HomeMy WebLinkAboutPR 23613: CONTRACT AMENDMENT NO. 1, PROFESSIONAL PLANNING SERVICE FOR PAT AND OTHER DEPARTMENTS City of Port Arthur
Transit Department
Memorandum
To: Ron Burton,City Manager
From: Ivan Mitchell,Transit Director
Date: March 13,2024
Re: P.R.23613—Execute Contract Amendment No. 1 for Professional Planning Service
for Port Arthur Transit and Other Departments in the City of Port Arthur
Nature of Request: Authorize the City Manager to execute contract amendment No. 1 with the Solco
Group,LLC (TSG)for professional planning services for the City of Port Arthur's transit department,
and other City departments.
Background: In conversations with Port Arthur Transit(PAT)and City departments,they expressed a
need for professional planning assistance including RFP review/development;bid request and
evaluation assistance,grant writing, and technical assistance. As a result of these conversations the
Assistant City Manager for Operations met with TSG to request a scope of work to assist City of Port
Arthur departments with professional planning services. This will be administered at the discretion of
the Assistant City Manager for Operations upon requests by department heads and/or their designee.
Pursuant to Resolution No. 23-562,the City Council approved a contract in the amount not to exceed
$78,750.00, $18,570.00 for Transit and$60,180.00 for other City departments to complete these tasks.
In response to my request,the Solco Group, LLC,has submitted a revised scope of work for
additional on-call planning services for PAT in the amount not to exceed$37,825.00. The request is
to cover grant assistance and project management costs related to items PAT will pursue in the
upcoming future.
The contract's new duration will be one year from the issuance of a notice to proceed.
Recommendation: It is recommended that the City Council approve proposed P.R. 23613 for a
professional planning services contract amendment with TSG,for a new contract in the amount not to
exceed$116,575.00.
Budgetary/Fiscal Effect: Funding to pay for the professional services is available in 401-70-500-5420-
00-60-000,Project#TR19442.
P.R. No. 23613
3/13/2024 IM
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT
AMENDMENT NO. 1 WITH THE SOLCO GROUP, LLC OF PORT ARTHUR, TEXAS
FOR PROFESSIONAL PLANNING SERVICES FOR PORT ARTHUR TRANSIT AND
OTHER CITY DEPARTMENTS IN THE AMOUNT OF $37,825.00 FOR A NEW TOTAL
AMOUNT NOT TO EXCEED $116,575.00; FUNDING IS AVAILABLE IN ACCOUNT
NO. 401-70-530-8512-00-60-000,PROJECT #TR19442
WHEREAS, there is a need by City of Port Arthur departments for assistance with planning
services regarding project management,grant applications,and other items; and,
WHEREAS, pursuant to Resolution No. 23-562, the City Council authorized a contract with the
Solco Group, LLC (TSG), in the amount not to exceed $78,750.00 for on-call planning services to Port
Arthur Transit (PAT) in the amount of $18,570.00 and other City of Port Arthur departments in the
amount of$60,180.00 that will be administered by the Assistant City Manager for Operations via requests
from departments heads and/or their designee;and,
WHEREAS,the Solco Group, LLC,has submitted a revised scope of work for additional on-call
planning services for Port Arthur Transit in the amount not to exceed$37,825.00; and,
WHEREAS,the City Manager and PAT recommend an amended professional planning services
contract with TSG, for a new contract in the amount not to exceed $116,575.00, a copy of the
supplemental fees and 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 enter contract amendment No. 1 with the Solco
Group,LLC of Port Arthur,Texas for on-call planning services in the new amount not to exceed
$116,575.00, 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 March 2024 at a Regular meeting of
the City of Port Arthur,Texas by the following vote:AYES:
Mayor:
Councilmembers:
NOES:
Thurman"Bill"Bartie, Mayor
P.R. No. 23613
3/13/2024 IM
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS
TOF I • :
l , L
es M. Black, Interim City Attorney
APPROVED FOR ADMINISTRATION: APPROVED AS TO AVAILABILITY
OF FUNDS:
401-70-530-8512-00-60-000
Ronald Burton, CPM Lynda Boswell
City Manager Director of Finance
Llildtk
Clifton Williams, CPPB Ivan Mitchell
Purchasing Manger Transit Director
P.R. No. 23613
3/13/2024 IM
Exhibit "A"
STATE OF TEXAS § AMENDMENT NO. 1
§ CITY OF PORT ARTHUR,TEXAS
COUNTY OF JEFFERSON § AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement for Professional Services Agreement is made by and between the City of
Port Arthur, Texas, a Texas home-rule municipality located in Jefferson County, Texas and The
Solco Group, LLC Of Port Arthur, Texas acting by and through the Parties' authorized
representatives.
Recitals:
WHEREAS, City desires to engage the services of Professional as an independent
contractor and not as an employee in accordance with the terms and conditions set forth in this
Agreement; and
WHEREAS, Professional desires to render professional services in accordance with the
terms and conditions set forth in this Agreement.
WHEREAS, The Solco Group, LLC, contract Amendment #1 for professional planning
services portion of the contract for Port Arthur Transit and other departments.
NOW, THEREFORE, in exchange for the mutual covenants set forth herein and other
valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the Parties
agree as follows:
Article I
Employment of Professional
Professional will perform as an independent contractor for all services under this
Agreement to the prevailing professional standards consistent with the level of care and skill
ordinarily exercised by members of Professional's profession, both public and private, currently
practicing in the same locality under similar conditions including but not limited to the exercise of
reasonable, informed judgments and prompt, timely action. If Professional is representing that it
has special expertise in one or more areas to be utilized in the performance of this Agreement,then
Professional agrees to perform those special expertise services to the appropriate local, regional,
and national professional standards.
Article II
Term
2.1 The term of this Agreement shall begin on the date of execution by all parties and
the work will begin upon the issuance of the Notice to Proceed by the City (the "Effective Date")
and shall remain in effect for a period of One Year or until services are complete, including the
time necessary to develop the project deliverables, subject to change upon request or mutual
agreement(s).
2.2 Professional may terminate this Agreement by giving thirty (30) days prior written
notice to City. In the event of such termination by Professional, Professional shall be entitled to
compensation for services satisfactorily completed in accordance with this Agreement prior to the
date of such termination.
2.3 City may terminate this Agreement by giving ten (10) days prior written notice to
Professional. In the event of such termination by City, Professional shall be entitled to
compensation for services satisfactorily completed in accordance with this Agreement prior to the
date of such termination. Upon receipt of such notice from City, Professional shall immediately
terminate working on, placing orders or entering into contracts for supplies, assistance, facilities
or materials in connection with this Agreement and shall proceed to promptly cancel all existing
contracts insofar as they are related to this Agreement.
2.4 Upon notice of termination by Professional or City, Professional shall immediately
surrender all project documents produced by Professional and its subcontractors up to and
including the date on which termination notice was given.
Article III
Scope of Services
3.1 Professional shall perform the services specifically set forth in Exhibit A, attached
hereto and incorporated herein by reference,entitled"Scope of Services." In case of conflict with
the language of Exhibit A and the provisions of this Agreement, the provisions of this Agreement
shall control. Any additional services require the prior approval of the City Council of the City.
3.2 The Parties acknowledge and agree that any and all opinions provided by
Professional represent the best judgment of Professional.
Article IV
Schedule of Work
4.1 Professional agrees to commence services upon written direction from City and to
complete the tasks set forth in Exhibit A, Scope of Services, in accordance with a work schedule
established by City (the "Schedule"), which is attached hereto and incorporated as Exhibit A.
4.2 In the event Professional's performance of this Agreement is delayed or interfered
with by acts of City or others, Professional may request an extension of time for the performance
of same as hereinafter provided, and City shall determine whether to authorize any increase in fee
or price, or to authorize damages or additional compensation as a consequence of such delays,
within a reasonable time after receipt of Professional's request.
4.3 No allowance of any extension of time, for any cause whatsoever, shall be claimed
or made by Professional, unless Professional shall have made written request upon City for such
extension not later than five (5)business days after the occurrence of the cause serving as the basis
for such extension request, and unless City and Professional have agreed in writing upon the
allowance of such additional time.
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City of Port Arthur, Texas
Professional Services Agreement
Article V
Compensation and Method of Payment
5.1 City shall pay Professional for the services specifically as set forth in Exhibit A and
in accordance with the Rate Schedule for a new contract amount not to exceed$37,825.00 for said
services.
5.2 Each month the Professional shall submit to the City an invoice supporting the
amount for which payment is sought. Each invoice shall also state the percentage of work
completed on the Project through the end of the then submitted billing period, the total of the
current invoice amount, and a running total balance for the Project to date.
5.3 Within thirty (30) days of receipt of each such monthly invoice, City shall make
monthly payments in the amount shown by Professional's approved monthly invoice and other
documentation submitted.
5.4 Professional shall be solely responsible for the payment of all costs and expenses
related to the services provided pursuant to this Agreement including, but not limited to, travel,
copying and facsimile charges, reproduction charges, and telephone, internet, e-mail, and postage
charges, except as set forth in Exhibit A.
5.5 Nothing contained in this Agreement shall require City to pay for any services that
are unsatisfactory as determined by City or which is not performed in compliance with the terms
of this Agreement,nor shall failure to withhold payment pursuant to the provisions of this section
constitute a waiver of any right, at law or in equity, which City may have if Professional is in
default, including the right to bring legal action for damages or for specific performance of this
Agreement. Waiver of any default under this Agreement shall not be deemed a waiver of any
subsequent default.
Article VI
Devotion of Time, Personnel, and Equipment
6.1 Professional shall devote such time as reasonably necessary for the satisfactory
performance of the services under this Agreement. City reserves the right to revise or expand the
scope of services after due approval by City as City may deem necessary, but in such event City
shall pay Professional compensation for such services at mutually agreed upon charges or rates,(a
copy of the Rate Schedule is attached hereto as Exhibit A),and within the time schedule prescribed
by City, and without decreasing the effectiveness of the performance of services required under
this Agreement. In any event, when Professional is directed to revise or expand the scope of
services under this Agreement, Professional shall provide City a written proposal for the entire
costs involved in performing such additional services. Prior to Professional undertaking any
revised or expanded services as directed by City under this Agreement, City must authorize in
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City of Port Arthur, Texas
Professional Services Agreement
6.2 It is expressly understood and agreed to by Professional that any compensation not
specified in this Agreement may require approval by the City Council of the City of Port Arthur
and may be subject to current budget year limitations.
6.3 To the extent reasonably necessary for Professional to perform the services under
this Agreement, Professional shall be authorized to engage the services of any agents, assistants,
persons, or corporations that Professional may deem proper to aid or assist in the performance of
the services under this Agreement. The cost of such personnel and assistance shall be borne
exclusively by Professional.
6.4 Professional shall furnish the facilities,equipment,telephones, facsimile machines,
email facilities, and personnel necessary to perform the services required under this Agreement
unless otherwise provided herein.
Article VII
Relationship of Parties
7.1 It is understood and agreed by and between the Parties that in satisfying the
conditions and requirements of this Agreement, Professional is acting as an independent
contractor, and City assumes no responsibility or liability to any third party in connection with the
services provided by Professional under this Agreement. All services to be performed by
Professional pursuant to this Agreement shall be in the capacity of an independent contractor, and
not as an agent, servant, representative, or employee of City. Professional shall supervise the
performance of its services and shall be entitled to control the manner, means and methods by
which Professional's services are to be performed, subject to the terms of this Agreement. As
such, City shall not train Professional, require Professional to complete regular oral or written
reports, require Professional to devote his full-time services to City, or dictate Professional's
sequence of work or location at which Professional performs Professional's work, except as may
be set forth in Exhibit A.
Article VIII
Insurance
8.1 Before commencing work, Professional shall, at its own expense, procure, pay for
and maintain during the term of this Agreement the following insurance written by companies
approved by the state of Texas and acceptable to City. Professional shall furnish to the City
Manager certificates of insurance executed by the insurer or its authorized agent stating coverages,
limits, expiration dates and compliance with all applicable required provisions. Certificates shall
reference the project/contract number and be addressed as follows:
City of Port Arthur, Texas
Attention: Ron Burton, City Manager
444 4th Street
Port Arthur, Texas 77640-1089
Page 4 of 11
City of Port Arthur, Texas
Professional Services Agreement
A. Commercial General Liability insurance, including, but not limited to
Premises/Operations, Personal & Advertising Injury, Products/Completed Operations,
Independent Contractors and Contractual Liability, with minimum combined single limits
of $500,000 per occurrence, $500,000 Products/Completed Operations Aggregate, and
$500,000 general aggregate. Coverage must be written on an occurrence form. The
General Aggregate shall apply on a per project basis.
B. Workers' Compensation insurance with statutory limits; and Employers'
Liability coverage with minimum limits for bodily injury: 1) by accident, $100,000 each
accident, and 2) by disease, $100,000 per employee with a per policy aggregate of
$500,000.
C. Business Automobile Liability insurance covering owned, hired and non-
owned vehicles, with a minimum combined bodily injury and property damage limit of
$500,000 per occurrence.
D. Professional Liability Insurance to provide coverage against any claim
which the Professional and all professionals engaged or employed by the Professional
become legally obligated to pay as damages arising out of the performance of professional
services caused by error, omission or negligent act with minimum limits of$1,000,000 per
claim, $1,000,000 annual aggregate
NOTE:If the insurance is written on a claims-made form, coverage shall be continuous(by
renewal or extended reporting period) for not less than thirty-six (36) months
following completion of this Agreement and acceptance by City.
8.2 With reference to the foregoing required insurance, Professional shall endorse
applicable insurance policies as follows:
A. A waiver of subrogation in favor of City, its officials, employees, and
officers shall be contained in the Workers' Compensation insurance policy.
B. The City, its officials, employees and officers shall be named as additional
insureds on the Commercial General Liability policy, by using endorsement CG2026 or
broader.
C. All insurance policies shall be endorsed to the effect that City will receive
at least thirty (30) days notice prior to cancellation, non-renewal, termination, or material
change of the policies.
8.3 All insurance shall be purchased from an insurance company that meets a financial
rating of B+ or better as assigned by A.M. Best Company or equivalent.
Page 5 of 11
City of Port Arthur, Texas
Professional Services Agreement
Article IX
Right to Inspect Records
9.1 Professional agrees that City shall have access to and the right to examine any
directly pertinent books, documents, papers and records of Professional involving transactions
relating to this Agreement. Professional agrees that City shall have access during normal working
hours to all necessary Professional facilities and shall be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City shall give
Professional reasonable advance notice of intended audits.
9.2 Professional further agrees to include in subcontract(s), if any, a provision that any
subcontractor agrees that City shall have access to and the right to examine any directly pertinent
books, documents, papers and records of such subcontractor involving transactions related to the
subcontract, and further, that City shall have access during normal working hours to all such
subcontractor facilities and shall be provided adequate and appropriate work space, in order to
conduct audits in compliance with the provisions of this section. City shall give any such
subcontractor reasonable advance notice of intended audits.
Article X
Miscellaneous
10.1 Entire Agreement. This Agreement and any and all Exhibits attached hereto
constitutes the sole and only agreement between the Parties and supersedes any prior or
contemporaneous understandings,written agreements or oral agreements between the Parties with
respect to the subject matter of this Agreement.
10.2 Authorization. Each Party represents that it has full capacity and authority to grant
all rights and assume all obligations granted and assumed under this Agreement.
10.3 Assignment. Professional may not assign this Agreement in whole or in part
without the prior written consent of City. In the event of an assignment by Professional to which
the City has consented, the assignee shall agree in writing with the City to personally assume,
perform, and be bound by all the covenants and obligations contained in this Agreement.
10.4 Successors and Assigns. Subject to the provisions regarding assignment, this
Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs,
executors, administrators, legal representatives, successors and assigns.
10.5 Governing Law and Exclusive Venue. The laws of the State of Texas shall govern
this Agreement, and exclusive venue for any legal action concerning this Agreement shall be in a
District Court with appropriate jurisdiction in Jefferson County, Texas. The Parties agree to
submit to the personal and subject matter jurisdiction of said court.
10.6 Amendments. This Agreement may be amended only by the mutual written
agreement of the Parties.
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City of Port Arthur, Texas
Professional Services Agreement
10.7 Severability. In the event any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect by a
court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any
other provision in this Agreement,and this Agreement shall be construed as if such invalid,illegal,
or unenforceable provision had never been contained in this Agreement.
10.8 Survival of Covenants and Terms. Any of the representations, warranties,
covenants,and obligations of the Parties,as well as any rights and benefits of the Parties,pertaining
to a period of time following the termination of this Agreement shall survive termination,
including, but not limited to, Section 3.3, Article X, and, in particular, Sections 10.13 and 10.14.
10.9 Recitals. The recitals to this Agreement are incorporated herein.
10.10 Notice. Any notice required or permitted to be delivered hereunder may be sent by
first class mail, overnight courier or by confirmed telefax or facsimile to the address specified
below, or to such other Party or address as either Party may designate in writing, and shall be
deemed received three (3) days after delivery set forth herein:
If intended for City:
City of Port Arthur, Texas
444 4th Street
Port Arthur, Texas 77640
Attn: Ron Burton, City Manager
Copy to:
City of Port Arthur, Texas
444 4th Street
Port Arthur, Texas 77640
Attn: Val Tizeno, City Attorney
If intended for Professional:
The Solco Group, LLC
549 4TH Street Suite 209A
Port Arthur Texas 77640
10.11 Counterparts. This Agreement may be executed by the Parties hereto in separate
counterparts, each of which when so executed and delivered shall be deemed an original, but all
such counterparts shall together constitute one and the same instrument. Each counterpart may
consist of any number of copies hereof each signed by less than all, but together signed by all of,
the Parties hereto.
10.12 Exhibits. The exhibits attached hereto are incorporated herein and made a part
hereof for all purposes.
10.13 Professional's Liability. Acceptance of the Project Documents by City shall not
constitute nor be deemed a release of the responsibility and liability of Professional, its employees,
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City of Port Arthur, Texas
Professional Services Agreement
associates, agents or subcontractors for the accuracy and competency of their designs, working
drawings, specifications or other documents and work; nor shall such acceptance be deemed an
assumption of responsibility by City for any defect in the Project Documents or other documents
and work prepared by Professional, its employees, associates, agents or sub-consultants.
10.14 Indemnification. PROFESSIONAL AGREES TO INDEMNIFY AND HOLD
HARMLESS CITY FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES,
CLAIMS,SUITS,COSTS(INCLUDING COURT COSTS,REASONABLE ATTORNEY'S
FEES AND COSTS OF INVESTIGATION)AND ACTIONS BY REASON OF INJURY TO
OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE
EXTENT CAUSED BY PROFESSIONAL'S NEGLIGENT PERFORMANCE OF
SERVICES UNDER THIS AGREEMENT OR BY REASON OF ANY ACT OR OMISSION
ON THE PART OF PROFESSIONAL, ITS OFFICERS, DIRECTORS, SERVANTS,
AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS
(EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS
OR DAMAGES ARISE FROM OR ARE ATTRIBUTED TO THE NEGLIGENCE OF
THE CITY). IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR
AGAINST CITY IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, THE
PROFESSIONAL, ON NOTICE FROM CITY, SHALL DEFEND SUCH ACTION OR
PROCEEDINGS AT PROFESSIONAL'S EXPENSE, BY OR THROUGH ATTORNEYS
REASONABLY SATISFACTORY TO CITY. PROFESSIONAL'S OBLIGATIONS
UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE
OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY
PROFESSIONAL UNDER THIS AGREEMENT. IF THIS AGREEMENT IS A
CONTRACT FOR ENGINEERING OR ARCHITECTURAL SERVICES, THEN THIS
SECTION IS LIMITED BY, AND TO BE READ AS BEING IN COMPLIANCE WITH,
THE INDEMNITY SPECIFIED IN § 271.904 OF THE TEXAS LOCAL GOVERNMENT
CODE, AS AMENDED. THIS SECTION SHALL SURVIVE TERMINATION OF THIS
AGREEMENT
10.15 Conflicts of Interests. Professional represents that no official or employee of City
has any direct or indirect pecuniary interest in this Agreement. Any misrepresentation by
Professional under this section shall be grounds for termination of this Agreement and shall be
grounds for recovery of any loss, cost, expense or damage incurred by City as a result of such
misrepresentation.
10.16 Default. If at any time during the term of this Agreement, Professional shall fail to
commence the services in accordance with the provisions of this Agreement or fail to diligently
provide services in an efficient, timely and careful manner and in strict accordance with the
provisions of this Agreement or fail to use an adequate number or quality of personnel to complete
the services or fail to perform any of Professional's obligations under this Agreement, then City
shall have the right, if Professional shall not cure any such default after thirty (30) days written
notice thereof, to terminate this Agreement. Any such act by City shall not be deemed a waiver
of any other right or remedy of City. If after exercising any such remedy due to Professional's
nonperformance under this Agreement, the cost to City to complete the services to be performed
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City of Port Arthur, Texas
Professional Services Agreement
under this Agreement is in excess of that part of the contract sum which as not theretofore been
paid to Professional hereunder, Professional shall be liable for and shall reimburse City for such
excess costs.
10.17 Confidential Information. Professional hereby acknowledges and agrees that its
representatives may have access to or otherwise receive information during the furtherance of
Professional's obligations in accordance with this Agreement, which is of a confidential, non-
public or proprietary nature. Professional shall treat any such information received in full
confidence and will not disclose or appropriate such Confidential Information for Professional's
own use or the use of any third party at any time during or subsequent to this Agreement. As used
herein, "Confidential Information" means all oral and written information concerning the City, its
affiliates and subsidiaries, and all oral and written information concerning City or its activities,
that is of a non-public,proprietary or confidential nature including,without limitation,information
pertaining to customer lists, services, methods, processes and operating procedures, together with
all analyses,compilations, studies or other documents,whether prepared by Professional or others,
which contain or otherwise reflect such information. The term "Confidential Information" shall
not include such information that is or becomes generally available to the public other than as a
result of disclosure to Professional, or is required to be disclosed by a governmental authority
under applicable law.
10.18 Remedies. No right or remedy granted or reserved to the Parties is exclusive of
any other right or remedy herein by law or equity provided or permitted; but each right or remedy
shall be cumulative of every other right or remedy given hereunder. No covenant or condition of
this Agreement may be waived without written consent of the Parties. Forbearance or indulgence
by either Party shall not constitute a waiver of any covenant or condition to be performed pursuant
to this Agreement.
10.19 No Third-Party Beneficiary. For purposes of this Agreement, including the
intended operation and effect of this Agreement, the Parties specifically agree and contract that:
(1) this Agreement only affects matters between the Parties to this Agreement, and is in no way
intended by the Parties to benefit or otherwise affect any third person or entity notwithstanding the
fact that such third person or entity may be in contractual relationship with City or Professional or
both;and(2)the terms of this Agreement are not intended to release,either by contract or operation
of law, any third person or entity from obligations owing by them to either City or Professional.
[The Remainder of this Page Intentionally Left Blank]
Page 9 of 11
City of Port Arthur, Texas
Professional Services Agreement
EXECUTED this day of , 2024.
CITY:
CITY OF PORT ARTHUR,TEXAS,
A Texas home-rule municipality,
By:
Ron Burton, City Manager
ATTEST:
Sherri Bellard,City Secretary
APPROVED AS TO FORM:
Val Tizeno, City Attorney
EXECUTED this day of , 2024.
PROFESSIONAL:
The Solco Group,LLC
By:
Print
Title
Page l0 of 11
City of Port Arthur, Texas
Professional Services Agreement
Exhibit A
Scope of Services/ Schedule
Page llof11
City of Port Arthur, Texas
Professional Services Agreement
THE SOLCO GROUP, LLC
TRANSPORTATION PLANNING,ENGINEERING,RESEARCH,AND CONSULTING
March 12, 2024
Mr. Ivan Mitchell
City of Port Arthur Transit Department
344 Procter Street
P.O. Box 1089
Port Arthur, TX 77640
Subject: Second Supplemental Fee Request for Continuation of Professional On-Call
Planning Services for the City of Port Arthur Transit Department-TSG Project Number:
2023-08-1227
Dear Mr. Mitchell (Ivan),
The Solco Group, LLC (TSG) appreciates the opportunity to continue to provide professional on-
call planning services for the City of Port Arthur Transit Department. The Solco Group (TSG) is
requesting consideration for a second supplemental agreement to provide continued professional
on-call planning services based on the number of hours already submitted over a four-month
period.
The Solco Group is committed to help the City of Port Arthur Transit Department realize it's vision
to provide efficient and sustainable transit services. TSG will continue to provide to the PAT the
following tasks:
• Project plans reviews and evaluations
• Product pricing and requests for quotes and proposals
• Sustainability Research
• Project Cost—Estimating/Funding
• Grant Opportunities Research and Grant Writing Assistance
• Public Outreach Support or Assistance
• Project Conceptual Drawings and Presentations
• Planning Data Collection and Analysis
• Meeting Facilitation and Client Coordination
• Other On-Call Transit Planning Services
The Solco Group, LLC will provide the aforementioned services accordance with the City of Port
Arthur codes and ordinances. The supplemental fee for this service is$37,825.00.
TSG team will continue to work closely with PAT Management and PAT staff on all phases of
projects from the initial coordination to project completion. We will provide professional on-call
planning services during all phases of projects. The contract's duration will be one-year
from the issuance of a notice to proceed.
THE SOLCO GROUP,LLC 549 4t Street,Suite 209A,Port Arthur; TX 77640
WWW.T heSolcoGrou p.corn
THE SOLCO GROUP, LLC
TRANSPORTATION PLANNING,ENGINEERING,RESEARCH,AND CONSULTING
The rates in this supplemental fee request for services rendered by TSG or TSG affiliates are
guaranteed until August 1, 2024. 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).
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. 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
The Solco Group, LLC
409-237-0200 - office
817-564-6895—cell
THE SOLCO GROUP,LLC 549 4th Street,Suite 209A,Port Arthur; TX 77640
WWW.TheSolcoGroup.corn
THE SOLCO GROUP, LLC
TRANSPORTATION PLANNING,ENGINEERING,RESEARCH,AND CONSULTING
Project
Principal/ Planner/
PAT On Call planning services- Project Grant Administrative
Supplement#2-TSG Project No Manager/ Researcher and Clerical
2023-08-1227 Researcher &Writer Assistance Total Hours
Project plans reviews and
evaluations 8 16 0 24
Product pricing and requests for
quotes 8 16 4 28
Sustainability Planning and
Recommendations 8 16 4 28
Project Cost—Estimating/Funding 16 8 0 24
Project Conceptual Drawings or
Layouts 16 8 4 28
Project Power Point Presentation
Development 8 16 4 28
Infrastructure Development and
Maintenance Planning 8 16 0 24
Grant Opportunities, Research,
and Application Assistance 8 16 4 28
Public Outreach Support or
Assistance 8 16 24
Meeting Facilitation, Invitation,
and Client Coordination 8 16 4 28
Planning Data Collection and
Analysis 8 16 0 24
Other On-Call Transit Planning
Research 8 16 4 28
Administrative Support 4 0 8 12
Sub Total hours 116 176 36 328
Direct salary costs $20,300.00 $14,960.00 $2,340.00 $37,600.00
Non-Salary Costs
Printing(reports) $150.00
Misc. Supplies(binders, flash
drives, etc.) $75.00
Total Direct costs $37,600.00
Total non-Salary costs $225.00
TOTAL FEE $37,825.00
THE SOLCO GROUP,LLC 549 4t Street,Suite 209A,Port Arthur, TX 77640
WWW.TheSol coGro u p.corn
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, Texas (PATX) (CLIENT) acknowledges 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 planning documents,
plans and reports 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,TX(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 TSG Project Manager will report and from whom the
TSG Planner shall receive instruction and authorization.
c. Right of access to all properties as required during the execution of the work.
d. Documentation and property description information work necessary for easement
or property boundaries description.
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 April
30, 2024, subject to change upon the CLIENT request or mutual agreement(s).
THE SOLCO GROUP,LLC 549 4t Strret,Suite 209A,Port Arthur, TX 77640
WWW.TheSolcoGrou p.corn
THE SOLCO GROUP, LLC
TRANSPORTATION PLANNING,ENGINEERING,RESEARCH,AND CONSULTING
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. 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,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 delinquent payment fees, penalty
fees, and/or interest charges.
a. 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 City Council prior to any authorization to proceed.
ii. This cost shall constitute complete compensation for all direct
iii. 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.
9. METHOD OF PAYMENT—The CLIENT is responsible for payment of services rendered
as stipulated in this agreement.All payments 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
THE SOLCO GROUP,LLC 549 4tStreet,Suite 209A,Port Arthur, TX 77640
WWW.T heSolcoGrou p.coast
THE SOLCO GROUP, LLC
TRANSPORTATION PLANNING,ENGINEERING,RESEARCH,AND CONSULTING
Solco Group, LLC to use the 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
Project Manager 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.
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
THE SOLCO GROUP,LLC 549 4th Street,Suite 209A,Port Arthur, TX 77640
WWW.TheSolcoGroup.corm
THE SOLCO GROUP, LLC
TRANSPORTATION PLANNING,ENGINEERING,RESEARCH,AND CONSULTING
SPECIAL CONDITIONS (if applicable):
Anticipated Start Date: March 30, 2024
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):
ACCEPTANCE-If this contract meets with the approval of the City of Port Arthur,please indicate
CLIENT acceptance by signing this proposal and returning one signed copy to The Solco Group,
LLC 549 4th Street Suite 209A Port Arthur, Texas 77640.
Agreed to this day of , 2024
By(Client):
(Client) Print Name:
(Client) Signature:
(Client) Title:
(Attest for Client):
Thank you for allowing TSG to serve you.
THE SOLCO GROUP,LLC 549 4t Street,Suite 209A,Port Arthur, TX 77640
WW[N.TheSolcoGroup.corm