HomeMy WebLinkAboutPR 24275: TO NEGOTIATE WITH FREESE AND NICHOLS, INC. COMPREHENSIVE PLANNING AND ENGINEERING SERICES FOR THE REVISION AND AMENDMENT OF THE CITY OF PORT ARTHUR SUBDIVISION REGULATIONS City of
ort rthur
www.PortArthurTx.gov
DEPARTMENT OF TRANSIT AND EQUIPMENT SERVICES
INTEROFFICE MEMORANDUM
Date: August 22, 2025
To: The Honorable Mayor and City Council
Through: Ronald "Ron" Burton, CPM, City Manager
From: Pamela D. Langford, Assistant City Manager— Operations/Director of
Development Services
RE: P.R. NO. 24275 —Authorizing the City Manager to Negotiate a Contract
with Freese and Nichols, Inc. to provide comprehensive planning and
engineering services for the revision and amendment of the City of Port
Arthur Subdivision Regulations (Chapter 98, Code of Ordinances)
Introduction:
The purpose of this memorandum is to request the approval of Proposed Resolution
No. 24275, authorizing the City Manager to negotiate a contract with Freese and
Nichols, Inc. of Houston, Texas, for comprehensive planning and engineering services
for the revision and amendment of the City of Port Arthur's Subdivision Regulations
(Chapter 98, Code of Ordinances).
Background:
Subdivision regulations are essential tools in municipal planning and land development.
They establish requirements for platting, streets, utilities, drainage, and other public
infrastructure, ensuring that land is developed in a manner consistent with the City's
long-term goals.
The Texas Local Government Code requires that subdivision regulations,
comprehensive plans, and zoning ordinances operate in coordination with one another
to promote orderly and sustainable growth. This alignment ensures that infrastructure
development supports land use goals and that development standards are consistent
across all regulatory frameworks.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O. Box 1089 X Port Arthur.Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
s
The City Council adopted the Comprehensive Plan "Imagine Port Arthur: Your Dream,
Our Future"on May 22, 2018, through Ordinance No. 18-21. The City Council further
modernized its land use policies by adopting comprehensive amendments to the City's
Zoning Ordinance on July 5, 2022, through Ordinance No. 22-49. To complete this
alignment, it is now necessary to review, revise, and potentially rewrite the Subdivision
Regulations (Chapter 98, Code of Ordinances) to ensure consistency with the City's
Comprehensive Plan and Comprehensive Zoning Ordinance.
To begin this process, the City issued a Request for Qualifications (RFQ) to solicit
qualified firms to assist with comprehensive planning and engineering services for the
revision and amendment of the subdivision regulations. Freese and Nichols, Inc. was
the only firm to submit a proposal and has demonstrated extensive experience in
municipal planning and engineering services.
Budget Impact:
The cost of the services associated with this contract will be presented as part of the
negotiated agreement with Freese and Nichols, Inc. Funding will be identified within the
planning budget and presented to the City Council for authorization.
Recommendation:
It is recommended that the City Council approve Proposed Resolution No. 24275,
authorizing the City Manager to negotiate a contract with Freese and Nichols, Inc. of
Houston, Texas, for comprehensive planning and engineering services for the revision
and amendment of the City of Port Arthur's Subdivision Regulations. This action will
bring the City's subdivision regulations into full alignment with the Comprehensive Plan
and Comprehensive Zoning Ordinance, ensuring consistency, legal compliance, and
support for Port Arthur's long-term development goals.
"Remember,Ise are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 7764 1-1 089 X 409.983.8101 X FAX 409.982.6743
P.R. NO. 24275
08/21/2025 PDL
PAGE 1 OF 4
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
NEGOTIATE A CONTRACT WITH FREESE AND NICHOLS, INC.
OF HOUSTON, TEXAS, TO PROVIDE COMPREHENSIVE
PLANNING AND ENGINEERING SERVICES FOR THE REVISION
AND AMENDMENT OF THE CITY OF PORT ARTHUR'S
SUBDIVISION REGULATIONS (CHAPTER 98, CODE OF
ORDINANCES).
WHEREAS, Municipal subdivision regulations are a vital tool for cities to manage
the orderly growth, development, and subdivision of land, ensuring that infrastructure,
public facilities, and land uses are aligned with the overall vision of the city; and
WHEREAS, Section 211.004 of the Texas Local Government Code mandates that
all municipal zoning regulations must be based on a comprehensive plan and designed
to achieve specific public goals, including reducing traffic congestion, ensuring public
safety, promoting health, providing adequate light and air, and preventing land
overcrowding and population concentration; and
WHEREAS, Subdivision regulations are a direct tool to implement these zoning
and comprehensive plan principles, as they govern how new parcels of land are created
and developed, ensuring that the layout, infrastructure, and public facilities of new
subdivisions align with the overall vision and goals of the municipality's comprehensive
plan and zoning ordinance; and
WHEREAS, on May 22, 2018, the City Council approved Ordinance No. 18-21,
adopting the City of Port Arthur Comprehensive Plan, entitled "Imagine Port Arthur: Your
Dream, Our Future", which sets forth the long-term vision, policies, and strategies for
guiding growth and development within the City; and
WHEREAS, on July 5, 2022, the City Council approved Ordinance No. 22-49,
adopting comprehensive amendments and revisions to the City's Comprehensive Zoning
P.R. NO. 24275
08/21/2025 PDL
PAGE 2 OF 4
Ordinance, thereby modernizing and aligning land use regulations with the adopted
Comprehensive Plan; and
WHEREAS, the City's Subdivision Regulations (Chapter 98, Code of Ordinances)
require review, revision, and potential rewrite to ensure consistency and alignment with
the adopted Comprehensive Plan and Comprehensive Zoning Ordinance, in accordance
with the Texas Local Government Code; and
WHEREAS, on June 25, 2025, and July 2, 2025, the City of Port Arthur solicited
qualified firms through the formal Request for Qualifications (RFQ) process to provide
professional planning and engineering services for this project, and Freese and Nichols,
Inc. of Houston, Texas, was the only respondent, attached hereto as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PORT ARTHUR, TEXAS:
That the facts and opinions in the preamble are true and correct.
That the City Manager is hereby authorized to negotiate a contract with Freese and
Nichols, Inc. of Houston, Texas, for the purpose of reviewing, revising, or rewriting the
City of Port Arthur Subdivision Regulations (Chapter 98, Code of Ordinances).
That a copy of the caption of this Resolution be spread upon the Minutes of the City
Council.
READ, ADOPTED, AND APPROVED this the day of September, A.D.
2025, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the
following vote: AYES: Mayor:
COUNCILMEMBERS:
Charlotte M. Moses, Mayor
P.R. NO. 24275
08/21/2025 PDL
PAGE 3 OF 3
ATTEST:
Sherri Bellard, TRMC, City Secretary
APPROVED A RM:
Roxann Pais Cotroneo, City Attorney
APPROVED FOR ADMI TI .
Any .-
Ronald "Ron" Burton , City Manager Pamela D. Langford, CPMAssistant
City Manager-Operations/Director of
Development Services
P.R. NO. 24275
08/21/2025 PDL
PAGE 4 OF 4
EXHIBIT "A"
CITY OF PORT ARTHUR
Request for Qualifications
Review, Revision, or Comprehensive Rewrite of
Chapter 98- Subdivision Regulations
June 25, 2025 July 2, 2025
PUBLIC NOTICE
CITY OF PORT ARTHUR,TEXAS
REQUEST FOR QUALIFICATIONS
)TICE IS HEREBY GIVEN THAT sealed Qualifications,addressed to the City of Port Arthur,will
ereceived at the Office of the City Secretary,City Hall 444-4th Street or P.O.Box 1089,Port
rthur,Texas 77641 no later than 3:00 P.M.,Wednesday,July 16,2025 and at bids received will
ereafter be opened and read aloud on Wednesday.July 16,2025 at 3:15 P.M,in the City Council
umbers,5th Floor,City Hall,Port Arthur,Texas for certain services briefly described as:
REQUEST FOR QUALIFICATIONS
REVIEW,REVISION.OR COMPREHENSIVE REWRITE OF
CHAPTER 98-SUBDIVISION REGULATIONS
uatifications received after closing time will be returned unopened.
opies of the Specifications and other Contract Documents are on file in the Purchasing Office,
44-4th Street, City of Port Arthur and are open for public inspection without charge. They can
lso be retrieved from the City's website City's website at*ww,poctarthurtx..Sovfbids.aspx or www,
ublicpurchase.com.
he City of Port Arthur reserves the right to reject any and all qualifications and to waive
tformalities.
''er Chapter 2 Article VI Sec.2-262(C)of the City's Code of Ordinance, the City Council shall not
ward a contract to a company that is in arrears in its obligations to the City.
w time, re
rrttaiug Manager
PUBLIC NOTICE
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 Hail 444-4th Street or P.O.Box 1089,Port
Arthur,Texas 77641 no later than 3:00 P.M.,Wednesday,July 16,2025 and all bids received will
:hereafter be opened and read aloud on Wednesday,July 16,2025 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
REVIEW,REVISION,OR COMPREHENSIVE REWRITE OF
CHAPTER 98-SUBDIVISION REGULATIONS
•
Qualifications received after closing time will be returned unopened.
Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,
144-4th Street, City of Port Arthur, and are open for public inspection without charge. They can
also be retrieved from the City's website City's website at www.portarthurtx.gov/bids.aspx or www.
Dublicpurchase.com.
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.
Cate �i itu,m r$
I'm-chasing Manager
CHARLOTTE M.MOSES,MAYOR RONALD BURTON,CPM
HAROLD L.DOUCET,SR., City of CITY MANAGER
MAYOR PRO TEM SHERRI BELLARD,TRMC
COUNCIL MEMBERS: — CITY SECRETARY
WILLIE BAE LEWIS,JR. o r t r t h u r
TIFFANY L.HAMILTON EVERFIELD ROXANN PAIS COTRONEO
DONEANE BECKCOM 7cus CITY ATTORNEY
THOMAS KINLAW,IH
DONALD FRANK,SR.
JULY 1,2025
REQUEST FOR QUALIFICATIONS
REVIEW,REVISION,OR COMPREHENSIVE REWRITE
OF CHAPTER 98—SUBDIVISION REGULATIONS
DEADLINE: Sealed proposal submittals must be received and time stamped by 3:00p.m.,Central Standard
Time,Wednesday,July 16,2025. (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,July 16,2025 in the City Council
Chambers, City Hall, 5th Floor,Port Arthur, TX. You are invited to attend.
MARK ENVELOPE: P25-063
DELIVERY ADDRESS: Please submit one (11 original and three (3) exact duplicate copies of your
RFO 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 Oualifications 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
cifton.williamsna,portarthurtx.gov
Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams,
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.
Clifton Williams
Purchasing Manager
Page 2 of 21
REQUESTS FOR QUALIFICATIONS
REVIEW, REVISION, OR COMPREHENSIVE REWRITE
OF CHAPTER 98—SUBDIVISION REGULATIONS
(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
Scope of Work (SOW): Review, Revision, or Rewrite of
City of Port Arthur Subdivision Regulations
(Chapter 98, Code of Ordinances)
1. Project Overview:
The City of Port Arthur is seeking qualifications from experienced and qualified consultants to
assist with the review, revision, or comprehensive rewrite of Chapter 98 of the City's Code of
Ordinances, also known as the Subdivision Regulations. The purpose of this effort is to
modernize the City's subdivision standards to:
• Align with the 2018 Comprehensive Plan and 2022 Zoning Ordinance Update.
• Incorporate best practices from peer Texas cities with similar demographics.
• Promote sustainable, resilient infrastructure and community design.
• Ensure legal compliance and administrative clarity; and
• Improve usability for staff, developers, and the public.
The final document should provide a modern, graphically supported, and user-friendly ordinance
that facilitates high-quality development and reflects the City's vision for future growth.
2. Objectives
• Ensure alignment with the City's adopted plans and policies.
• Streamline review and approval procedures while maintaining development quality.
• Update design standards for streets, lots, drainage, and public infrastructure.
• Promote sustainable and climate-resilient development practices.
• Support flexibility for innovative subdivision design (e.g., conservation, cluster).
• Reflect modern engineering and planning standards.
• Enhance compatibility between new and existing development.
• Improve clarity and ease of use for all stakeholders.
• Strengthen legal defensibility and enforceability.
3. Scope of Services
The selected consultant will be expected to perform the following tasks:
Page 4 of 21
or
A. Assessment & Background Review
• Conduct a detailed audit of Chapter 98 and related ordinances (e.g., zoning, drainage,
utilities).
• Identify inconsistencies with local, state, and federal law (including Texas Local
Government Code Chapters 212 and 242).
• Perform a comparative review of subdivision regulations from similar Texas cities,
such as Baytown, Texas City, Victoria, Rosenberg, and Angleton.
B. Plan & Policy Alignment
• Ensure updated regulations integrate with and support the following:
• Comprehensive Plan (2018)
• Zoning Ordinance (2022)
• Master Drainage Plan
• Transportation and Mobility Plan
• Water and Wastewater Master Plans
• Capital Improvement Plan (CIP)
C. Public Engagement & Stakeholder Collaboration
• Coordinate input from key stakeholders through:
• Roundtables with local engineers, surveyors, developers, and builders.
• Public workshops and/or online surveys.
• Engagement with City departments (Planning, Engineering, Utilities, Emergency
Services).
• Presentations to the Planning and Zoning Commission and City Council.
D. Drafting and Modernization of Subdivision Regulations
Develop a reorganized and updated ordinance addressing the following:
1. General Provisions and Purpose
2. Permitting Procedures
3. Variance Criteria and Process
Page 5 of 21
4. Appeals (in compliance with LGC Chapters 212 and 242)
5. Platting Requirements— Preliminary, Final, Minor, Replats, Amending
6. Design Standards, including:
o Street and Block Layout
o Lot and Parcel Design
o Sidewalks, Trails, and Connectivity
o Utilities and Easements
o Drainage and Stormwater Facilities
o Parks, Open Space, and Public Dedications
7. Landscaping and Tree Preservation
The consultant shall evaluate and recommend a comprehensive landscaping section within
Chapter 98 that integrates with the existing Tree Ordinance (Appendix A: Zoning). This
section shall address:
• Street Tree Requirements: Standards for spacing, placement, and species for street
trees to promote canopy cover and pedestrian comfort.
• Buffer Zones and Screening: Requirements for buffers between differing land uses
and along corridors.
• Common Area Landscaping: Minimum landscape requirements for medians, cul-de-
sacs, and shared open spaces.
• Tree Preservation: Strategies for retention, mitigation, and replanting of significant
trees based on health and ecological value.
• Species Selection: Emphasis on native, drought-tolerant, and non-invasive plants
suitable for Southeast Texas.
• Maintenance Responsibilities: Clearly defined responsibilities for HOAs, developers,
or the City, including replanting timelines.
• Irrigation Standards: Efficient irrigation design standards, including water conservation
measures.
8. Construction Standards and Public Improvements
Establish procedures for the dedication, inspection, acceptance, and bonding of public
improvements, including streets, utilities, and drainage, in accordance with TxDOT
specifications.
9. Guarantees and Sureties — Performance and maintenance bonding requirements.
Page 6 of 21
10.Alternative Subdivision Types — Standards for cluster, conservation, and low-impact
development subdivisions.
11.Digital Submittal and Data Standards — Requirements for GIS-compatible files, digital
plan submissions, and data formats.
12.Usability Enhancements — Incorporation of diagrams, tables, flowcharts, definitions, and
cross-references for improved navigation.
4. Review &Adoption Process
• Present draft materials to City staff, Planning and Zoning Commission, and City Council.
• Revise drafts based on stakeholder and public feedback.
• Support the formal adoption process, including final ordinance preparation.
• Provide a user guide and conduct training for staff on interpreting and applying the updated
regulations.
5. Deliverables
• Annotated audit of current Chapter 98
• Draft and final version of updated Subdivision Ordinance
• Summary comparison (existing vs. proposed changes)
• Compatibility matrix with the Comprehensive Plan and Zoning Ordinance
• User-friendly guide with visual aids (e.g., tables, graphics, flowcharts)
• Presentation materials and participation in at least:
• Two (2) Planning and Zoning Commission meetings
• Two (2) City Council meetings
• Staff training packet and implementation reference materials
6. Project Timeline
Estimated Duration: 6 to 9 months, depending on public feedback and adoption schedule
7. Reference Documents
• Texas Local Government Code, Chapters 212 and 242
• 2018 Comprehensive Plan
• 2022 Zoning Ordinance Update
Page 7 of 21
• 2015 Downtown Revitalization Plan
• Chapter 42 — Floodplain Ordinance
• 2023 Jefferson County Hazard Mitigation Action Plan
• 2024 Jefferson County Drainage District No. 7 Hazard Mitigation Plan
• TxDOT Roadway Design Manual
• TxDOT Pavement Manual
• TxDOT Standard Specifications (2024 Edition)
• TxDOT Hydraulic Design Manual
• APA Subdivision Design Guidelines
• NACTO Urban Street Design Guide
• Peer City Ordinances (Baytown, Victoria, Texas City, Rosenberg, Angleton)
8. Project Management & Oversight
• Lead Department: Development Services
• Coordinating Departments: Planning & Zoning, Public Works, Utilities, Legal
• Key External Partners: TxDOT, Jefferson County Drainage District No. 7
• Final Approvals: Planning and Zoning Commission -4 City Council
Page 8 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. It is
reauested that qualification packets be limited to no more than 50 pages. excluding resumes.
A. EXPERIENCE
1. Provide a profile of experience for all members of the firm. This section shall include,but not
be limited to,the following:
a. Experience of team --- number of years in field, Include a brief description of responsibilities
and summary resumes of key professional personnel. Include any specialty certification,which
demonstrates special qualification. State the number of similar projects. Indicate any additional
personnel your firm would anticipate needing to hire,as required,to take on the work for which
this response is requested.
b. Experience of firm — number of years in existence and number of employees. Include a brief
overview of the accomplishments of the firm. Included the number of municipal procurement
jobs and duties. Provide office location where each phase of this work will be accomplished.
Include names, titles, work addresses, and work telephone numbers of the responsible
corporate officer(s)in the proposed office location.
B. PAST PERFORMANCE
1. Identify and describe the proposed Team's past experience for providing services that are most
related to the requested services within the past ten (10) years. For each project, provide the
following information.
a. Project name, location, and description
b. Initial project and projected time for completion
c. Submit reference
2. Identify and describe the proposed Team's past experience working with municipalities.
Page 9 of 21
C. PROJECT APPROACH
1. Provide a brief description of the firm's typical plan for accomplishing work and services to
be provided to the City on a typical project like this including,but not limited to:
a. Description of activities for projects.
b. Technical approach to each phase of work.
c. Indicate which team member will participate in each area of the work for both the lead firm
and any sub-contractors.
2. Briefly describe the firm's approach to timeline and schedule.
3. Provide any other details regarding special services,products, advantages or other benefits offered
to the Owner by your firm.
4. Describe your plan for communicating with city staff
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. Experience 40 pts
b. Project Approach .35 pts
c. Past Performance. 25 pts
2. City staff shall recommend the most qualified firms.
3. 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 10 of 21
LETTER OF INTEREST
REVIEW,REVISION,OR COMPREHENSIVE REWRITE OF CHAPTER 98—SUBDIVISION
REGULATIONS
DEADLINE: JULY 16,2025
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
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 fmal 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 11 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 12 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 j 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 13 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.
A Name of vendor who has a business relationship with local governmental entity.
?I
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?
Yes 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.
flCheck this box if the vendor has given the local government officer or a family 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).
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:/iwww.statutes.legis.state.tx.us/
DocsiLG/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 a connection 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 tee 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) A vendor 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 tiled 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 governmental 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);
(9) 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
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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
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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
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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.
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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.: Accounts Payable,
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
request and rely on advice, decisions, and opinions of the Attorney General of Texas and the City
Attorney concerning any portion of these requirements.
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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.
DELINOUENT 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.
OUANTITIES: 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 REOUIRED 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.
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
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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.
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.
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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 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.
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ADDITIONAL INFORMATION: City may request any other information necessary to determine
Proposer's ability to meet the minimum standards required by this RFP.
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