal are utilized interchangeably throughout this document.
3.MINIMUM REQUIREMENTS
The awarded individual or business purchasing real property from the City of Denton shall meet the following requirements:
1)If not an individual, and acting as a representative for a Owner or Company:
a)provide either a copy of the Assumed Name Certificate for the Company/Firm (which can be obtained from the Denton County Clerk’s Office or Registration with the Texas Secretary of State’s Office) or the latest Public Information Report (which can also be obtained from the Texas Secretary of State’s Office) detailing the list of the Officers and Directors for the Company/Firm.
[To learn how to obtain information about filing with the State of Texas, or obtaining copies or certificates from the Secretary of State visit Webpage: Phone 512-463-5578; or email .]
b)Provide a letter on letter head and signed by the Owner or an Officer of the company formally authorizing the individual to act on behalf of the company in purchasing property.
2)Provide a copy of the individual’s valid and legible Driver License or state issued identification card.
3)Provide written assurances that the individual or business is not in delinquent tax status from the Denton County Appraisal District for any property claims.
4)Completed Contract of Sale
5)Earnest money in the form of a cashier’s check made to the City of Denton.
6)Completed Attachments A & B
4.WITHDRAWAL OF PROPOSAL
A proposal may not be withdrawn or cancelled by the offeror for a period of ninety (90) days following the date designated for the receipt of proposal, and offeror so agrees upon submittal of their proposal. The City of Denton reserves the right to properly inspect and appraise any property offered for exchange.
5.EARNEST MONEY
All Bids require an Earnest Money Deposit as stipulated within this public sale. This shall be submitted in the form of a cashier’s check. Bids with the incorrect Earnest Money Deposit Amount shall be not be considered.Bids with money orders will be automatically rejected. The deposit will be returned without interest if my bid is not accepted. The City of Denton’s responsibility to return the deposit to me shall extend only to depositing same in the U.S. Postal Service regular mail to the undersigned at the address provided on or before thirty (30) days from the date the bid is not accepted.
Earnest Money shall be 10% of the bid amount.
6.RETURN OF EARNEST MONEY
Earnest money will be retained until City has determined the offer satisfies costs and accepts the written offer. If the offer is not accepted, the earnest money will be returned.
7.SCHEDULE OF EVENTS
The City of Denton reserves the right to change the dates indicated below:
Sealed Bid Sale Schedule:
Issue Solicitation:03/20/2018
Pre-submittal conference 04/11/2018 at 10:00 AM CST
Deadline for Submission of Questions:04/16/2018 at 11:00 AM CST
Deadline for Submission of Responses:04/19/2018 at 11:00 AM CST
Evaluate and rank initial results:04/30/2018
Official Award: 05/22/2018
8.PRE-SUBMITTAL CONFERENCE
A non-mandatory, pre-solicitation conference will be available to interested contractors. Attendance at the pre-solicitation conference is strongly encouraged prior to submission of a response. The conference will be held on Wednesday, April 11, 2018 at 10:00 am in the Service Center Training Room, 901A Texas Street, Denton, Texas 76209.
Internet link to meeting location:
9.ADDENDA
Respondents are required to acknowledge addenda with their submission. Respondents will be responsible for monitoring the City of Denton Materials Managementwebsite at ensure they have downloaded and signed all addenda required for submission with their submission.
10.DISCLOSURES
The individual or business must disclose any business relationship that would have an effect or create a conflict of interest. A conflict of interest statement must be signed as part of the sale contract with the awarded respondent (Attachment A).
No public official shall have any interest in this contract, except as permitted by Chapter 171 of the Texas Local Government Code.
11.SUBJECT PROPERTY TRACTS OFFERED FOR PROPOSAL(S)
Buyer is responsible for being familiar with each discrete property location and zoning.
Property tracts are sold “as is,” subject to all easements, blanket easements, right-of-ways, covenants, and conditions, zoning restrictions, flood plain status, water rights to grantor, and all other restrictions or conditions, including physical conditions.
All property is offered “AS IS, WHERE IS, WITH ALL FAULTS”. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, PURCHASER ACKNOWLEDGES AND AGREES THAT SELLER HAS NOT MADE, DOES NOT MAKE, AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS, TO, CONCERNING, OR WITH RESPECT TO (A) THE VALUE, NATURE, QUALITY OR CONDITION OF THE PROPERTY INCLUDING, WITHOUT LIMITATION, THE WATER, SOIL AND GEOLOGY, (B) THE INCOME TO BE DERIVED FROM THE PROPERTY, (C) THE SUITABILITY OF THE PROPERTY FOR ANY AND ALL ACTIVITIES AND USES WHICH PURCHASER MAY CONDUCT THEREON, (D) THE COMPLIANCE OF OR BY THE PROPERTY OR ITS OPERATION WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY OR BODY, (E) THE HABITABILITY, MERCHANTABILITY, MARKETABILITY, PROFITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY, (F) THE MANNER OR QUALITY OF THE CONSTRUCTION OR MATERIALS, IF ANY, INCORPORATED INTO THE PROPERTY, (G) THE MANNER, QUALITY, STATE OF REPAIR OR LACK OF REPAIR OF THE PROPERTY, OR (H) ANY OTHER MATTER WITH RESPECT TO THE PROPERTY, AND SPECIFICALLY, THAT SELLER HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS REGARDING COMPLIANCE WITH ANY ENVIRONMENTAL PROTECTION, POLLUTION OR LAND USE LAWS, RULES, REGULATIONS, ORDERS OF REQUIREMENTS, INCLUDING SOLID WASTE, AS DEFINED BY THE U. S. ENVIRONMENTAL PROTECTION AGENCY REGULATIONS AT 40 C.F.R., PART 261, OR THE DISPOSAL OR EXISTENCE IN OR ON THE PROPERTY OF ANY HAZARDOUS SUBSTANCE AS DEFINED BY THE COMPREHENSIVE ENVIRONMENTAL RESPONSE COMPENSATION AND LIABILITY ACT OF 1980, AS AMENDED, AND REGULATIONS PROMULGATED THEREUNDER. PURCHASER FURTHER ACKNOWLEDGES THAT IT IS NOT RELYING ON ANY INFORMATION PROVIDED OR TO BE PROVIDED BY SELLER RELATING TO THE PROPERTY. AS A MATERIAL PART OF THE CONSIDERATION FOR THIS AGREEMENT, SELLER AND PURCHASER AGREE THAT PURCHASER IS TAKING THE PROPERTY “AS IS” WITH ANY AND ALL LATENT AND PATENT DEFECTS AND THAT THERE IS NO WARRANTY BY SELLER THAT THE PROPERTY IS FIT FOR A PARTICULAR PURPOSE. SELLER MAKES NO REPRESENTATIONS, STATEMENTS, OR ASSERTIONS WITH RESPECT TO THE PROPERTY CONDITION. PURCHASER TAKES THE PROPERTY UNDER THE EXPRESS UNDERSTANDING THAT THERE ARE NO EXPRESS OR IMPLIED WARRANTIES. PROVISIONS OF THIS SECTION SHALL SURVIVE THE CLOSING. IT IS UNDERSTOOD AND AGREED THAT THE BID AMOUNT AND THE SUBSEQUENT PURCHASE PRICE HAVE BEEN ADJUSTED TO REFLECT THAT ALL OF THE PROPERTY IS SOLD BY SELLER AND PURCHASED BY PURCHASER SUBJECT TO THE FOREGOING. PURCHASER ACKNOWLEDGES AND ACCEPTS ALL THE TERMS AND PROVISIONS BY ITS ACCEPTANCE HEREOF.
Each Bidder understands that it is their responsibility to check for (i) outstanding or pending City of Denton Code Enforcement actions including but not limited to repair or demolition orders, (ii) roadway access to the Property, (iii) floodplain status, (iv) zoning, and (v) all other due diligence matters or Property conditions. Each bidder also understands that the City of Denton disclaims responsibility as to the accuracy or completeness of any information relating to the Property for sale and the data in the public advertisement is for information only. The transaction, to the maximum extent allowed by law, is made on an “as-is, where is, with all faults” basis and is subject to all visible and apparent easements and any other instruments of records.
The successful bidder whopurchases the herein described parcel of real property shall defend (at the option of the City), indemnify, andhold the City of Denton, its successors, assigns, officers, employees and elected officials harmless fromand against any and all indemnified claims directly arising out of, incident to, concerning or resulting from the fault of the buyer, or the buyer’s agents, employees, or subcontractors, resulting from the use of the property sold hereunder. Additionally, the successful bidder who purchases the herein described parcel of real property shall defend (at the option of the City), the City of Denton, its successors, assigns, officers, employees and elected officials harmless from liability, losses, attorney’s fees or expenses of whatever natureor character arising out of or occasioned by any claim or suit for damages, on accountof injury to or the death of any person or damage to any property resulting from theuse of the property sold hereunder, no matter who may be using the property at thetime injury or damages occur. This indemnity survives the closing of his transaction.
The apparent silence of the specifications as to any detail or to 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 statement.
It is the Bidder’s responsibility to promptly notify the City of Denton of all conflicts, errors, ambiguities, or discrepancies which bidder has discovered in the bid specifications or between the contract for purchase of the above described parcels of real property and such other related documents.
12.UTILITIES
The City of Denton makes no representations as to the availability of utilities or costs associated with utilities. It is the buyer’s responsibility to determine availability and costs of utilities.
13.WARRANTIES
The City of Denton does not make any warranties of guarantees, expressed or otherwise.
14.DEED STATUS
The City of Denton will issue a deed without warranty with specific reservations for allCity of Denton easements.
15.TAXES AND LIENS
THE PAYMENT OF ALL AD VALOREM TAXES AND ANYOTHER ENCUMBRANCES, LIENS OR OTHER CHARGES LEVIED OR ASSESSED AGAINSTTHE ABOVE DESCRIBED PARCEL OF REAL PROPERTY, IS THE RESPONSIBILITY OF THE BUYER.
16.TITLE INSURANCE
Title insurance will be at the buyer’s expense if they so desire.
17.PAYMENT
The awarded respondent shall close on the transaction within 30 business days of notice from the City of Denton of the award. The awarded respondent shall be responsible for closing costs associated with the transaction, if any, and any real estate fees that may be incurred by the Buyer as stipulated in the Contract for Sale of Real Estate. The Contract for Sale of Real Estate must be completed, signed and attached to the bid along with the required Earnest Money for the property.Payment by a certified or cashier's check (on a solvent bank in the state of Texas), drawn to the order of the buyer in the total purchase price, less the amount of earnest money shall be submitted to the City.
18.EVALUATION PROCEDURES
Selection of a firm(s) to provide the aforementioned materials and services shall be in accordance with the City of Denton Purchasing Policies and procedures and the State of Texas Local Government Code. The City of Denton shall open all submissions and evaluate each offer in accordance to the below criteria:
After the contract has been awarded all submissions will be open for public inspection, and the unsuccessful respondent(s) may request a debriefing regarding their submittal.Please contact the City of Denton Materials Management staff to document the request for a debriefing. A meeting with the City of Denton Materials Management Staff and the using Division will be scheduled within a reasonable time.
19.SUBMITTAL INSTRUCTIONS
The IFB response must be submitted inside a sealed envelope, before the published due date, with the address of the property that is being bid upon written on the outside of the envelope, along with the IFB #6735. Envelopes that do not have the address written on the outside and IFB # will be automatically rejected.
City of Denton
Materials Management
IFB # 6735 Sale of Real Property
901B Texas Street
Denton, TX 76209
Submission Format
Respondents shall provide detailed information to allow the City to properly evaluate the submission. The City requests the following format be used:
- Hard copy submissions shall be bound only utilizing a staple or binder clip. Do not submit responses in a binder or file folder.
- Utilize tabs to identify exhibits and attachments
- The submission shall be in the following order:
- Coversheet – including Solicitation number and name, firm name, address, contact name, phone, fax, website and email address.
- Exhibit 1- Contract for the Sale of Real Estate (submit one per tract being bid)
- Attachment A-Conflict of Interest Questionnaire
- Attachment B-Acknowledgement
- Cashier’s Check – earnest money
- Provide a letter on letter head and signed by the Owner or an Officer of the company formally authorizing the individual to act on behalf of the company in purchasing property.
- Provide a copy of the individual’s valid and legible Driver License or state issued identification card.
- Provide written assurances that the individual or business is not in delinquent tax status from the Denton County Appraisal District for any property claims.
- Appendices may be used for additional documentation or clarification at the respondent’s option.
- Hard Copy submittals shall include one (1) original signed by an officer authorized to bind the firm, and one (1) copy of the completed response.
- Submit response, before the published due date. Hard copy submittals must be in a sealed envelope with the solicitation number and name.
20.SUBMISSION FORMATINSTRUCTIONS
In order for the submission to be considered complete, it shall include the following:
- Attachment A–Conflict of Interest Questionnaire
- Attachment B- Acknowledgement
- Exhibit 1–Contract for the Sale of Real Estate - Please submit this contract with your proposal response, with the proposed purchase amount for the property tract legibly written in black or blue ink. Bidders should submit a contract and earnest money for each Tract they are bidding.
- Provide a letter on letter head and signed by the Owner or an Officer of the company formally authorizing the individual to act on behalf of the company in purchasing property.
- Provide a copy of the individual’s valid and legible Driver License or state issued identification card.
- Provide written assurances that the individual or business is not in delinquent tax status from the Denton County Appraisal District for any property claims.
The IFB response must be submitted inside a sealed envelope, before the published due date, with the address of the property that is being bid upon written on the outside of the envelope, along with the IFB (Invitation for Bid) #. Envelopes that do not have the address written on the outside and IFB # will be automatically rejected.
21.CONTACT BETWEEN RESPONDENT AND THE CITY
Respondents shall direct all inquiries and communications concerning this solicitation to the Point of Contact(s) listed below:
Jody Word, CTP
Buyer
901-B Texas Street
Denton, TX 76209
(940) 349-7100
ATTACHMENT A-CONFLICT OF INTEREST QUESTIONNAIRE
CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQFor vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor.
1 / Name of vendor who has a business relationship with local governmental entity.
2 /
Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3 / Name of local government officer about whom the information in this section is being disclosed.
Name of Officer
This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary.
- Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor?
YesNo
- Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity?
YesNo
- Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of one percent or more?
YesNo
D.Describe each employment or business and family relationship with the local government officer named in this section.
4 /
I have no Conflict of Interest to disclose.
5
Signature of vendor doing business with the governmental entity / Date
ATTACHMENT B-ACKNOWLEDGEMENT
The undersigned agrees this submission becomes the property of the City of Denton after the official opening.