Loading...
HomeMy WebLinkAboutPR 24239: 101 H.O. MILLS BLVD. PHASE II RECONSTRICTION DESIGN City of Port Arthur Transit Department Memorandum To: Ron Burton,City Manager From: Ivan Mitchell,Transit-Fleet Director '. Date: March 21,2025 Re: P.R 24239—101 H.O.Mills Boulevard Phase II Reconstruction Design Nature of Request: Authorize the City Manager to execute a contract with the Solco Group,LLC (TSG)for engineering and design services for the roadway reconstruction and drainage repairs at 101 H.O. Mills Boulevard. Background: The City of Port Arthur's H.O.Mills maintenance/operations complex serves several City departments including fleet,parks and recreation, solid waste,and police. The road network at the City's H.O.Mills Boulevard facility is utilized by employees daily as they transport and operate equipment and/or vehicles to and from the facility. In March 2023,TSG completed a cursory review of the City of Port Arthur's Maintenance Facility on H.O.Mills Boulevard. In subsequent conversations between TSG and City officials it was determined the road network has surpassed its useful life and needs substantial reconstruction. The entrance driveways and other roads show signs of pavement distress and/or failure and require partial and full depth reconstruction. The drainage system is also likely affected by the pavement failures.A detailed scope of the services to be performed by TSG is included in the council packet. This project is critical to maintaining the City's vehicle and equipment fleet in a state of good repair as it helps with its useful life preservation. The failing driveways and roads have the potential to cause significant damage to City assets. This will further ensure Port Arthur has safe,dependable and aesthetically pleasing vehicles and equipment to carry out services in the City. Proposed Resolution No. 24239 will authorize the City Manager to execute a contract with TSG,for engineering and design services for phase II roadway reconstruction and drainage repairs at 101 H.O. Mills Boulevard in the amount not to exceed$74,039.88. Recommendation: It is recommended that the City Council approve P.R. 24239 to execute a contract with the Solco Group,LLC(TSG)for engineering and design services for phase II roadway reconstruction and drainage repairs at 101 H.O.Mills Boulevard in the amount not to exceed $74,039.88. Budgetary/Fiscal Effect: Funding to pay for the design and engineering services is available in Account Funds available in 307-21-049-8512-00-10-000,PROJECT BU0010, STRING—CON. P.R. No. 24239 3/24/2025 IM RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE SOLCO GROUP, LLC OF PORT ARTHUR, TEXAS FOR ENGINEERING AND DESIGN SERVICES FOR THE CITY OF PORT ARTHUR'S PHASE II ROADWAY RECONSTRUCTION AND DRAINAGE REPAIRS AT 101 H.O. MILLS BOULEVARD IN THE AMOUNT OF $74,039.88; FUNDING IS AVAILABLE IN ACCOUNT NO. 307-21-049-8512-00-10-000, PROJECT BU0010, STRING—CON WHEREAS, the Solco Group, LLC (TSG), has completed a cursory review of the City of Port Arthur's Maintenance Facility on H.O. Mills Boulevard; and, WHEREAS, TSG brought to light several infrastructure items that had exceeded their useful life and require further review including the driveway at 101 H.O. Mills Boulevard; and, WHEREAS, the City Manager and PAT recommend City Council approve P.R. 24239 to execute a contract with TSG for engineering and design services for the phase II roadway reconstruction and drainage repairs at 101 H.O. Mills Boulevard in the amount not to exceed $74,039.88, a copy of the 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 execute a contract with the Solco Group, LLC of Port Arthur, Texas for engineering and design services for phase II roadway reconstruction and drainage repairs at 101 H.O. Mills Boulevard in the amount not to exceed $74,039.88, 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 2025 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. 24239 3/24/2025 IM ATTEST: Sherri Bellard, City Secretary APPROVED AS T . Roxann Pais Cotroneo, City Attorney APPROVED FOR ADMINISTRATION: APPROVED AS TO AVAILABILITY OF FUNDS: Oki" IVjj hAta v Ronald Burton l Lynda Boswell City Man.11,,,/M D. ector of Finance Nt;L Lvithe,c Clifton Williams, CPPB Ivan itchell Purchasing Manger Transit-Fleet Director P.R. No. 24239 3/24/20251 M Exhibit "A" THE SOLCO GROUP, LLC TRANSPORTATION PLANNING, ENGINEERING,RESEARCH,AND CONSULTING March 24, 2025 Mr. Ivan Mitchell City of Port Arthur Transit Department 344 Procter Street P.O. Box 1089 Port Arthur,TX 77640 Subject: Proposal to provide Engineering Design Services—HO Mills Maintenance Operations Facility Concrete Driveway Rehabilitation (Phase 2 and 3) -TSG Project Number: 2025-03-1268 Dear Mr. Mitchell, The Solco Group, LLC (TSG) is pleased to submit this proposal for professional design services to the City of Port Arthur Transit Department for the rehabilitation of the east access driveway at Houston Avenue (Phase II) and the western access driveway at HO Mills Boulevard — Gate Two (Phase III). The project entails the construction of new 10-inch concrete pavement sections, curb repairs, storm drain inlet repairs, and the installation of an additional storm drain inlet where necessary. Project Scope Includes but may not be limited to: • Design of a new 10-inch-thick concrete driveway system totaling approximately 32,200 square feet. • Driveway widths approximately 24 feet wide (width varies along the path). • The project path extending from the Houston Avenue gate through the facility, connecting to the first left-turn driveway, and continuing down to the HO Mills gate#2. • Concrete curb repairs as necessary. • Repair of one existing storm drain inlet and installation of a new storm drain inlet for improved drainage. Design Services TSG will provide the following design services to ensure compliance with applicable local and state regulations: 1. Site Analysis and Data Collection — Review existing conditions, conduct field investigations, and collect relevant site data. 2. Preliminary Engineering Design —Develop preliminary layouts and engineering specifications for approval. 3. Final Engineering Design — Prepare construction drawings, specifications, and necessary calculations. •TSG,LLC 549 4th St.,Suite 209A,Port Arthur,Texas 77640 •Office:409-237-02000 THE SOLCO GROUP, LLC TRANSPORTATION PLANNING, ENGINEERING, RESEARCH,AND CONSULTING 4. Drainage Analysis—Evaluate current drainage capabilities and recommend design improvements. 5. Cost Estimation —Provide an estimated budget for the construction phase based on the approved design. 6. Project Coordination — Work closely with the City of Port Arthur Transit Department to ensure alignment with project objectives and stakeholder requirements. The estimated fee for the design services as outlined is $74,039.88, as detailed in the attached fee table. The deliverables will include a complete set of engineering design drawings,project specifications and construction details,and a cost estimation and phasing plan. Schedule Upon receipt of a Notice to Proceed (NTP), TSG will adhere to the following schedule: • Week 1-2: Data Collection and Site Investigation • Week 3-4: Preliminary Design Submittal • Week 5-6: Final Design and Cost Estimation • Week 7: Submission of Completed Design Package Please feel free to contact us if you have any questions or require further details regarding this proposal. We are available to discuss this in person or via phone at your convenience. Thank you for considering The Solco Group, LLC for this important work. We look forward to a productive collaboration. Sincerely, \72A/ Z;D Kelvin L. Solco,PE,MBA Principal Project Engineer The Solco Group, LLC •TSG,LLC 549 4`h'St.,Suite 209A,Port Arthur,Texas 77640 •Office:409-237-0200• THE SOLCO GROUP, LLC TRANSPORTATION PLANNING,ENGINEERING, RESEARCH,AND CONSULTING Engineering Design Services—HO Mills Concrete Driveway Project Fees Sub Rehabilitation(Phase 2 and 3)-TSG Project Number:2025-03-1268 Totals HO Mills Driveways Phase 2 and 3-50%Design Documents $ 14,021.95 Plans and Specifications -Issue for Bid Package $ 9,511.65 Reproduction Expenses $ 400.00 Subconsultant-Surveying Services $ _4,830.00 Subconsultant-Civil Engineering Services $ 33,172.67 Subconsultant-Environmental Services $ 12,103.61 SUBTOTAL $ 74,039.88 Notes: 1. (*)Recommended minimum contract amount. 2. Additional fees for TSG affiliates may be added(if necessary)at rates to be determined. 3. Payment term will be Net(30)Thirty from the date of the invoice. •TSG,LLC 549 4th St.,Suite 209A,Port Arthur,Texas 77640 •Office: 409-237-02000 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 collaborate 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 agrees 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 issuance of the notice-to-proceed. •TSG,LLC 549 4th St.,Suite 209A,Port Arthur,Texas 77640 •Office: 409-237-02000 THE SOLCO GROUP, LLC TRANSPORTATION PLANNING,ENGINEERING, RESEARCH,AND CONSULTING a. The estimated project duration for services will be completed in two (2) months, subject to change upon the CLIENT request or mutual agreement(s). 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 the work and services described in the Scope of Services. The CLIENT also agrees with 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 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, •TSG,LLC 549 4th St.,Suite 209A,Port Arthur,Texas 77640 •Office: 409-237-02000 THE SOLCO GROUP, LLC TRANSPORTATION PLANNING,ENGINEERING, RESEARCH,AND CONSULTING 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 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 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 fmancial 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 549 4th St.,Suite 209A,Port Arthur,Texas 77640 •Office: 409-237-0200e 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 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 SPECIAL CONDITIONS: Anticipated Start Date: Upon issuance of the notice-to-proceed. 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 549 4"'St.,Suite 209A,Port Arthur,Texas 77640 •Office: 409-237-02000 THE SOL CG GROUP, LLC TRANSPORTATION PLANNING,ENGINEERING,RESEARCH,AND CONSULTING 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 , 2025. By (Client): (Client)Print Name: (Client) Signature: (Client)Title: (Attest for Client): Thank you for allowing TSG to serve you. •TSG,LLC 549 4th St.,Suite 209A,Port Arthur,Texas 77640 •Office:409-237-02000 STATE OF TEXAS § CITY OF PORT ARTHUR,TEXAS § AGREEMENT FOR PROFESSIONAL SERVICES COUNTY OF JEFFERSON § 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. 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 ExhibitA 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. Page 2 of 11 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 ExhibitA and in accordance with the Rate Schedule in an amount not to exceed $74,039.88 for said services. 5.2 Each month Professional shall submit to 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 writing the nature and scope of the services and accept the method and amount of compensation and the time involved in all phases of the Project. Page 3 of 11 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. Page 6 of 11 City of Port Arthur, Texas Professional Services Agreement IF 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: Roxann Pais Cotroneo, 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, Page 7 of 11 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 Page 8 of 11 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 , 2025. 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: Roxann Pais Cotroneo, City Attorney EXECUTED this day of , 2025. PROFESSIONAL: The Solco Group,LLC By: Print Title Page 10 of 11 City of Port Arthur, Texas Professional Services Agreement Exhibit A Scope of Services/ Schedule I Page 11 of 11 City of Port Arthur, Texas Professional Services Agreement