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HomeMy WebLinkAboutPR 22583: SECOND AMENDED CONTRACT AND EXTEND THE SOLCO GROUP, LLC'S CONTRACT City of Port Arthur Transit Department Memorandum To: Ron Burton,City Manager From: Ivan Mitchell,Transit Director Date: May 23,2022 Re: P.R 22583—Second amended contract and extend the Solco Group,LLC's.contract Nature of Request: The City Manager is hereby authorized to execute the second amended contract with the Solco Group,LLC of Beaumont,Texas to continue engineering and design services for PAT's parking lot expansion with overhead canopies and for reconstruction and drainage repairs on Dallas and Fort Worth Avenues in the amount of$6,120.00,to a new total of$197,355.00,and extend the contract through September 21,2023, Background: Resolution No. 21-249 authorized the City Manager to negotiate a contract with the Solco Group,LLC.,for engineering and design services for Port Arthur Transit's(PAT)parking lot expansion with overhead canopies. The Texas Department of Transportation(TxDOT)awarded PAT funds to construct a 13,000 square foot parking lot to accommodate its growing fleet of transit vehicles. In addition,PAT will construct several overhead canopies to protect the vehicles from the elements as well as install conduit for future electric vehicle charging. Resolution No.21-287 authorized the City Manager to execute a contract with the Solco Group,LLC.,for engineering and design services for Port Arthur Transit's(PAT)parking lot expansion with overhead canopies in the amount not to exceed$131,284.00. PAT was awarded Federal Transit Administration funds in the amount of$904,750.00($723,800 federal/$180,950local)under the Section 5324 Emergency Relief Program in December 2018. PAT selected the Solco Group,LLC. (TSG)to provide engineering and design services for reconstruction and drainage repairs on Dallas and Fort Worth Avenues which are adjacent to its facilities. Resolution No. 21-384 authorized a contract amendment which increased the contract amount by$59,951.00 to a new contract total of in the amount not to exceed$191,235.00. An additional cost of$6,120.00 is to be added to the contract total for the reconstruction of portions of the driveway between San Antonio and Dallas Avenues which increases the contract total cost to $197,355.00. In order to ensure quality completion of the project,PAT is extending the existing contract with the Solco Group,LLC through September 21,2023. Recommendation:It is recommended that the City Council approve proposed P.R. 22583 to extend the Solco Group,LLC's.,contract through September 21,2023. Budgetary/Fiscal Effect: Funding to pay for the design and engineering services is available in Transit Capital Account 401-70-530-8512-00-60-000 PROJECT#TR11430. P.R. No. 22583 5/23/2022 IM RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO THE CONTRACT WITH THE SOLCO GROUP, LLC OF BEAUMONT, TEXAS FOR ENGINEERING AND DESIGN SERVICES FOR PORT ARTHUR TRANSIT'S (PAT) PARKING LOT EXPANSION AT 320 DALLAS AVENUE AND FOR RECONSTRUCTION AND DRAINAGE REPAIRS ON DALLAS AND FORT WORTH AVENUES IN THE AMOUNT OF $6,120.00 TO A NEW CONTRACT TOTAL OF $197,335.00 AND EXTENDING THE CONTRACT THROUGH SEPTEMBER 13, 2023; FUNDING IS AVAILABLE IN ACCOUNT NO. 401-70-530-8512-00-60-000, PROJECT#TR11430 WHEREAS, pursuant to Resolution No. 21-249, the City Manager was authorized to negotiate a contract with the Solco Group,LLC; and, WHEREAS, pursuant Resolution No. 21-287, the City Council approved a contract with the Solco Group, LLC., for engineering and design services for Port Arthur Transit's (PAT) parking lot expansion with overhead canopies in the amount not to exceed $131,284.00; and, WHEREAS, pursuant Resolution No. 21-384,the City Council authorized a contract amendment which increased the contract amount by $59,951.00 to a new contract total of in the amount of $191,235.00; and, WHEREAS, the City Manager and PAT recommend the second amendment to the contract in the amount of$6,120.00 to a new total of$197,355.00, and extending the contract through September 21, 2023, a copy of the contract with proposed fees and the amended scope is attached hereto as Exhibit"A". 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. THAT, the City Manager is hereby authorized to execute the second amended contract with the Solco Group, LLC of Beaumont, Texas to continue engineering and design services for PAT's parking lot expansion with overhead canopies and for reconstruction and drainage repairs on Dallas and Fort Worth Avenues in the amount of $6,120.00, to a new total of $197,355.00, and extend the contract through September 21,2023, in substantially the same for as attached hereto as Exhibit"A". THAT, a copy of the caption of this Resolution be spread upon the minutes of the City Council. READ,ADOPTED AND APPROVED this day of June 2022 at a Regular meeting of the City of Port Arthur,Texas by the following vote: AYES: Mayor: Councilmembers: P.R. 22583 5/23/2022 IM NOES: Thurman"Bill" Bartie, Mayor ATTEST: Sherri Bellard, City Secretary A ROVED AS TO FORM: Git-r6d U72 b-citai/ Val Tizen CityAttorney APPROVED FOR ADMINISTRATION: APPROVED AS TO AVAILABILITY OF FUNDS: 401-70-530-8512-00-60-000 PROJECT#: TR11430 GL� �DG Ronald Burton Kandy Daniel City Manager Interim Director of Finance It..)Ak Clifton illiams, CPPB 1 Iva Mitchell Purchasing Manger Transit Director P.R. 22583 5/23/2022 IM Exhibit "A" THE SOLCO GROUP, LLC TRANSPORTATION PLANNING,ENGINEERING,RESEARCH,AND CONSULTING May 31, 2022 Mr. Ivan Mitchell City of Port Arthur Transit Department 344 Procter Street P.O. Box 1089 Port Arthur, TX 77641 Subject: PAT Contract Extension for the design of the PAT Parking Lot with overhead canopies TSG-Project No.2021-06-1087,to include the design of reconstruction and drainage improvements for Dallas Avenue and Fort Worth Avenue—Project No. 2021-08-1087A the design of portions of the driveway between San Antonio Avenue and Dallas Avenue—Project No. 2021-08-1087B Dear Mr. Mitchell (Ivan), The Solco Group, LLC (TSG) appreciates the opportunity to work with your organization to design the PAT Bus Maintenance Parking Facility and overhead canopy. As a result of numerous design challenges and unanticipated discoveries, TSG hereby request a contract extension to complete the project for the City of Port Arthur as originally intended. TSG is pleased to submit this request for the extension of providing professional project planning, engineering design, and project management services for the City of Port Arthur Transit Department. 1.0 Scope of Services The Solco Group, LLC (TSG) will continue to provide professional engineering services, design, and project oversite for the City of Port Arthur Transit Department. The Solco Group, LLC will continue to prepare the design of the PAT Parking Lot with overhead canopies to be compliant with all applicable federal, state, and City of Port Arthur codes and ordinances. The proposed cost and fees for this service is $131,284.00 for PN:2021- 06-1087,$59,951.00 for PN:2021-08-1087A,and $6,120.00 for PN:2021-08-1087B. We will continue to provide, as a minimum, design phase services to include detailed architectural / engineering project plans and specifications (30%, 60%, and 95%, 100%) for construction of the recommended project. Our design efforts will be phased to include all necessary engineering services that will allow the project to be successfully solicited for competitive bids. We will also provide professional recommendation of the award for the construction contract, bidding services support, and development support, and request for information (RFI)review and responses. The TSG design team will work closely with the PAT Maintenance Manager and other PAT staff on all phases of this project from the initial coordination to project completion. One or more of our engineers will be present at the pre-bid meeting and the pre- construction meeting. We will provide engineering design support services during all •TSG,LLC PO Box 22001 Beaumont,Texas 77720 •Office: 817-564-68950 THE SOLCO GROUP, LLC TRANSPORTATION PLANNING,ENGINEERING,RESEARCH,AND CONSULTING phases of construction. The final A/E design plans and specifications (100%) will be completed by September 21, 2023. The rates in this proposal for services rendered by TSG or TSG affiliates are guaranteed for one year. It is also understood that services rendered by TSG can be accomplished with typical offices supplies and basic mobile technologies such a laptop computer and cell phone. All other necessary equipment and technology needed will be provided by your organization(if applicable). 2.0 Performance of Work TSG and its subconsultants will perform 100% of the work under this proposal for this specific project. Occasionally we may consult with other affiliates if necessary to provide the necessary services for this specific project. We will organize and archive all project data in a manner that will allow for real time auditing reviews anytime throughout the design and construction process as well as allow the City of Port Arthur Transit Department (PAT) to do post construction and historical audits. At the conclusion of the project, we will deliver USB flash drives to the PAT Manager and PAT maintenance staff members that can be used to retain and archive all project document TSG will provide services to PAT via telephone or in person in PAT offices and with either you or your designated representative for this specific project. TSG travel to PAT offices or travel on your behalf to other designated meetings (if applicable) will originate from the Beaumont / Port Arthur (Southeast Texas) metropolitan area. All other applicable services and agreements are explained in THE SOLCO GROUP, LLC ADVISORY / CONSULTING AGREEMENT enclosed with this letter. Thank you for your consideration. Respectfully Submitted, Kelvin L. Solco, P.E. MBA President/CEO Enclosures: Contract Pricing Schedules The Solco Group, LLC Consulting Agreement •TSG,LLC PO Box 22001 Beaumont,Texas 77720 • Office: 817-564-6895• THE SOLCO GROUP, LLC TRANSPORTATION PLANNING,ENGINEERING,RESEARCH,AND CONSULTING Not-to-Exceed Contract Pricing Schedule TSG Billable Fee Schedule - Project No. 2021-06-1087 Civil Engineer Professional/ &Technical Admin Technical Services Task Descriptions Principal Support Support Research existing Contact Electric,Water, Electric,Water,Gas Gas(Utility service,lines, Companies)and review infrastructure As-built drawings $120.00 $360.00 Prepare Engineering Prepare Preliminary Report(s) Engineering Report $240.00 $3,240.00 Prepare Final Engineering Report $240.00 $14,672.00 Prepare 30%plans, specifications,and preliminary cost estimate $1,800.00 $12,780.00 $ 100.00 Topographic Survey Project Layout and Staking Plan Demolition Plans Typical Sections and Paving Details Grading and Drainage Plan Paving and Spot Elevations Plan Storm Sewer Plan Stormwater and Pollution Prevention Plan(SWPPP) Signage and Striping Plan Traffic Control Details List of Specifications Cost Estimate Conduct investigating site visits during 30% Design Prepare 60%plans, specifications,and preliminary cost estimate $1,920.00 $9,000.00 $400.00 Topographic Survey Project Layout and Staking Plan Demolition Plans •TSG,LLC PO Box 22001 Beaumont,Texas 77720 • Office: 817-564-6895• THE SOLCO GROUP, LLC TRANSPORTATION PLANNING,ENGINEERING,RESEARCH,AND CONSULTING Typical Sections and Paving Details Grading and Drainage Plan Paving and Spot Elevations Plan Storm Sewer Plan Stormwater and Pollution Prevention Plan(SWPPP) Signage and Striping Plan Traffic Control Details List of Specifications Cost Estimate Conduct investigating site visits during 60% Design Prepare 100%plans, specifications,and preliminary cost estimate $1,440.00 $9,720.00 $400.00 Topographic Survey Project Layout and Staking Plan Demolition Plans Typical Sections and Paving Details Grading and Drainage Plan Paving and Spot Elevations Plan Storm Sewer Plan Stormwater and Pollution Prevention Plan(SWPPP) Signage and Striping Plan Traffic Control Details List of Specifications Cost Estimate Conduct investigating site visits during 100% Design PAT Construction Contract Bidding Services $1,200.00 $3,240.00 $500.00 Prepare Bidding Documents Attend Pre-Bid Meeting Review Bid-Tabulation and Recommend Low- •TSG,LLC PO Box 22001 Beaumont,Texas 77720 • Office: 817-564-68950 THE SOLCO GROUP, LLC TRANSPORTATION PLANNING,ENGINEERING,RESEARCH,AND CONSULTING Bidder Construction Administration and Project Closeout $1,440.00 $6,300.00 $100.00 Pre-Construction Meeting Review Construction Submittals Address RFI"s Engineering Site Visits (2 Total)during Construction Phase Accumulate field notes, photographs,videos Prepare Record Drawings Total Professional/ Technical Services S8,400.00 S47.160.00 S1.500.00 Special Services Service Description Costs Reproduction Services Plans and Specification reproduction $500.00 Travel Costs Site visits $859.00 MSP Project Information Management $4,000.00 Geotechnical Investigation Services $3,000.00 Topographic Survey Services $3,000.00 Electrical and Lighting Design Services (Conventional and Solar) $39,240.00 Architectural/Structural Services(Match Canopies) $23,625.00 Total Costs and Fees Professional Technical Services $57,060.00 Special Services $74,224.00 Total Contract Fee $131,284.00 •TSG,LLC PO Box 22001 Beaumont,Texas 77720 •Office: 817-564-68950 THE SOLCO GROUP, LLC TRANSPORTATION PLANNING,ENGINEERING,RESEARCH,AND CONSULTING Not-to-Exceed Contract_Pricing Schedule TSG Billable Fee Schedule-Project No. 2021-08-1087A Dallas Avenue and Fort Worth Avenue Reconstruction- Civil Engineer Professional/ &Technical Admin Technical Services Task Descriptions Principal Support Support Project formulation, 50%design plans, Field investigation(s) specifications,and and review of city As- cost estimate built drawings General Notes and Summary of Quantities Topographic Survey Reviews or Procurement Project Layout and Staking Plan Preliminary Demolition Plans Typical Sections and Paving Details Typical Sections and Paving Details Grading Plan Initial Paving and Spot Elevations Plan Stormwater and Pollution Prevention Plan(SWPPP) Stormwater and Pollution Prevention Details Striping Plan Traffic Control Details Cross-Sections List of Specifications Cost Estimate Prepare 95%design plans,specifications, Updated Notes and and cost estimate Summary of Quantities Topographic Survey Reviews and design application Project Layout and Staking Plan Updated Demolition Plans Typical Sections and •TSG,LLC PO Box 22001 Beaumont,Texas 77720 • Office: 817-564-6895• THE SOLCO GROUP, LLC TRANSPORTATION PLANNING,ENGINEERING,RESEARCH,AND CONSULTING Paving Details Typical Sections and Paving Details Grading Plan Updated Paving and Spot Elevations Plan Stormwater and Pollution Prevention Plan(SWPPP) Stormwater and Pollution Prevention Details Striping Plan Traffic Control Details Cross-Sections Project Specification Updated Cost Estimate Prepare 100%design plans,specifications, and cost estimate Final General Notes and Summary of Quantities Topographic Survey analysis Final Project Layout and Staking Plan Final Demolition Plans Updated Typical Sections and Paving Details Updated Typical Sections and Paving Details Updated Grading plan Final Paving and Spot Elevations Plan Final Stormwater and Pollution Prevention Plan(SWPPP) Final Stormwater and Pollution Prevention Details Final Striping Plan Final Traffic Control Details Final Cross-Section details Final Project Specifications Final Engineer's Cost Estimate •TSG,LLC PO Box 22001 Beaumont,Texas 77720 • Office: 817-564-6895• THE SOLCO GROUP, LLC TRANSPORTATION PLANNING,ENGINEERING,RESEARCH,AND CONSULTING Address QAQC Comments Bidding services Prepare Bidding Documents Pre-Bid Meeting Bid-Tabulation and Recommend Low- Bidder Prepare Bidding Documents Pre-Bid Meeting Construction administration and Pre-Construction closeout Meeting Review Construction Submittals Address RFI"s Resident Project Representation(RPR) Support Services Prepare Record Drawings(As-Builts) Special Services Service Description Costs Reproduction Services Plans and Specification reproduction $400.00 Travel Costs Site visits $631.00 MSP Project Information Management $705.00 Geotechnical Investigation Services $5,995.00 Topographic Survey Services $3,500.00 Total Costs and $48,720.00 Fees Professional Technical Services Special Services $11,231.00 Total Contract Fee $59,951.00 •TSG,LLC PO Box 22001 Beaumont,Texas 77720 • Office: 817-564-6895• THE SOLCO GROUP, LLC TRANSPORTATION PLANNING,ENGINEERING,RESEARCH,AND CONSULTING Not-to-Exceed Contract Pricing Schedule TSG Billable Fee Schedule- Project No. 2021-08-1087B Reconstruction of portions of the driveway between San Antonio and Dallas AVE- Civil Engineer Professional/ &Technical Admin Technical Services Task Descriptions Principal Support Support Project formulation, 50%design plans, Field investigation(s) specifications,and and review of city As- cost estimate built drawings General Notes and Summary of Quantities Preliminary Demolition Plans Typical Sections and Paving Details Typical Sections and Paving Details Stormwater and Pollution Prevention Details Traffic Control Details Cross-Sections List of Specifications Cost Estimate Prepare 95%design plans,specifications, Updated Notes and and cost estimate Summary of Quantities Demolition Plan Typical Sections and Paving Details Typical Sections and Paving Details Traffic Control Details Cross-Sections Project Specification Updated Cost Estimate Prepare 100%design plans,specifications, and cost estimate Final General Notes and Summary of Quantities Topographic Survey analysis Final Project Layout •TSG,LLC PO Box 22001 Beaumont,Texas 77720 •Office: 817-564-6895• THE SOLCO GROUP, LLC TRANSPORTATION PLANNING,ENGINEERING,RESEARCH,AND CONSULTING and Staking Plan Final Demolition Plans Updated Typical Sections and Paving Details Updated Typical Sections and Paving Details Final Project Specifications Final Engineer's Cost Estimate Address QAQC Comments Bidding services Prepare Bidding Documents Combine bidding services and Pre-Bid Meeting with the parking lot and canopy project Construction administration and Pre-Construction closeout Meeting Review Construction Submittals Address RFI"s Resident Project Representation(RPR) Support Services Prepare Record Drawings(As-Builts) Special Services Service Description Costs Reproduction Services Plans and Specification reproduction $400.00 Travel Costs Site visits $631.00 Total Costs and Fees Professional Technical Services S6,120.00 Notes: 1. (*)Recommended minimum Not-to-exceed contract amount. 2. (**)Hourly rates for work in excess of 40 hours per week including weekends or nights per the terms of the Advisory/Consulting Agreement. 3. Additional fees for TSG affiliates may be added(if necessary)at rates to be determined. 4. Payment term will be Net(30)Thirty from the date of the invoice. •TSG,LLC PO Box 22001 Beaumont,Texas 77720 • Office: 817-564-6895• THE SOLCO GROUP, LLC TRANSPORTATION PLANNING,ENGINEERING,RESEARCH,AND CONSULTING THE SOLCO GROUP, LLC TRANSPORTATION PROFESSIONAL SERVICES / CONSULTING AGREEMENT THE SOLCO GROUP, LLC appreciates the opportunity to work with you and provide professional advice regarding your specific project. To ensure a mutual understanding, we set forth the following pertinent information about our services. THE SOLCO GROUP, LLC (hereafter referred to as TSG), and the City of Port Arthur Transit Department(CLIENT) acknowledge and agree to the following. 1. CLIENT CONTACT - The CLIENT is free to contact TSG to discuss the specific project immediately after the execution of this agreement. 2. TO BE PROVIDED BY THE SOLCO GROUP. LLC — TSG agrees to provide the following: a. The services of all professional and technical personnel required for the performance of the services described under Scope of Work. b. Up to three physical copies and one electronic file copy of the construction plans and specifications for the project. c. Project consultation throughout the project from initiation to project closeout. 3. ACCESSIBILITY - The CLIENT acknowledges all work performed by TSG or affiliates will occur within the standard business hours of 7:00 AM to 7:00 PM Monday through Saturday. TSG has limited accessibility on Sundays and accessibility will need to be scheduled in advance. If scheduling conflicts occur on any day of the week TSG will return the CLIENT's phone calls as soon as possible and attend meetings as soon as mutual schedules permit. 4. TO BE PROVIDED BY PORT ARTHUR TRANSIT (CLIENT) — The CLIENT agrees to provide the following: a. All available pertinent information that it may have in its possession or to which it may have access. b. A representative to whom Engineer will report and from whom Engineer shall receive instruction and authorization. c. Right of access to all properties as required during the execution of the work. d. All necessary resident engineering services. e. Services of an independent testing laboratory to perform all materials testing necessary for control of the project during the construction phase. f. Documentation and property description information work necessary for easement or property boundaries description. •TSG,LLC PO Box 22001 Beaumont,Texas 77720 •Office: 817-564-6895• THE SOLCO GROUP, LLC TRANSPORTATION PLANNING,ENGINEERING,RESEARCH,AND CONSULTING 5. TIME OF PERFORMANCE - The services of The Solco Group, LLC are to commence upon the signing of the contract. a. The estimated project duration for the design services will be completed by September 21, 2023, subject to change upon the CLIENT request or mutual agreement(s). b. The final contract plans and documents will be available and ready per the agreed project schedule. 6. OWNERSHIP OF DOCUMENTS - All drawings, specifications, records, photographs, videos, and other project related documents prepared by TSG, its employees, subcontractors and agents in the performance of this Agreement shall be the property of Port Arthur Transit. These items will be delivered to the CLIENT upon the completion and/or termination of this Agreement. TSG reserves the right to retain copies of the documents, photographs, and other records for filing purposes, TSG archives, and for historical reference. 7. COMMUNICATIONS - All communication and information between the CLIENT and TSG are considered privileged and confidential if desired and requested. TSG will provide disclosure to others only when authorized by the CLIENT in writing. CLIENT authorization may be needed when TSG needs to assign work to its affiliates. However, TSG may use the name, logo, or authorized image of the CLIENT in TSG marketing materials. 8. PAYMENTS AND COMPENSATION - Payments to TSG shall be made promptly, and shall not be contingent upon funding anticipated by the CLIENT. The CLIENT understands that TSG will invoice immediately upon the execution of this agreement, and then monthly, or more frequently if requested. The CLIENT understands the TSG invoice terms are due upon receipt. All fees shall be paid promptly. Invoices will be faxed or sent by e-mail unless the original is requested. Once TSG submits an invoice for services provided, Port Arthur Transit and the City of Port Arthur agrees to pay such invoices within thirty (30) days after the date of the applicable invoice Any balance outstanding for more than thirty (30) days of the invoice shall be deemed delinquent and subject to late payment fees,penalty fees, and/or interest charges. a. The Port Arthur Transit and the City of Port Arthur will compensate The Solco Group, LLC for all work and services described in the Scope of Services. The CLIENT also agrees to the following: i. The scope and cost of said services will be reviewed and approved by the Port Arthur Transit and the Port Arthur City Council prior to any authorization to proceed. ii. This cost shall constitute complete compensation for all direct labor, payroll burden, general and administrative overhead, profit, travel, equipment, and materials necessary to complete the tasks as set forth in the Scope of Work. •TSG,LLC PO Box 22001 Beaumont,Texas 77720 •Office: 817-564-68950 THE SOLCO GROUP, LLC TRANSPORTATION PLANNING,ENGINEERING,RESEARCH,AND CONSULTING 9. METHOD OF PAYMENT—The CLIENT is responsible for payment of services rendered as stipulated in this agreement. All payment to The Solco Group, LLC for services under this Scope of Work will be made monthly based on the percentage of work completed during the preceding month and will, in every case, be supported by a suitable invoice. 10. BRANDING AND IMAGES - The CLIENT acknowledges the use of a The Solco Group, LLC name, branding, and images in any manner is not authorized unless this signed agreement is returned to TSG, subject to privacy laws. The CLIENT will also allow The Solco Group, LLC to use the Port Arthur Transit and City of Port Arthur name, branding, logos or similar images for use in developing the project plans and specifications and for TSG marketing purposes. 11. TERMINATION - If, through circumstances of unforeseen cause, TSG fails to fulfill in a timely and proper manner the obligations under this Agreement, the City of Port Arthur shall thereupon have the right to terminate this Contract by giving written notice to the Engineer of such termination and specifying the effective date thereof, at least fourteen (14) days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by TSG under this Contract shall become the property of TSG and TSG shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. The City of Port Arthur may terminate this Agreement at any time by giving at least twenty-one (21) days- notice in writing to the TSG. If the Agreement is terminated by the City of Port Arthur as provided herein, then TSG will be paid for the time provided and expenses incurred up to the actual termination date. 12. CHANGES - The CLIENT may, from time to time, request changes in the scope of the services of TSG to be performed hereunder. Such changes, including any increase or decrease in the amount of the TSG's compensation, which are mutually agreed upon by and between the City and the TSG, shall be incorporated in written amendments to this Agreement. 13. CIVIL RIGHTS ACT OF 1964 - Under 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. 14. LIMITATION OF LIABILITY - Except for TSG's confidentiality and indemnity obligations, respectively, and except for actions or claims arising from gross negligence or intentional or willful misconduct, TSG's total liability to the City of Port Arthur shall not exceed the greater of(1) the total TSG compensation value or (2) the amount of recoverable insurance, regardless of whether any action or claim is based upon contract, warranty, tort (including negligence) or strict liability. •TSG, LLC PO Box 22001 Beaumont,Texas 77720 • Office: 817-564-6895• THE SOLCO GROUP, LLC TRANSPORTATION PLANNING,ENGINEERING,RESEARCH,AND CONSULTING 15.ACCURACY OF INFORMATION - The CLIENT agrees that TSG will rely on information provided by the City of Port Arthur in order to complete the tasks associated with this agreement. The accuracy of research and the outcome of the project deliverables provided by TSG will rely on the accuracy and the availability of information provided by the CLIENT. TSG is not responsible for nor liable for incorrect or incomplete information provided by the CLIENT. 16. INSURANCE — The Solco Group, LLC will maintain the following insurance coverages for the duration of this project. a. Commercial General Liability of $1,000,000 each occurrence and $2,000,000 aggregate b. Professional Liability (Errors and Omissions) of $1,000,000 each occurrence and $1,000,000 aggregate. 17. SPECIAL CONDITIONS - This contract is subject to and incorporates the provisions attached hereto as Exhibit A, if applicable, and necessary per the US Department of Transportation — Federal Transit Administration Federal Contract Provisions. All applicable Federal Contract Provisions are added to this agreement for the CLIENT's review and approval. ADDITIONAL SPECIAL CONDITIONS: Anticipated Start Date: This agreement is acceptable to The Solco Group, LLC, as indicated by the authorized representative signature(s)below: (TSG Representative) Print Name: Kelvin L. Solco (TSG Representative) Signature: (TSG Representative) Title: President/CEO (Attest for TSG): •TSG, LLC PO Box 22001 Beaumont,Texas 77720 • Office: 817-564-68950 THE SOLCO GROUP, LLC TRANSPORTATION PLANNING,ENGINEERING,RESEARCH,AND CONSULTING ACCEPTANCE - If this contract meets with the approval of Port Arthur Transit and the City of Port Arthur, please indicate CLIENT acceptance by signing this proposal and returning one signed copy to The Solco Group, LLC PO Box 22001 Beaumont, Texas 77720. Agreed to this day of , 2022 By (Client): (Client) Print Name: (Client) Signature: (Client) Title: (Attest for Client): Thank you for allowing us to serve you. •TSG,LLC PO Box 22001 Beaumont,Texas 77720 • Office: 817-564-6895•