HomeMy WebLinkAboutPR 23468: EDC PROFESSIONAL SERVICES AND CONSULTING AGREEMENT WITH THE SOLCO GROUP, LLC ‘-114 PORT*ARTHUR,
INTEROFFICE MEMORANDUM
Date: November 21, 2023
To: Honorable Mayor and City Council
Through: Ron Burton, City Manager
From: Terry Stokes, PAEDC Chief Executive Officer
RE: PR 23468 I A Resolution authorizing the City of Port Arthur Section 4A Economic
Development Corporation to enter into a Professional Services and Consulting
Agreement with The Solco Group, LLC of Port Arhtur, Texas for an Aerial Survey
and development of a Master Parcel Property Map for the Spur 93 and Jade Avenue
Business Parks.
The intent of this Agenda Item is to seek the City of Port Arthur City Council's approval
authorizing the City of Port Arthur Section 4A Economic Development Corporation to enter into
a Professional Services and Consulting Agreement with The Solco Group, LLC of Port Arthur,
Texas for an Aerial Survey and development of a Master Parcel Property Map for the Spur 93 and
Jade Avenue Business Parks.
Background:
The PAEDC will soon be applying for funding from the U.S. Department of Commerce's
Economic Development Administration(EDA)to support the placement of requisite infrastructure
as the two subject business parks. The artifacts that will result from the proposed services are
requirement for inclusion in the application to the EDA. Further, the PAEDC strives to market
and develop business opportunities and recruit new businesses and industry which will strengthen
and diversify the economic base of the City of Port Arthur by investing in new capital and creating
new jobs. Our Business Parks offer a prime location. The Solco Group, LLC has provided a
proposal for an Aerial Survey and development of a Master Parcel Property Map for the PAEDC's
Spur 93 and Jade Avenue Business Parks. Such a survey will provide an excellent marketing tool.
Budgetary Impact:
The budgetary impact of this item is $7,110.00, funds available in EDC Account Number 120-80-
625-5420-00-00-000.
Recommendation:
It is recommended that the Port Arthur City Council approves the Port Arthur Economic
Development Corporation entering into a Professional Services and Consulting Agreement with
The Solco Group, LLC for an Aerial Survey, and development of a Master Parcel Property Map
for the PAEDC's Spur 93 and Jade Avenue Business Parks.
. ,
P.R. No. 23468
11/21/2023 JMC
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY OF PORT
ARTHUR SECTION 4A ECONOMIC DEVELOPMENT
CORPORATION TO ENTER INTO A PROFESSIONAL
SERVICES AND CONSULTING AGREEMENT WITH THE
SOLCO GROUP,LLC OF PORT ARTHUR,TEXAS FOR AN
AERIAL SURVEY AND DEVELOPMENT OF A MASTER
PARCEL PROPERTY MAP FOR THE SPUR 93 AND JADE
AVENUE BUSINESS PARKS IN AN AMOUNT NOT TO
EXCEED $7,110.00; FUNDS AVAILABLE IN EDC
ACCOUNT NO. 120-80-625-5420-00-00-000
WHEREAS,The PAEDC strives to market and develop business opportunities and recruit
new business and industry which will strengthen and diversify the economic base of the City of
Port Arthur by investing in new capital and creating new jobs; and
WHEREAS, the City of Port Arthur Section 4A Economic Development Corporation's
("PAEDC") Spur 93 and Jade Avenue Business Parks are prime locations for new businesses to
locate in Port Arthur; and
WHEREAS, The Solco Group, LLC has provided a proposal for an Aerial Survey and
development of a Master Parcel Property Map for the PAEDC's Spur 93 and Jade Avenue Business
Parks. These artifacts must accompany our application for park infrastructure funding from the
U.S. Economic Development Administration and they will serve as an excellent marketing tool;
and
WHEREAS,at their Regular Board meeting of November 14,2023,the PAEDC Board of
Directors approved entering into a Professional Services and Consulting Agreement with The
Solco Group,LLC for an Aerial Survey,and development of a Master Parcel Property Map for the
PAEDC's Spur 93 and Jade Avenue Business Parks; and
WHEREAS, the cost for the Professional Services and Consulting Agreement with The
Solco Group, LLC for an Aerial Survey and development of a Master Parcel Property Map for the
PAEDC's Spur 93 and Jade Avenue Business Parks will not exceed $7,110.00 as detailed in the
Professional Services and Consulting Agreement attached hereto as Exhibit"A".
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That the City Council approves the Port Arthur Economic Development
Corporation entering into a Professional Services and Consulting Agreement with The Solco
Group, LLC for an Aerial Survey, and development of a Master Parcel Property Map for the
PAEDC's Spur 93 and Jade Avenue Business Parks for an amount not to exceed$7,110.00.
Section 3. That a copy of the caption of this Resolution be spread upon the Minutes of the
City Council.
READ,ADOPTED AND APPROVED on this day of A.D., 2023,
at a Meeting of the City Council of the City of Port Arthur, Texas,by the following vote:
AYES:
Mayor
Councilmembers
•
NOES:
PR 23468 Page 2
Thurman Bartie, Mayor
ATTEST:
Sherri Bellard,City Secretary
APPROVED:
Terry Stokes, PAEDC CEO
APPROVED AS TO FORM:
PAEDC Attorney
APPROVED AS TO FORM:/171 Val Tizeno, City A orney
APPROVED AS TO AVAILABILITY OF FUNDS:
Oa ea/ Alkt) 0661 J,
Lynda oswell, Finance Director
I
I
PR z 3ays
Page 3
Exhibit "A"
CITY OF PORT ARTHUR ECONOMIC DEVELOPMENT CORPORATION
STANDARD PROFESSIONAL SERVICES AGREEMENT FOR AERIAL
SURVEY AND DEVELOPMENT OF MASTER PARCEL PROPERTY MAP FOR
THE PORT ARTHUR ECONOMIC DEVELOPMENT CORPORATION'S SPUR
93 AND JADE AVENUE BUSINESS PARKS
THE STATE OF TEXAS §
§
JEFFERSON COUNTY §
This Professional Services Agreement("Agreement")is made and entered by and between the City of Port Arthur
Economic Development Corporation, a Texas non-profit Type A economic development corporation, ("PAEDC")
and The Solco Group,LLC. ("Professional").
Section 1.Duration.
This Agreement shall become effective upon execution by the PAEDC and shall remain in effect until satisfactory
completion of the Scope of Work unless terminated as provided for in this Agreement.
Section 2. Scope of Work.
(A) Professional shall perform the Services as more particularly described in the Scope of Work attached
hereto as Exhibit "A". The work as described in the Scope of Work constitutes the "Project". Unless
otherwise provided in the Scope of Work, the anticipated submittal of all Project deliverables is
immediately upon completion of the Project.
(B) The Quality of Services provided under this Agreement shall be performed with the professional skill
and care ordinarily provided by competent professionals practicing in the same or similar locality and
under the same or similar circumstances and professional license, and as expeditiously as is prudent
considering the ordinary professional skill and care of a competent professional holding the same
professional license.
(C) The Professional shall perform its Services for the Project in compliance with all statutory, regulatory
and contractual requirements now or hereafter in effect as may be applicable to the rights and obligations
set forth in the Agreement.
(D) The Professional may rely upon the accuracy of reports and surveys provided to it by the PAEDC except
when defects should have been apparent to a reasonably competent professional or when it has actual
notice of any defects in the reports and surveys.
PADC Professional Services Agreement 1
Section 3. Compensation.
(A) Payment. The Professional shall be paid in the manner set forth in Exhibit`B"and as provided herein.
(B) Billing Period: Upon the successful completion of the Scope of Work,the Professional shall submit an
invoice for the lump sum payment set forth in Exhibit "B" to PAEDC, 501 Procter Street, Suite 100,
Port Arthur, Texas 77640. Subject to Chapter 2251, Texas Government Code (the "Prompt Payment
Act"), payment is due within thirty (30) days of the PAEDC's receipt of the Professional's invoice.
Interest on overdue payments shall be calculated in accordance with the Prompt Payment Act.
(C) Reimbursable Expenses: All reimbursable expenses related to the Project must be approved in writing
and in advance by PAEDC and shall be accounted for in Exhibit`B".
Section 4.Changes to the Project Work; Additional Work.
(A) Changes to Work: Professional shall make such revisions to any work that has been completed as are
necessary to correct any errors or omissions as it may appear in such work. If the PAEDC finds it
necessary to make changes to previously satisfactorily completed work or parts thereof,the Professional
shall make such revisions if requested and as directed by the PAEDC and such services will be
considered as additional work and paid for as specified under the following paragraph.
(B) Additional Work: The PAEDC retains the right to make changes to the Scope of Work at any time by a
written order. Work that is clearly not within the general description of the Scope of Work and does not
otherwise constitute special services under this Agreement must be approved in writing by the PAEDC
by supplemental agreement before the additional work is undertaken by the Professional. If the
Professional is of the opinion that any work is beyond that contemplated in this Agreement and the Scope
of Work governing the project and therefore constitutes additional work,the Professional shall promptly
notify the PAEDC of that opinion, in writing. If the PAEDC agrees that such work does constitute
additional work,then the PAEDC and the Professional shall execute a supplemental agreement for the
additional work and the PAEDC shall compensate the Professional for the additional work on the basis
of the rates contained in the Scope of Work.If the changes deduct from the extent of the Scope of Work,
the contract sum shall be adjusted accordingly.All such changes shall be executed under the conditions
of the original Agreement.Any work undertaken by Professional not previously approved as additional
work shall be at risk of the Professional.
Section 5.Time of Completion.
The prompt completion of the services under the Scope of Work is critical to the PAEDC. Unnecessary delays in
providing services under the Scope of Work shall be grounds for dismissal of the Professional and termination of
this Agreement without any or further liability to the PAEDC other than a prorated payment for necessary,timely,
and conforming work done by Professional prior to the time of termination. The Scope of Work shall provide, in
either calendar days or by providing a final date, a time of completion prior to which the Professional shall have
completed all tasks and services described in the Scope of Work.
Section 6.Insurance.
PADC Professional Services Agreement 2
IPF
Before commencing work under this Agreement, Professional shall obtain and maintain the liability insurance
provided for in attached Exhibit"C"throughout the term of this Agreement and thereafter as required herein.
In addition to the insurance provided for in Exhibit"C",Professional shall maintain the following limits and types
of insurance:
(A) Workers Compensation Insurance: The Professional shall carry and maintain during the term of this
Agreement,Workers Compensation and Employers Liability insurance meeting the requirements of the
State of Texas on all the Professional's employees carrying out the work involved in this contract.
(B) General Liability Insurance: The Professional shall carry and maintain during the term of this
Agreement, general liability insurance on and per occurrence basis with limits of liability no less than
$1,000,000 for each occurrence and for fire damage.For Bodily Injury and Property Damage,coverage
shall be no less than $1,000,000. As a minimum, coverage for Premises, Operations, Products and
Completed Operations shall be $2,000,000. This coverage shall protect the public or any person from
injury or property damages sustained by reason of the Professional or its employees carrying out the
work involved in this Agreement.The general aggregate shall be no less than$2,000,000.
(C) Automobile Liability Insurance:Professional shall carry and maintain during the term of this Agreement,
Automobile Liability insurance with either a combined limit of at least $1,000,000 per occurrence for
bodily injury and property damages or split limits of at least$1,000,000 for bodily injury per person,per
occurrence and $1,000,000 for property damages per occurrence. Coverage shall include all owned,
hired, and non-owned motor vehicles used in the performance of this contract by the Professional or its
employees.
(D) Subcontractor: In the case of any work sublet, the Professional shall require subcontractor and
independent contractors working under the direction of either the Professional or a subcontractor to carry
and maintain the same Workers Compensation and Liability insurance required of the Professional.
(E) Qualifying Insurance: The insurance required by this Agreement shall be written by a non-assessable
insurance company licensed to do business in the State of Texas and currently rated"B+" or better by
the A.M. Best Companies. All policies shall be written on a"per occurrence basis" and not a "claims
made"form.
(F) Professional Liability: $1,000,000
Evidence of such insurance shall be attached as Exhibit"D".
PADC Professional Services Agreement 3
Section 7.Miscellaneous Provisions.
(A) Subletting. The Professional shall not sublet or transfer any portion of the work under this Agreement or
any Scope of Work issued pursuant to this Agreement unless specifically approved in writing by the
PAEDC, for which approval shall not be unreasonably withheld. Subcontractors shall comply with all
provisions of this Agreement and the applicable Scope of Work. The approval or acquiescence of the
PAEDC in the subletting of any work shall not relieve the Professional of any responsibility for work
done by such subcontractor.
(B) Ownership of Documents. Upon completion or termination of this Agreement, all documents prepared
by the Professional or furnished to the Professional by the PAEDC shall be delivered to and become the
property of the PAEDC.All drawings,charts,calculations,plans,specifications and other data,including
electronic files and raw data, prepared under or pursuant to this Agreement, shall be made available,
upon request, to the PAEDC without restrictions or limitations on the further use of such materials;
PROVIDED, HOWEVER, THAT SUCH MATERIALS ARE NOT INTENDED OR REPRESENTED
TO BE SUITABLE FOR REUSE BY THE PAEDC OR OTHERS. ANY REUSE WITHOUT PRIOR
VERIFICATION OR ADAPTATION BY THE PROFESSIONAL FOR THE SPECIFIC PURPOSE
INTENDED WILL BE AT THE PAEDC'S SOLE RISK AND WITHOUT LIABILITY TO THE
PROFESSIONAL. Where applicable, Professional shall retain all pre-existing proprietary rights in the
materials provided to the PAEDC but shall grant to the PAEDC a non-exclusive,perpetual,royalty-free
license to use such proprietary information solely for the purposes for which the information was
provided. The Professional may, at Professional's expense, have copies made of the documents or any
other data furnished to the PAEDC under or pursuant to this Agreement.
(C) Professional's Seal. To the extent that the Professional has a professional seal, it shall be placed on all
documents and data furnished by the Professional to the PAEDC.All work and services provided under
this Agreement will be performed in a good and workmanlike fashion and shall conform to the accepted
standards and practices of the Professional's industry. The plans, specifications, and data provided by
Professional shall be adequate and sufficient to enable those performing the actual work to perform the
work as and within the time contemplated by the PAEDC and Professional.The PAEDC acknowledges
that Professional has no control over the methods or means of work nor the costs of labor, materials or
equipment. Unless otherwise agreed to in writing, any estimates of costs by the Professional are for
informational purposes only and are not guarantees.
(D) Compliance with Laws. The Professional shall comply with all federal, state, and local laws, statutes,
ordinances,rules and regulations,and the orders and decrees of any courts,administrative,or regulatory
bodies in any matter affecting the performance of this Agreement, including, without limitation,
Workers' Compensation laws, minimum and maximum salary and wage statutes and regulations, and
licensing laws and regulations. When required, the Professional shall furnish the PAEDC with
satisfactory proof of compliance.
(E) Independent Contractor. Professional acknowledges that Professional is an independent contractor of
the PAEDC and is not an employee, agent, official, or representative of the PAEDC. Professional shall
not represent, either expressly or through implication,that Professional is an employee, agent, official,
or representative of the PAEDC.Income taxes,self-employment taxes,social security taxes,and the like
are the sole responsibility of the Professional.
PADC Professional Services Agreement 4
(F) Non-Collusion. Professional represents and warrants that Professional has not given,made,promised or
paid, nor offered to give, make, promise or pay any gift, bonus, commission, money, or other
consideration to any person as an inducement to or in order to obtain the work to be provided to the
PAEDC under this Agreement. Professional further agrees that Professional shall not accept any gift,
bonus, commission, money, or other consideration from any person (other than from the PAEDC
pursuant to this Agreement) for any of the services performed by Professional under or related to this
Agreement.If any such gift,bonus,commission,money,or other consideration is received by or offered
to the Professional,Professional shall immediately report that fact to the PAEDC and,at the sole option
of the PAEDC,the PAEDC may elect to accept the consideration for itself or to take the value of such
consideration as a credit against the compensation otherwise owing to Professional under or pursuant to
this Agreement.
(G) Force Majeure. If the performance of any covenant or obligation to be performed hereunder by any
party is delayed as a result of circumstances which are beyond the reasonable control of such party
(which circumstances may include,without limitation,pending litigation, acts of God,war,acts of civil
disobedience, fire or other casualty, shortage of materials,adverse weather conditions [such as,by way
of illustration and not of limitation,severe rain storms or below freezing temperatures,or tornados]labor
action, strikes or similar acts, moratoriums or regulations or actions by governmental authorities), the
time for such performance shall be extended by the amount of time of such delay,but no longer than the
amount of time reasonably occasioned by the delay.The party claiming delay of performance as a result
of any of the foregoing force majeure events shall deliver written notice of the commencement of any
such delay resulting from such force majeure event no later than seven(7)days after the claiming party
becomes aware of the same,and if the claiming party fails to so notify the other party of the occurrence
of a force majeure event causing such delay and the other party shall not otherwise be aware of such
force majeure event, the claiming party shall not be entitled to avail itself of the provisions for the
extension of performance contained in this subsection.
(H) Conflict.In the case of any conflicts between the terms of this Agreement and wording contained within
the Scope of Services, this Agreement shall govern. The Scope of Services is intended to detail the
technical scope of services,fee schedule, and contract time only and shall not dictate Agreement terms.
Section 8.Termination.
(A) This Agreement may be terminated:
(1) By the mutual agreement and consent of both Professional and PAEDC;
(2) By either party,upon the failure of the other party to fulfill its obligations as set forth in either this
Agreement or a Scope of Work issued under this Agreement;
(3) By the PAEDC, immediately upon notice in writing to the Professional, as consequence of the
failure of Professional to perform the services contemplated by this Agreement in a timely or
satisfactory manner;
(4) By the PAEDC, at will and without cause upon no less than thirty(30) days written notice to the
Professional.
PADC Professional Services Agreement 5
(B) If the PAEDC terminates this Agreement pursuant to Section 5 or subsection 8(A)(2) or(3), above, the
Professional shall not be entitled to any fees or reimbursable expenses other than the fees and
reimbursable expenses then due and payable as of the time of termination and only then for those services
that have been timely and adequately performed by the Professional considering the actual costs incurred
by the Professional in performing work to date of termination,the value of the work that is nonetheless
usable to the PAEDC, the cost to the PAEDC of employing another professional to complete the work
required and the time required to do so,and other factors that affect the value to the PAEDC of the work
performed at time of termination. In the event of termination that is not the fault of the Professional,the
Professional shall be compensated for all basic, special,and additional services actually performed prior
to termination,together with any reimbursable expenses then due.
Section 9.Indemnification.
Professional shall indemnify and hold harmless the City of Port Arthur, Texas, Economic Development
Corporation and its officials, employees and agents (collectively referred to as "Indemnitees") and each of
them from and against all loss, costs, penalties, fines, damages, claims, expenses (including reasonable
attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of
any person or damage to or destruction or loss of any property arising out of,resulting from,or in connection
with (i) the performance or non-performance of Services contemplated by this Agreement but only to the
extent caused by the negligent acts,errors or omissions,intentional torts,intellectual property infringement,
or a failure to pay a sub-contractor or supplier committed by Professional or Professional's agent,consultant
under contract, or another entity over which Professional exercises control (whether active or passive) of
Professional or its employees, agents, or sub-contractors (collectively referred to as "Professional"), (ii) the
failure of Professional to comply with any of the paragraphs herein or the failure of Professional to conform
to statutes,ordinances,or other regulations or requirements of any governmental authority,federal,state or
local,in connection with the performance of this Agreement.Professional expressly agrees to indemnify and
hold harmless the Indemnitees,or any one of them,from and against all liabilities which may be asserted by
an employee or former employee of Professional,or any of its sub-contractors,as provided above,for which
Professional's liability to such employee or former employee would otherwise be limited to payments under
State Workers' Compensation or similar laws. Nothing herein shall require Professional to indemnify,
defend, or hold harmless any Indemnitee for the Indemnitee's own negligence or willful misconduct. Any
and all indemnity provided for in this Agreement shall survive the expiration of this Agreement and the
discharge of all other obligations owed by the parties to each other hereunder and shall apply prospectively
not only during the term of this Agreement but thereafter so long as any liability could be asserted in regard
to any acts or omissions of Professional in performing Services under this Agreement.
For Professional Liability Claims, Professional shall be liable for reasonable defense costs incurred by
Indemnitees but only after final adjudication and to the extent and percent that Professional or Professional's
agents are found negligent or otherwise at fault. As used in this Agreement, final adjudication includes any
negotiated settlement and release of claims,without limitation as to when a negotiated settlement and release
of claims occurs.
Section 10.Notices.
Any notice required or desired to be given from one party to the other party to this Agreement shall be in writing,
and shall be given, and shall be deemed to have been served and received (whether actually received or not) if(i)
delivered in person to the address set forth below; (ii)deposited in an official depository under the regular care and
PADC Professional Services Agreement 6
custody of the United States Postal Service located within the confines of the United States of America and sent by
certified mail, return receipt requested, and addressed to such party at the address hereinafter specified; or (iii)
delivered to such party by courier receipted delivery.Either party may designate another address within the confines
of the continental United States of America for notice, but until written notice of such change is actually received
by the other party,the last address of such party designated for notice shall remain such party's address for notice.
Section 11.No Assignment.
Neither party shall have the right to assign that party's interest in this Agreement without the prior written consent
of the other party.
Section 12. Severability.
If any term or provision of this Agreement is held to be illegal, invalid or unenforceable, the legality, validity, or
enforceability of the remaining terms or provisions of this Agreement shall not be affected thereby, and in lieu of
each such illegal, invalid or unenforceable term or provision,there shall be added automatically to this Agreement
a legal,valid,or enforceable term or provision as similar as possible to the term or provision declared illegal,invalid,
or unenforceable.
Section 13.Waiver.
Either PAEDC or the Professional shall have the right to waive any requirement contained in this Agreement that
is intended for the waiving party's benefit except as otherwise provided herein,such waiver shall be effective only
if in writing executed by the party for whose benefit such requirement is intended. No waiver of any breach or
violation of any term of this Agreement shall be deemed or construed to constitute a waiver of any other breach or
violation,whether concurrent or subsequent,and whether of the same or of a different type of breach or violation.
Section 14. Governing Law; Venue.
This Agreement and all of the transactions contemplated herein shall be governed by and construed in accordance
with the laws of the State of Texas. The provisions and obligations of this Agreement are performable in Jefferson
County, Texas, such that exclusive venue for any action arising out of this Agreement shall be in Jefferson County,
Texas.
PAI)C Professional Services Agreement 7
Section 15.Paragraph Headings; Construction.
The paragraph headings contained in this Agreement are for convenience only and shall in no way enlarge or limit
the scope or meaning of the various and several paragraphs hereof.Both parties have participated in the negotiation
and preparation of this Agreement and this Agreement shall not be construed either more or less strongly against or
for either party.
Section 16. Binding Effect.
Except as limited herein,the terms and provisions of this Agreement shall be binding upon and inure to the benefit
of the parties hereto and their respective heirs,devisees,personal and legal representatives,successors and assigns.
Section 17.Gender.
Within this Agreement,words of any gender shall be held and construed to include any other gender, and words in
the singular number shall be held and construed to include the plural,unless the context otherwise requires.
Section 18.Counterparts.
This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of
which shall constitute but one and the same instrument.
Section 19.Exhibits.
All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to
the same.
Section 20.Entire Agreement.
It is understood and agreed that this Agreement contains the entire agreement between the parties and supersedes
any and all prior agreements,arrangements or understandings between the parties relating to the subject matter.No
oral understandings, statements, promises or inducements contrary to the terms of this Agreement exist. This
Agreement cannot be changed or terminated orally.
Section 21.Relationship of Parties.
Nothing contained in this Agreement shall be deemed or construed by the parties hereto or by any third party to
create the relationship of principal and agent or of partnership or of joint venture or of any association whatsoever
between the parties, it being expressly understood and agreed that no provision contained in this Agreement nor
any act or acts of the parties hereto shall be deemed to create any relationship between the parties other than the
relationship of independent parties contracting with each other solely for the purpose of effecting the provisions of
this Agreement.
[signature page follows]
PADC Professional Services Agreement 8
PADC Professional Services Agreement 9
EXECUTED on this day of ,2023.
PAEDC: PROFESSIONAL:
By: By:
Name: Name:
Title: Title:
ADDRESS FOR NOTICE:
PAEDC: PROFESSIONAL:
The Port Arthur Economic Development The Solco Group,LLC
Corporation 549 4th Street Port Arthur, TX 77640
Attn: Terry Stokes
Chief Executive Officer
501 Procter Street, Suite 100,Port Arthur,TX 77640
With a copy to:
PAEDC Attorney
Attn: Charles E.Zech
2500 W.William Cannon, Suite 609
Austin,Texas 78745
PADC Professional Services Agreement 10
Exhibit "A"
SCOPE OF WORK
1. Aerial Drone Survey of the Port Arthur Economic Development Corporation Jade Avenue Business
Park Subdivision:
a. The flight plan will cover approximately 304 acres of land in Class D airspace (FAA coordination
and authorization will be necessary).
b. 1,000-1,600 photos (depending on authorized flight altitude) will be stitched together to create a
geo-referenced"ortho-mosaic"aerial photo of the entire site.
c. The aerial photo will be referenced to the Texas Coordinate System of 1983 (NAD83), South
Central Zone.
2. GIS Data Integration:
a. Our team will integrate GIS data into the aerial photographs to provide parcel information. This
will involve accurately mapping and labeling each parcel to facilitate easy identification and
assessment.
3. Parcel Information Compilation and Color Coding:
a. Our team will develop a 24" x 36" scaled Master Property Parcel Map (drawing) that shows all
Business Park parcel information such as size,location coordinates,nearby amenities,and parcels
available for sale, based on a color-coding scheme.
This service will be completed no later than 1/31/2024.
PADC Professional Services Agreement 1 1
Exhibit"B"
COMPENSATION
The cost and fee for this service is$7,110.00 for the aerial survey, GIS integration, and the parcel map). This
is a flat fee and no other expenses or costs will be accrued or charged to PAEDC. This payment will be made
upon completion of the service in a one-time lump sum payment within 30 days from invoice.
PADC Professional Services Agreement 12
Exhibit"C"
REQUIREMENTS FOR ALL INSURANCE DOCUMENTS
The Professional shall comply with each and every condition contained herein. The Professional shall provide and
maintain the minimum insurance coverage set forth below during the term of its Agreement with the PAEDC.Any
Subcontractor(s) hired by the Professional shall maintain insurance coverage equal to that required of the
Professional. It is the responsibility of the Professional to assure compliance with this provision. The City of Port
Arthur Economic Development Corporation accepts no responsibility arising from the conduct,or lack of conduct,
of the Subcontractor.
INSTRUCTIONS FOR COMPLETION OF INSURANCE DOCUMENT
With reference to the foregoing insurance requirements,Professional shall specifically endorse applicable insurance
policies as follows:
1. The City of Port Arthur Economic Development Corporation shall be named as an additional insured with
respect to General Liability and Automobile Liability on a separate endorsement.
2. A waiver of subrogation in favor of The City of Port Arthur Economic Development Corporation shall be
contained in the Workers Compensation and all liability policies and must be provided on a separate
endorsement.
3. All insurance policies shall be endorsed to the effect that The City of Port Arthur Economic Development
Corporation will receive at least thirty(30) days written notice prior to cancellation or non-renewal of the
insurance.
4. All insurance policies, which name The City of Port Arthur Economic Development Corporation as an
additional insured, must be endorsed to read as primary and non-contributory coverage regardless of the
application of other insurance.
5. Chapter 1811 of the Texas Insurance Code, Senate Bill 425 82(R) of 2011, states that the above
endorsements cannot be on the certificate of insurance.Separate endorsements must be provided for
each of the above.
6. All insurance policies shall be endorsed to require the insurer to immediately notify The City of Port Arthur
Economic Development Corporation of any material change in the insurance coverage.
7. All liability policies shall contain no cross-liability exclusions or insured versus insured restrictions.
8. Required limits may be satisfied by any combination of primary and umbrella liability insurances.
9. Professional may maintain reasonable and customary deductibles, subject to approval by The City of Port
Arthur Economic Development Corporation.
10. Insurance must be purchased from insurers having a minimum A.M.Best rating of B+.
11. All insurance must be written on forms filed with and approved by the Texas Department of Insurance.
(ACORD 25 2010/05). Coverage must be written on an occurrence form.
12. Contractual Liability must be maintained covering the Professional's obligations contained in the contract.
Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent
and shall contain provisions representing and warranting all endorsements and insurance coverages
according to requirements and instructions contained herein.
13. Upon request,Professional shall furnish The City of Port Arthur Economic Development Corporation with
certified copies of all insurance policies.
PADC Professional Services Agreement 13
14. A valid certificate of insurance verifying each of the coverages required above shall be issued directly to
the City of Port Arthur Economic Development Corporation within ten (10) business days after contract
award and prior to starting any work by the successful Professional's insurance agent of record or insurance
company.Also,prior to the start of any work and at the same time that the Certificate of Insurance is issued
and sent to the City of Port Arthur Economic Development Corporation, all required endorsements
identified in sections A, B, C and D above shall be sent to the City of Port Arthur Economic Development
Corporation. The certificate of insurance and endorsements shall be sent to:
PADC Professional Services Agreement 14
Exhibit "D"
EVIDENCE OF INSURANCE
PADC Professional Services Agreement 15
