HomeMy WebLinkAboutPR 23075: AUTHORIZING THE PRE-QUALIFICATION OF FIVE REAL ESTATE BROKERAGE FIRMS PR No. 23075
03/20/23 TNR
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE PRE-QUALIFICATION OF FIVE (5) REAL
ESTATE BROKERAGE FIRMS FOR THE PURPOSE OF PROVIDING
PROFESSIONAL REAL ESTATE BROKERAGE SERVICES IN ACCORDANCE WITH
§253.014 OF THE TEXAS LOCAL GOVERNMENT CODE.
WHEREAS, a City is authorized to sale real property via a public auction as set forth in
253.008 of the Local Government Code or by contract with a licensed real estate broker as set
forth in §253.014; and
WHEREAS, the City of Port Arthur solicited Requests for Qualifications (RFQs) to
procure the services of a Real Estate Brokers as defined in Chapter 1101 of the Texas Occupations
Code, in order to comply with the provisions of§253.014 of the Texas Local Government Code;
and
WHEREAS,the Purchasing division solicited Requests for Qualifications (RFQs)to pre-
qualify licensed Real Estate Brokers on October 10, 2022 in the Port Arthur Newspaper (see
attached Exhibit"A"); and
WHEREAS,a total of five (5)responses were received from on November 2, 2022; and
WHEREAS, the City of Port Arthur, through pre-qualifying matrix process (see attached
Exhibit "B"), deems that: CBRE of Houston, Texas; Dee Richards Beaumont, Texas; Freeman
Property Group, Port Arthur, Texas; Lou Richards, Port Arthur, Texas; Corona Advantage Real
Estate are qualified brokers as set forth in Chapter 1101 of the Occupations Code and meet the
requirements of§253.014 to allow the governing body to contract with for the sale of real property
that the municipality owns or holds in trusts and has the authority to sell.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
THAT, the facts, and opinions in the preamble are true and correct; and
PR No. 23075
03/20/23 TNR
THAT, the City Council hereby deems that CBRE of Houston, Texas; Dee Richards,
Beaumont,Texas;Freeman Property Group,Port Arthur,Texas;Lou Richards,Port Arthur,Texas;
Corona Advantage Real Estate, Port Neches, Texas, are authorized to be placed on a rotating list
for the provision of services as set forth in §253.014 of the Texas Local Government Code as set
forth in Exhibit`B".
THAT,upon the determination that real property owned or held in trust by the City should
be sold,the governing body,by resolution will authorize the use of a specific broker and allow the
City to enter into a contract as provided in §253.014 of the Texas Local Government Code on a
rotating basis set forth in Exhibit`B".
THAT, a copy of the caption of the resolution be spread upon the minutes of the City
Council.
READ, ADOPTED, AND APPROVED on the day of March 2023 at a Regular
meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
AYES:(Mayor)
Councilmembers:
NOES:
Thurman Bill Bartie
Mayor
ATTEST:
Sherri Bellard
City Secretary
PR No. 23075
03/20/23 TNR
APPROVED AS TO FORM:
IAo
Val Tizeno
City Attorney
APPROVED AS TO ADMINISTRATION:
Ron Burton
City Manager
4
Clifton Williams, CPPB
Purchasing Manager
PR No. 23075
03/20/23 TNR
Exhibit "A"
CITY OF PORT ARTHUR
Request for Bid
Real Estate Brokerage Services for the City
October 7, 2022 October 14, 2022
CITY OF PORT ARTHUR,TEXAS REQUEST FOR QUALIFICATIONS
NOTICE IS HEREBY GIVEN THAT sealed Qualifications, addressed to the City of Port Arthur,
will be received at the Office of the City Secretary,City Hall 444-4th Street or P.O.Box 1089,Port
Arthur,Texas 77641 no later than 3:00 P.M.,Wednesday,October 26,2022 and all bids received
will thereafter be opened and read aloud on Wednesday,October 26,2022 at 3:15 P.M.in the City
Council Chambers,5th Floor,City Hall, Port Arthur,Texas for certain services briefly described as:
REQUEST FOR QUALIFICATIONS
REAL ESTATE BROKERAGE SERVICES FOR THE CITY
Qualifications received after closing time will be returned unopened.
Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,
444-4th Street,City of Port Arthur.and are open for public inspection without charge.They can also
be retrieved from the City's website at www.portarthurtx.gov/bids.a$px or www.publicpurchase.
corn.
The City of Port Arthur reserves the right to reject any and all qualifications and to waive
informalities.
Per Chapter 2 Article VI Sec.2-262(C)of the City's Code of Ordinance,the City Council shall not
award a contract to acompany that is in arrears in its obligations to the City.
/
Clifton Williams,CPPB
Purchasing Manager
CITY OF PORT ARTHUR,TEXAS REQUEST FOR QUALIFICATIONS
NOTICE IS HEREBY GIVEN THAT sealed Qualifications, addressed to the City of Port Arthur,
will be received at the Office of the City Secretary,City Hall 444-4th Street or P.O.Box 1089,Port
Arthur,Texas 77641 no later than 3:00 P.M.,Wednesday,October 26,2022 and all bids received
will thereafter be opened and read aloud on Wednesday,October 26,2022 at 3:15 P.M.in the City
Council Chambers,5th Floor,City Hall, Port Arthur,Texas for certain services briefly described as:
REQUEST FOR QUALIFICATIONS
REAL ESTATE BROKERAGE SERVICES FOR THE CITY
Qualifications received after closing time will be returned unopened.
Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,
444-4th Street,City of Port Arthur,and are open for public inspection without charge.They can also
be retrieved from the City's website at www.portarthurtx.gov/bids.aspx or www.publicpurchase.
corn.
The City of Port Arthur reserves the right to reject any and all qualifications and to waive
informalities.
Per Chapter 2 Article VI Sec.2-262(C)of the City's Code of Ordinance,the City Council shall not
award a contract to a company that is in arrears in its obligations to the City.
t(2
tL e
Clif�tb n Williams,CPPB
Purchasing Manager
PR No. 23075
03/20/23 TNR
Exhibit "B"
`I I/p,
THURMAN BILL BARTIE,MAYOR I RONALD BURTON
INGRID HOLMES,MAYOR PRO TEM City of ah' CITY MANAGER
COUNCIL MEMBERS: I `\ ),} SHERRI BELLARD,TRMC
CAL JONES � CITY SECRETARY
THOMAS KINLAW III art r t h u r
KENNETH MARKS VAL TIZENO
CHARLOTTE MOSES Texas CITY ATTORNEY
DONALD FRANK,SR.
October 7, 2022
REQUEST FOR QUALIFICATIONS
REAL ESTATE BROKERAGE SERVICES FOR THE CITY
DEADLINE: Sealed proposal submittals must be received and time stamped by 3:00p.m., Central
Standard Time, Wednesday, October 26, 2022. (The clock located in the City Secretary's office will
be the official time.) Applicant names will be read aloud beginning at 3:15 p.m. on Wednesday,
October 26,2022 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to
attend.
MARK ENVELOPE: P23-002
DELIVERY ADDRESS: Please submit one (1) original and three (3) exact duplicate copies and
USSB of your RFQ to:
CITY OF PORT ARTHUR CITY OF PORT ARTHUR
CITY SECRETARY or CITY SECRETARY
P.O. BOX 1089 444 4TH STREET, 4th Floor
PORT ARTHUR, TEXAS 77641 PORT ARTHUR,TEXAS 77640
POINTS OF CONTACT:
Questions concerning this Request for Qualifications and Scope of Work should be directed in writing
to:
City of Port Arthur, TX
Clifton Williams, Purchasing Manager
P.O. Box 1089
Port Arthur, TX 77641
clifton.williams@portarthurtx.gov
Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams,CPPB
P.O.Box 10891444 4th Street I Port Arthur,Texas 776411 409.983.8160 I Fax 409.983.8291
The enclosed REQUEST FOR QUALIFICATIONS (RFQ) and accompanying GENERAL
INSTRUCTIONS, CONDITIONS and SPECIFICATIONS are for your convenience in submitting
qualifications for the enclosed referenced services for the City of Port Arthur.
Qualifications must be signed by a person having authority to bind the firm in a contract. Qualifications
shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of
the envelope.
ALL QUALIFICATIONS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE
OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed RFQ
submittal arrives at the above location by specified deadline regardless of delivery method chosen by the
firm. Faxed or electronically transmitted RFQ submittals will not be accepted.
egotAit, adle.a-krbd-
Clifton Williams, CPPB
Purchasing Manager
Page 2 of 21
REQUESTS FOR QUALIFICATIONS
REAL ESTATE BROKERAGE SERVICES FOR THE CITY
(To be Completed ONLY IF YOU DO NOT BID.)
FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN
REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon
request.
In the event you desire not to submit a bid, we would appreciate your response regarding the
reason(s). Your assistance in completing and returning this form in an envelope marked with the
enclosed bid would be appreciated.
NO BID is submitted: this time only not this commodity/service only
Yes No
Does your company provide this product or services?
Were the specifications clear?
Were the specifications too restrictive?
Does the City pay its bills on time?
Do you desire to remain on the bid list for this product or service?
Does your present work load permit additional work?
Comments/Other Suggestions:
Company Name:
Person Completing Form: Telephone:
Mailing Address: Email:
City, State, Zip Code: Date:
Page 3 of 21
Bid Title: Real Estate Brokerage Services
PURPOSE:
The purpose of the Request for Proposal is for the City of Port Arthur to obtain a list of qualified,
experienced and licensed Texas Real Estate Brokers in order to provide Real Estate Brokerage Services
for Citywide use, in accordance with the terms, conditions, and specifications herein.
QUALIFICATIONS:
1. Proposers shall have experience in the Port Arthur market area in marketing, leasing and selling
properties. The brokers of the firms to be assigned to this list should have familiarity with laws
and practices applicable to public agency real estate matters.
2. Proposers shall be in the business of Real Estate and must possess sufficient financial support,
equipment and organization to ensure that it can satisfactorily perform the services if awarded a
Contract.
3. Proposers must demonstrate that they have successfully provided services with similar magnitude
to those specified in the scope of services to at least one entity similar in size and complexity to
the City of Port Arthur or can demonstrate they have the experience and the managerial and
financial ability to successfully perform the work.
4. Proposers shall satisfy each of the following requirements cited below. Failure to do so may result
in the proposal being deemed non-responsive.
a. Proposer or principals shall have relevant experience in Real Estate Brokerage services.
Project managers assigned to the work must have experience as a real estate broker.
b. Before awarding a contract, the City reserves the right to require that a Proposer submit such
evidence of qualifications as the City may deem necessary. Further, the City may consider any
evidence of the financial, technical, and other qualifications and abilities of a firm or
principals, including previous experiences of same with the City and performance evaluation
for services, in making an award in the best interest of the City.
c. Firm or principals shall have no record of judgments, pending lawsuits against the City or
criminal activities involving moral turpitude and not have any conflicts of interest that have
not been waived by the City Council.
d. Neither firm nor any principal, officer, or stockholder shall be in arrears or in default of any
debt or contract involving the City, (as a party to a contract, or otherwise); nor have failed to
perform faithfully on any previous contract with the City.
Page 4 of 21
LOCAL BUSINESS PREFERENCE:
1. Upon formal request of the City, based on the application of a Local Business Preference the
Proposers shall within ten (10) calendar'days submit the following documentation to the validate
such claimed:
a. Copy of City of Port Arthur current year business tax receipt, or Jefferson County
current year business tax receipt, and
b. Evidence that the business is within the geographic bounds of the City of Port
Arthur or Jefferson County for at least six (6) months, as the case may be, such as
current utility bill (water, electric, telephone, cable television), or other type of
similar documentation acceptable to the City.
Failure to comply at time of Proposal submittal shall result in the Proposer being found ineligible for the
local business preference.
TECHNICAL SPECIFICATIONS/SCOPE OF SERVICES:
1. The selected firm will be responsible for assisting the City Manager's staff with brokerage
services,which may include,but not limited to:
a. providing advice regarding property valuation, i.e.,broker price opinion(BPO)
b. portfolio organization and analysis,
c. strategic planning for property leasing and disposal,
d. listing services for sale of City owned property and
e. overseeing escrow for such sales
*The deliverables may include valuation, marketing and strategic planning reports as specified in each
task order that may be issued during the term of the agreement.
2. The successful proposers are referred to as Contractors throughout this RFQ.
a. Upon the City's request, the Contractors shall evaluate City-owned vacant and/or
underutilized land; and as a result, provide an assessment of revenue potential and
recommendations and planning for expedited/streamlined disposition of that City-owned
land.
b. All real estate transactions are to be processed with approval of the City and in accordance
with applicable rules, regulations, ordinances, and City Charter of the City of Port Arthur.
c. In all matters concerning the above, compensation for work performed shall be
performance based. Specifically, compensation shall be derived from the sales transaction
proceeds
d. The Contractor shall include, in response, proposed commission percentage. All sales
commission to be paid by the buyer.
3. Through the term of the contract,the Contractor, under the direction and control of City:
Page 5 of 21
a. The Contractor shall handle marketing of properties for sale or lease including providing
updated and accurate listing information.
b. In all matters concerning this Section, compensation for work performed shall be
performance based. Specifically, compensation shall be derived from the percentage of
lease costs.
4. The Contractor shall include, in response,proposed lease cost percentage.
a. The Contractor shall include, in response, their hourly rate of advisory services where a
Commission will not be earned.
5. The Contractor team should include experts in:
a. Commercial and Industrial Development
b. Hospitality Industry
c. Multi-family and Condominium Industry
d. Marina Industry
6. Upon the City's request, the Contractors shall periodically and at mutually agreed upon dates,
present to applicable staff the current state of the City of Port Arthur real estate market. The
presentations will serve the purpose of highlighting local real estate trends and forecasts.
EXPERIENCE:
Indicate the firm's number of years of experience in providing the professional services as it relates the
work contemplated. Indicate business structure, i.e.: Corp., Partnership,LLC. Firm should be registered as
a legal entity in the State of Texas; Minority or Woman owned Business (if applicable); Company
address, phone number, fax number, E-Mail address, web site, contact person(s), etc. Relative size of the
firm, including management, technical and support staff; licenses and any other pertinent information
shall be submitted.
EVALUATION AND SELECTION PROCEDURE:
•
The City may require visits to the Proposer's facilities to inspect record keeping procedures, staff,
facilities and equipment as part of the evaluation process. The Evaluation Committee's recommendation
may then be reported to the City Manager for consideration of being listed on the City's pre-qualified
Real Estate Broker List.
All proposals will be screened by an evaluation committee and those proposers selected for a short list
may be invited to attend an interview, at the proposer's own expense. Any invitation for an oral
presentation will be solely for the purpose of clarifying proposals received from each qualifying proposer,
and will not represent any decision on the part of the evaluation committee as to the selection of a
successful proposer.
Page 6 of 21
Pir
The evaluation committee shall recommend the most qualified firms to the City Council for approval and
will offer contracts, on an as needed basis,based on services and fees as agreed upon.
Prior to the approval of the list of pre-qualified Real Estate Brokers, no evaluation committee member
shall disclose any information regarding the committees' decision.
This RFP does not commit the City to pay for any direct and/or indirect costs incurred in the preparation
and presentation of a response. All finalist(s) shall pay their own costs incurred in preparing for,traveling
to and attending interviews.
The City reserves the right to use all pertinent information (also learned from sources other than disclosed
in the RFP process)that might affect the City's judgment as to the inclusion of a firm on the pre-qualified
Real Estate Broker List. This information may be appended to the proposal evaluation process results.
Pre-Qualified Real Estate Broker List:
The City reserves the right to include a Real Estate Broker Consultant who will best serve the interest of
the City. The City reserves the right, based upon its deliberations and in its opinion, to accept or reject
any or all proposals. The City also reserves the right to waive minor irregularities or variations of the
submittal requirements and RFP process.
Page 7 of 21
The City of Port Arthur requires comprehensive responses to every section within this RFQ. To
facilitate the review of the responses, Firms shall follow the described qualification format. The
intent of the qualification format requirements is to expedite review and evaluation. It is not the
intent to constrain Vendors with regard to content, but to assure that the specific requirements
set forth in this RFQ are addressed in a uniform manner amenable to review and evaluation.Lai
requested that qualification packets be limited to no more than 50 pares. excluding resumes.
SELECTION PROCESS
All applications will be screened by an evaluation committee and those applicants selected for a short
list may be invited to attend an interview, at the applicants own expense. The City shall not incur any
costs for applicant preparation and/or submittal of qualifications.
The City will evaluate all responses based on the qualifications, past performance and project approach.
The City reserves the right to negotiate the final fee prior to recommending any Firm for a contract.
The City's process is as follows:
1. The evaluation committee shall screen and rate all of the responses that are submitted.
Evaluation ratings will be on a 100 point scale and shall be based on the following criteria:
a. Qualifications 55 pts
b. Local Preference 05 pts
c. Experience 40 pts
2. City staff shall recommend the most qualified Architectural/Engineering firm to the City
Council and request authority to enter into contract negotiations.
3. When services and fees are agreed upon, the selected firm shall be offered a contract subject
to City Council approval.
4. Should negotiations be unsuccessful, the City shall enter into negotiations with the next,
highest ranked firm. The process shall continue until an agreement is reached with a
qualified firm.
5. This RFQ does not commit the City to pay for any direct and/or indirect costs incurred in the
preparation and presentation of a response. All finalist(s) shall pay their own costs incurred
in preparing for, traveling to and attending interviews.
Page 8 of 21
•
LETTER OF INTEREST
RFQ—Real Estate Brokerage Services Deadline: October 26,2022
The undersigned firm submits the following information (this RFQ submittal) in response to the Request
for Qualifications (as amended by any Addenda), issued by the City of Port Arthur, TX (City) for Civil
Engineers for the City of Port Arthur
Enclosed, and by this reference incorporated herein and made a part of this RFP, are the following:
❖ COMPLETED RFQ LETTER OF INTEREST FORM
❖ NON-COLLUSION AFFIDAVIT (MUST BE NOTARIZED)
❖ AFFIDAVIT (MUST BE NOTARIZED)
❖ CONFLICT OF INTEREST
❖ HOUSE BILL 89 VERIFICATION
❖ SB 252CHAPTER 2252 CERTIFICATION
Firm understands that the City is not bound to select any firm for the final pre-qualified list and may reject
any responses submitted.
Firm also understands that all costs and expenses incurred by it in preparing this RFQ and participating in
this process will be borne solely by the firm, and that the required materials to be submitted will become
the property of the City and will not be returned.
Firm agrees that the City will not be responsible for any errors, omissions, inaccuracies, or incomplete
statements in this RFQ. Firm accepts all terms of the RFQ submittal process by signing this letter of
interest and making the RFQ submittal.
This RFQ shall be governed by and construed in all respects according to the laws of the State of Texas.
Firm Name Date
Authorized Signature Title
Name (please print) Telephone
Address City/State/Zip
Email
Page 9 of 21
NON-COLLUSION AFFIDAVIT
CITY OF PORT ARTHUR §
STATE OF TEXAS
By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation,
partnership or institution represented by the signatory or anyone acting for the firm bidding this project
has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and
Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to
any competitor or any other person engaged in the same line of business, nor has the signatory or anyone
acting for the firm, corporation or institution submitting a bid committed any other act of collusion related
to the development and submission of this bid proposal.
Signature:
Printed Name:
Title:
Company:
Date:
SUBSCRIBED and sworn to before me the undersigned authority by the of, on behalf
of said bidder.
Notary Public in and for the
State of Texas
My commission expires:
Page 10 of 21
AFFIDAVIT
All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized
officer of the company whose signature is binding.
The undersigned offers and agrees to one of the following:
I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree
to pay succeeding debts as they become due.
I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay
said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become
due.
I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter
into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become
due.
Firm Name Date
Authorized Signature Title
Name (please print) Telephone
Email
STATE:
COUNTY:
SUBSCRIBED AND SWORN to before me by the above named
on this the day of , 20
Notary Public
RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL
Page 11 of 21
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received
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 governmental 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.
11 Name of vendor who has a business relationship with local governmental entity.
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.)
Name of local government officer about whom the information is being disclosed.
Name of Officer
J Describe each employment or other business relationship with the local government officer,or a family member of the
officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.
Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form
CIQ as necessary.
A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income,
other than investment income, from the vendor?
n Yes n No
B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction
of the local government officer or a family member of the officer AND the taxable income is not received from the
local governmental entity?
n Yes n No
Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or
other business entity with respect to which the local government officer serves as an officer or director, or holds an
ownership interest of one percent or more.
Check this box if the vendor has given the local government officer or afamily member of the officer one or more gifts
as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).
J
Signature of vendor doing business with the governmental entity Date
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/
Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form.
Local Government Code§176.001(1-a):"Business relationship"means aconnection between two or more parties
based on commercial activity of one of the parties. The term does not include a connection based on:
(A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an
agency of a federal,state,or local governmental entity;
(B) a transaction conducted at a price and subject to terms available to the public;or
(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and
that is subject to regular examination by,and reporting to,that agency.
Local Government Code§176.003(a)(2)(A)and(B):
(a)A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
(2) the vendor:
(A) has an employment or other business relationship with the local government officer or a
family member of the officer that results in the officer or family member receiving taxable
income, other than investment income, that exceeds$2,500 during the 12-month period
preceding the date that the officer becomes aware that
(i) a contract between the local governmental entity and vendor has been executed;
or
(ii) the local governmental entity is considering entering into a contract with the
vendor;
(B) has given to the local government officer or a family member of the officer one or more gifts
that have an aggregate value of more than$100 in the 12-month period preceding the date the
officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed;or
(ii) the local governmental entity is considering entering into a contract with the vendor.
Local Government Code§176.006(a)and(a-1)
(a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship
with a local governmental entity and:
(1) has an employment or other business relationship with a local government officer of that local
governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A);
(2) has given a local government officer of that local governmental entity,or a family member of the
officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any
gift described by Section 176.003(a-1);or
(3) has a family relationship with a local government officer of that local governmental entity.
(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator
not later than the seventh business day after the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental
entity;or
(B) submits to the local govemmental entity an application,response to a request for proposals
or bids,correspondence, or another writing related to a potential contract with the local
governmental entity;or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government officer,or a
family member of the officer,described by Subsection(a);
(B) that the vendor has given one or more gifts described by Subsection(a);or
(C) of a family relationship with a local government officer.
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015
Page 13 of 21
SB 252
CHAPTER 2252 CERTIFICATION
I, ,the undersigned an representative
of
(Company or Business Name)
being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter
2252, Section 2252.152 and Section 2252.153, certify that the company named above is not listed on the
website of the Comptroller of the State of Texas concerning the listing of companies that are identified
under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above-
named company enter into a contract that is on said listing of companies on the website of the
Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist
Organization, I will immediately notify the City of Port Arthur Purchasing Department.
Name of Company Representative(Print)
Signature of Company Representative
Date
Page 14 of 21
House Bill 89 Verification
I, (Person name), the undersigned representative
(hereafter referred to as "Representative") of
(company or business name, hereafter referred to as "Business
Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the
undersigned notary, do hereby depose and affirm the following:
1. That Representative is authorized to execute this verification on behalf of Business Entity;
2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any
contract that will be entered into between Business Entity and the City of Port Arthur; and
3. That Representative understands that the term "boycott Israel" is defined by Texas Government
Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise
taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations
specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled
territory, but does not include an action made for ordinary business purposes.
SIGNATURE OF REPRESENTATIVE
SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this day of
,20
Notary Public
Page 15 of 21
GENERAL INFORMATION:
Proposers are cautioned to read the information contained in this RFP carefully and to submit a
complete response to all requirements and questions as directed.
TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this RFP, the terms "Bid" and Proposal"
shall be equivalent.
AWARD: The City of Port Arthur will review all proposals for responsiveness and compliance with
these specifications. The City reserves the right to award on the basis of the Lowest and Best Offer in
accordance with the laws of Texas, to waive any formality or irregularity, and/or to reject any or all
proposals.
ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations,
alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing
authenticity.
WITHDRAWAL OF PROPOSAL: The proposer may withdraw its proposal by submitting written
request, over the signature of an authorized individual, to the Purchasing Division any time prior to the
submission deadline. The proposer may thereafter submit a new proposal prior to the deadline.
Modification or withdrawal of the proposal in any manner, oral or written, will not be considered if
submitted after the deadline.
CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with
Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171.
CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form
CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local
Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons
doing business or seeking to do business with the City of Port Arthur, including affiliations and business
and financial relationships such persons may have with City of Port Arthur officers. The form can be can
be located at the Texas Ethics Commission website:
https://www.ethics.state.tx.us/filinginfo/conflict forms.htm
By doing business or seeking to do business with the City of Port Arthur including submitting a response
to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the
Texas Local Government Code and you are representing that you in compliance with them.
Any information provided by the City of Port Arthur is for information purposes only. If you have
concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the
manner in which you must comply,you should consult an attorney.
The following are the current City Council and City Employees who are anticipated to either recommend
or
ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive
access to governmental procurement by responsible contractors. Moreover, they should conduct
themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's
procurement organization.
Page 16 of 21
Any employee that makes purchases for the City is an agent of the City and is required to follow the
City's Code of Ethics.
MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder
must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following
requirements:
1. Be able to comply with the required or proposed delivery schedule.
2. Have a satisfactory record of performance.
3. Have a satisfactory record of integrity and ethics.
4. Be otherwise qualified and eligible to receive an award.
5. Be engaged in a full time business and. can assume liabilities for any performance or warranty
service required.
6. The City Council shall not award a contract to a company that is in arrears in its
obligations to the City.
7. No payments shall be made to any person of public monies under any contract by
the City with such person until such person has paid all obligations and debts
owed to the City, or has made satisfactory arrangements to pay the same.
ADDENDA: Any interpretations, corrections or changes to the RFP will be made by addenda no later
than 48 hours prior to the date and time fixed for submission of proposals. Sole issuing authority of
addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no
responsibility for the proposer's failure to obtain and/or properly submit any addendum. Failure to
acknowledge and submit any addendum may be cause for the proposal to be rejected. It is the vendor's
responsibility to check for any addendums that might have been issued before bid closing date and time.
All addenda will be numbered consecutively, beginning with 1.
PRICES: The bidder should show in the proposal both the unit price and total amount, where required,
of each item listed. In the event of error or discrepancy in the mathematics,the unit price shall prevail.
PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the
successful bidder. The purchase order number must appear on all itemized invoices.
INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Legal Dept,P.O. Box
1089, Port Arthur, Texas 77641.
PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods
or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act,Article
601f V.T.C.S. The City's standard payment terms are net 30, i.e.payment is due 30 days from the date of
the invoice.
SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal
Excise Tax;therefore the proposal shall not include Sales Tax.
VENUE: This agreement will be governed and construed according to the laws of the State of Texas.
This agreement is performable in Port Arthur, Texas, Jefferson County. The City of Port Arthur may
Page 17 of 21
request and rely on advice, decisions, and opinions of the Attorney General of Texas and the City
Attorney concerning any portion of these requirements.
COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances,
rules, orders, regulations and codes of the federal, state and local governments relating to performance of
work herein.
INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other
officer, employee or agent of the City who exercises any functions or responsibilities in connection with
the planning and carrying out of the program, shall have any personal financial interest, direct or indirect,
in this Contract; and,the Contractor shall take appropriate steps to assure compliance.
DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the
City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving
assessments or any money to the City until such debts are paid or until satisfactory arrangements for
payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this RFP.
QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood
and agreed that these quantities are approximate and any additional quantities will be paid for at the
quoted price. It is further understood that the contractor shall not have any claim against the City of Port
Arthur for quantities less than the estimated amount.
SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur,Port Arthur, TX 77640
INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required
by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read
and enforced as though each were included herein. If,through mistake or otherwise, any such provision is
not inserted or is not correctly inserted the Contract shall be amended to make such insertion on
application by either party.
CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner,
perform all work and furnish all supplies and materials, machinery, equipment, facilities and means,
except as herein otherwise expressly specified, necessary or proper to perform and complete all the work
required by this Contract, in accordance with the provisions of this Contract and said specifications.
The apparent silence of these 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.
While the purpose of the specifications is to indicate minimum requirements in the way of capability,
performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the
option of selecting goods which may be considered more suitable for the purpose involved.
Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or
national origin, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving Federal financial assistance.
Page 18 of 21
TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and
proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants,
agreements or stipulations of this contract, the City shall thereupon have the right to terminate this
contract by giving written notice to the Contractor of such termination and specifying the effective date
thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the
above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by
virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the
Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the
Contractor is determined.
TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at
least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as
provided herein, the Contractor will be paid for the service that it has performed up to the termination
date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to
termination shall apply.
RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the
Contractor to furnish releases or receipts for any or all persons performing work and supplying material or
service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary
to protect its interests.
CARE OF WORK: The Contractor shall be responsible for all damages to person or property that
occurs as a result of his fault or negligence in connection with the work performed until completion and
final acceptance by the City.
SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit
any sub-contractor to perform any work included in this Contract until he has received from the City of
Port Arthur written approval of such agreement.
INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of
Texas, unless otherwise permitted by Owner. The Contract shall, at his own expense, purchase, maintain
and keep in force insurance that will protect against injury and/or damages which may arise out of or
result from operations under this contract, whether the operations be by himself or by any subcontractor
or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them
may be liable, of the following types and limits
1. Standard Worker's Compensation Insurance:
2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers,
agents, and employees must be named as an additional insured):
a. Bodily injury$1,000,000 single limit per occurrence or$1,000,000 each
person/$1,000,000 per occurrence; and,
b. Property Damage $1,000,000 per occurrence regardless of contract amount: and.
c. Professional Liability: $1,000,000.
Page 19 of 21
Contractor shall cause Contractor's insurance company or insurance agent to fill in all information
required (including names of insurance agency, contractor and insurance companies, and policy numbers,
effective dates and expiration dates) and to date and sign and do all other things necessary to complete
and make into valid certificates of insurance and pertaining to the above listed items, and before
commencing any of the work and within the time otherwise specified, Contractor shall file completed
certificates of insurance with the Owner.
None of the provisions in said certificate of insurance should be altered or modified in any respect except
as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision
that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen
(15)days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the
City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors
and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE
Form (s) shall in any event be filed with the City of Port Arthur not more than ten (10) days after
execution of this Contract.
NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the
Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such
period,the time may be extended by mutual agreement between OWNER and CONTRACTOR.
DISCLOSURE OF INTERESTED PARTIES FORM 1295: A person or business, who enters into a
contract with the City,meeting the conditions according to Texas Local Government Code Sec. 2252.908,
is required to file Form 1295 with Texas Ethics Commission. This form is not required unless there is a
contract between the vendor and the City of Port Arthur. Do not submit this form unless you
receive an award letter from the City.
PUBLIC INSPECTION OF PROPOSALS: The City strictly adheres to the Texas Public Information
Act (Texas Government Code Chapter 552.001, et seq.) and all other governing statutes, regulations, and
laws regarding the disclosure of RFP information. Proposal Documents are not available for public
inspection until after the contract award. If the Proposer has notified the City, in writing,that the Proposal
Document contains trade secrets or confidential,information, the City will generally take reasonable steps
to prevent disclosure of such information, in accordance with the Public Information Act. This is a
statement of general policy only, and in no event shall the City be liable for disclosure of such
information by the City in response to a request, regardless of the City's failure to take any such
reasonable steps, even if the City is negligent in failing to do so.
PROPOSAL EVALUATION AND CONTRACT AWARD: Proposal Evaluation and Contract Award
Process: An award of a contract to provide the goods or services specified herein will be made using
competitive sealed proposals, in accordance with Chapter 252 of the Texas Local Government Code and
with the City's purchasing policy. The City will evaluate all proposals to determine which offerors are
reasonably qualified for the award of the contract, applying the anticipated evaluation factors and
emphasis to be placed on each factor as identified in the Scope of Services. A variety of factors may be
used in the evaluation of the submitted proposals for this project. The City may, at its option, conduct
discussions with or accept proposal revisions from any reasonably qualified proposer. Discussions may
not be initiated by offerors. These discussions will be limited to issues and topics brought forth by the
City. Any attempt by proposer or vendor at deviating from the issues and topics to discuss other
Page 20 of 21
issues and topics concerning the Proposal brought forth by the City of Port Arthur shall be grounds
for disqualification. Vendors shall not contact any City of Port Arthur personnel during the,proposal
process without the express permission from the City's Purchasing Manager.
AMBIGUITY: Any ambiguity in the Proposal Document as a result of omission, error, lack of clarity or
non-compliance by the Proposer with specifications, instructions and all conditions shall be construed in
the favor of the City.
ADDITIONAL INFORMATION: City may request any other information necessary to determine
Proposer's ability to meet the minimum standards required by this RFP.
Page 21 of 21
4.m,,f
,:. • -CITY OF PORT ARTHUR, TEXAS
2)rt r1hu ADDENDUM NO. ONE (1)
October 26, 2022
BID FOR: REAL ESTATE BROKERAGE SERVICES
The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of
the contract documents and change the original documents only in the manner and to the extent hereinafter
stated and shall be incorporated in the contract documents.
Provisions of this addendum shall take precedence over requirements of the original contract documents and all
BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF
THEIR BID.
Addendum as follows
1. DEADLINE: Sealed proposal submittals must be received and time stamped by 3:00p.m., Central
Standard Time, Wednesday, November 2, 2022. (The clock located in the City Secretary's office will
be the official time.) Applicant names will be read aloud beginning at 3:15 p.m. on Wednesday,
November 2, 2022 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited
to attend.
2. Correcting the following on Page 5.
"DUAL AGENCY:
Texas law does not permit dual agency. Contractor may not represent both principals as a dual agent under
the revisions to TRELA. Under the current law, a broker must agree to act as an intermediary in accordance
with the statute if the broker agrees to represent more than one party in a transaction. [TRELA
§1101.561(b)] To the extent a dual agency relationship is created by accident or otherwise, a license holder
must resolve the matter by immediate compliance with the notice and consent requirements under TRELA
§§1101.558-561 and act as either an intermediary or represent only one of the principals in a transaction
while working with the other principal only as a customer.
INTERMEDIARY RELATIONSHIP:
Pursuant to the Texas Real Estate Act (TRELA), a relationship between a broker and a client cannot legally
exist without a written document. Contractor acting as an intermediary in a real estate transaction or having
their sponsored sales agent performing these acts on their behalf must obtain written consent from the City.
1. Types of documents that give written consent for an intermediary relationship are:
o A listing agreement
o A buyer/tenant representation agreement
2. The following is permitted if an unrepresented buyer wants to buy one of the Contractor's listings:
o Contractor can still negotiate the transaction, but it is not an intermediary transaction.
PAGE 1 OF 2
o Contractor's duty to the buyer is only to treat the buyer fairly, and cannot give buyer any
opinions or advice."
If you have any questions,please contact the Purchasing Division at 409-983-8160.
NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID
DOCUMENTS.
rA,vpAp
Clifton Williams, CPPB
Purchasing Manager
Signature of Proposer Date
Company Vendor Name
PAGE 2 OF 2
Cm of
-CITY OF PORT ARTHUR, TEXAS
girt Nor
ruin'•-- ADDENDUM NO. TWO (2)
October 27, 2022
BID FOR: REAL ESTATE BROKERAGE SERVICES
The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of
the contract documents and change the original documents only in the manner and to the extent hereinafter
stated and shall be incorporated in the contract documents.
Provisions of this addendum shall take precedence over requirements of the original contract documents and all
BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF
THEIR BID.
Addendum as follows
1. Correction on Page 5
Section 2(d) of"TECHNICAL SPECIFICATIONS/SCOPE OF SERVICES" is amended as follows:
"2. The successful proposers are referred to as Contractors throughout this RFQ.
d. The Contractor shall include, in response, proposed commission percentage. All sales
commission to be paid by the buyer seller."
If you have any questions, please contact the Purchasing Division at 409-983-8160.
NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID
DOCUMENTS.
r2ii
Cli n Williams, CPPB
Purchasing Manager
Signature of Proposer Date
Company Vendor Name