Loading...
HomeMy WebLinkAboutPR 24316: ENGINEERING FOR TRANSIT AND EQUIPMENT PLANNING SERVICE PROJECTS City of Port Arthur Transit Department Memorandum To: Ron Burton,City Manager From: Ivan Mitchell,Transit-Fleet Director cik. Date: June 5,2025 Re: P.R.24316—ENGINEERING FOR TRANSIT AND EQUIPMENT PLANNING SERVICE PROJECTS Nature of Request: Authorize the City Manager to execute a contract with the Solco Group, LLC (TSG)for on-call planning,grants research,engineering,and program management services for the City of Port Arthur's Transit and Fleet departments. Background:Transit and Fleet have a need for professional planning assistance,including RFP review and development, bid request and evaluation assistance, grant writing, and technical support. As a result,the Port Arthur Purchasing Division issued a request for proposals (RFP) for qualified firms to provide professional planning services. One (1) qualification package was received by the City, and upon evaluation by the committee,the Solco Group is recommended. Upon execution of the above-mentioned contract,the Solco Group shall work on,but not be limited to,the various tasks listed below: 1. Strategic Planning and Policy Development 2. Grant Writing and Funding Assistance 3. Community Engagement and Public Outreach 4. Project Management and Coordination 5. Regulatory Compliance and Documentation to ensure compliance with federal, state, and local transit regulations(e.g.,FTA,ADA,Title VI). o Prepare necessary documentation for audits and reviews. 6. Data Collection and Analysis 7. Capital Planning and Asset Management 8. Environmental and Sustainability Planning 9. Financial Planning and Cost Analysis 10. Interagency Coordination The contract's 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. 24316 for professional planning services with TSG,for a contract in the amount not to exceed$104,606.25. Budgetary/Fiscal Effect: Funding to cover the professional services is available in Transit Account 401-70-500-5470-00-60-000 in the amount of$78,454.69 and in Fleet Account 001-13-037-5420-00- 70-000 in the amount of$26,151.56. P.R. No. 24316 7/7/25 TNR/IM RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE SOLCO GROUP, LLC FOR ENGINEERING FOR TRANSIT AND EQUIPMENT PLANNING SERVICE PROJECTS, IN AN AMOUNT NOT TO EXCEED $104,606.25; FUNDING IS AVAILABLE IN TRANSIT OTHER CONTRACTUAL SERVICES ACCOUNT 401-70- 500-5470-00-60-000 IN AN AMOUNT OF $78,454.69 AND FLEETS PROFESSIONAL SERVICES ACCOUNT 001-13-037-5420-00-70-000 IN AN AMOUNT OF $26,151.56 WHEREAS, the City of Port Arthur has identified a need within its Transit and Fleet Departments for on-call planning,grants research,engineering,and program management services to support the effective delivery of departmental initiatives and ensure operational efficiency; and WHEREAS, in accordance with applicable procurement laws and procedures, the City's Purchasing Division issued a Request for Proposals (RFP) for Engineering For Transit And Equipment Planning Service Projects, which was duly advertised in the Port Arthur News on March 19, 2025, and March 26, 2025, as reflected in Exhibit"A," attached hereto; and WHEREAS, in response to the RFP, one (1) qualification package was submitted to the City and, following a comprehensive evaluation by the selection committee, The Solco Group, LLC,a qualified firm located in Port Arthur, Texas,was determined to be the most responsive and responsible proposer; and WHEREAS, pursuant to Resolution No. 25-243, the City Council authorized the City Manager to enter into negotiations with The Solco Group, LLC, for a professional services agreement to perform the requested scope of work; and WHEREAS, the Port Arthur Transit Department recommends awarding the contract to The Solco Group,LLC,as detailed in the final negotiated professional services agreement attached hereto as Exhibit"B"; and WHEREAS the term of the agreement shall be for one (1)year from the date of issuance of the notice to proceed, with services to be performed on an on-call, as-needed basis; and WHEREAS,the total contract amount shall not exceed the amount$104,606.25. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR,TEXAS: Section 1. That the facts and opinions in the preamble are true and correct. P.R. No.24316 6/5/2025 I M/TN R Section 2. That the City Manager is hereby authorized to execute a professional services agreement with The Solco Group, LLC, of Port Arthur, Texas, for engineering for transits and equipment planning services project in an amount not to exceed $104,606.25, in substantially the same form as attached hereto as Exhibit"B,". Section 3. 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 July, 2025 at a Regular meeting of the City of Port Arthur, Texas by the following vote: AYES: Mayor: Councilmembers: NOES: Charlotte M. Moses,Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO ORM: Roxann Pais Cotroneo, City Attorney APPRO . 1 FOR ADMINISTRATION: APPROVED AS TO AVAILABILITY OF FUNDS: j14t,tee, Ronald Burt'IP, PM Lyriia Boswell City Mae.ger Director of Finance (446.1: gay, 444j, Clifton Williams, CPPB Ivan Mite 1 Purchasing Manger Transit-Fleet Director P.R. No. 24316 6/5/2025 IM/TNR Exhibit "A" CITY OF PORT ARTHUR Request for Qualifications Engineer for Transit & Equipment Planning Services Projects March 19, 2025 March 26, 2025 PUBLIC NOTICE CITY OF PORT ARTHUR.TEXAS REQUEST FOR QUALIFICATIONS :BY GIVEN THAT sealed Qualifications, addressed to the City of Port Arthur,will Office of the City Secretary,City Hall 444-4th Street or P.O.Box 1089, Port 641 no later than 3:00 P.M.,Wednesday,April 9, 2025 and all bids received will ned and read aloud on Wednesday,April 9,2025 at 3:15 P.M.in the City Council oor,City Hall, Port Arthur,Texas for certain services briefly described as: REQUEST FOR QUALIFICATIONS EER FOR TRANSIT&EQUIPMENT PLANNING SERVICES PROJECTS eived after closing time will be returned unopened. *ecifications and other Contract Documents are on file in the Purchasing Office, ity of Port Arthur,and are open for public inspection without charge.They can also the City's website at www.portarthurtx.govibids.aspx or www.oublicpurchase.com_ t Arthur reserves the right to reject any and all qualifications and to waive rticle VI Sec. 2-262(C)of the City's Code of Ordinance. the City Council shall not to a company that is in arrears in its obligations to the City. Lx PUBLIC NOTICE Clifton Williams CITY OF PORT ARTHUR,TEXAS Purchasing Manager REQUEST FOR QUALIFICATIONS NOTICE IS HEREBY GIVEN THAT sealed Qualifications,addressed to the City of Port Arthur,will be received at the Office of the City Secretary,City Hall 444-4th Street or P.O.Box 1089, Port Arthur,Texas 77641 no later than 3:00 P.M.,Wednesday,April 9,2025 and all bids received will thereafter be opened and read aloud on Wednesday,April 9,2025 at 3:15 P.M.in the City Council, Chambers. 5th Floor,City Hall.Port Arthur,Texas for certain services briefly described as: REQUEST FOR QUALIFICATIONS ENGINEER FOR TRANSIT&EQUIPMENT PLANNING SERVICES PROJECTS Qualifications received after closing time will be returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office, 444-4th Street,City of Port Arthur,and are open for public inspection without charge.They can alsoP be retrieved from the City's website at www.portarthurtx.govlbids.aspx or www.publicpurchase.com. The City of Port Arthur reserves the right to reject any and all qualifications and to waive, informalities. Per Chapter 2 Article VI Sec. 2-262(C)of the City's Code of Ordinance,the City Council shall not award a contract to a company that is in arrears in its obligations to the City. Chft,n''itiiaii= Purchasing Mansur P.R. No. 24316 6/5/2025 IM/TNR Exhibit "B" 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 Solco Group, LLC, individually, each a "Party" and collectively, "Parties", 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 for engineering, planning, research, grant and program management service for City of Port Arthur's Transit and Fleet department. 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 for one year. 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. Article V Page 2 of 11 City of Port Arthur, Texas Professional Services Agreement 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 in an amount not to exceed$ $104,606.25 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. 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. Page 3 of 11 City of Port Arthur, Texas Professional Services Agreement 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 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 Page 4 of 11 City of Port Arthur, Texas Professional Services Agreement $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. 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 Page 5 of 11 City of Port Arthur, Texas Professional Services Agreement 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. 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. Page 6 of 11 City of Port Arthur, Texas Professional Services 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 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, 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. Page 7 of 11 City of Port Arthur, Texas Professional Services Agreement 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 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. Page 8 of 11 City of Port Arthur, Texas Professional Services Agreement 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 l0 of 11 City of Port Arthur, Texas Professional Services Agreement Exhibit A Scope of Services/Schedule Page 11 of 11 City of Port Arthur, Texas Professional Services Agreement THE SOLCO GROUP, LLC TRANSPORTATION PLANNING,ENGINEERING,RESEARCH,AND CONSULTING May 6, 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 On-Call Engineering and Planning, Grants Research, and Program Management Services for the City of Port Arthur Transit Department - TSG Proposal Number: 2024-11-1257 Dear Mr. Mitchell (Ivan), Introduction and Overview The Solco Group LLC (TSG) is pleased to submit this proposal for a twelve (12) month contract to provide the City of Port Arthur Transit Department with comprehensive on-call engineering and planning consulting and support services. Our experienced team of planners and engineers will offer technical expertise, ensure high-quality deliverables, and deliver support that aligns with your strategic goals for growth, sustainability, and modernization. Below, we have outlined key tasks and associated sub-tasks for the proposed project. Our services will include an extension of staff for project continuity and specialized attention. Scope of Services 1. On-Call Planning Services • Address immediate and long-term city development needs. • Provide strategic guidance and project management for transit projects. • Sub-Tasks: o Perform site analysis and land-use assessments. o Develop feasibility studies for proposed projects. o Coordinate with city officials to align plans with local ordinances. 2. On-Call Engineering Services • Develop engineering sidewalk designs that accommodate all users including ADA accessibility. • Provide engineering services to gather and analyze TxDOT and other applicable data on pedestrian volumes, behaviors, and city services usage to support planning decisions. • Sub-Tasks: o Review geotechnical reports on the ground conditions within the city to determine the best options for design and construction of pedestrian pathways and transit facilities. •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 o Scope surveying services and coordinate and schedule surveyors to produce planning drawings. 3. Transit Equipment and Service Provider Quotes • Conduct a thorough market review and vendor analysis. • Gather quotes for transit-related equipment and service providers. • Sub-Tasks: o Assess equipment specifications and vendor qualifications. o Facilitate comparative analysis for cost and quality evaluation. 4. Grant Research,Technical Writing, and Data Collection Services • Identify relevant funding opportunities at federal, state, and local levels. • Write grant proposals and assist with application submission. • Sub-Tasks: o Research government and private funding sources. o Develop tailored proposals with clear objectives and justifications. 5. On-Call Second-Level Quality Control / Quality Assurance of Engineering Drawings and Specifications • Conduct secondary reviews of engineering drawings and specifications. • Ensure accuracy, compliance with standards, and quality consistency. • Sub-Tasks: o Review technical drawings for structural integrity. o Confirm adherence to safety and regulatory standards. 6. On-Call Engineering Cost Estimating and Independent Fee Analysis • Provide engineering cost estimates and validate external vendor pricing. • Conduct independent fee analysis for budget planning and forecasting. • Sub-Tasks: o Compare cost estimates with market standards. o Offer budget recommendations based on comprehensive cost evaluations. 7. Continuous Research of State-of-the-Art Innovation and Sustainable Solutions • Investigate innovative technologies for city development. • Explore sustainable solutions for transit and urban infrastructure. • Sub-Tasks: o Research emerging sustainable transit options. o Provide recommendations on eco-friendly city development practices. 8. On-Call Development Services Assistance • Offer engineering guidance on regulatory compliance and permits. • Support development projects with engineering, planning, and administrative expertise. • Sub-Tasks: o Assist with application submissions and follow-ups. o Facilitate meetings with stakeholders to align objectives. 9. Support for Unsolicited Inquiries, Proposals, Correspondence,and Responses • Respond to inquiries from federal agencies and private entities. • Develop strategic responses and recommendations. • Sub-Tasks: •TSG,LLC 549 4'St.,Suite 209A,Port Arthur,Texas 77640 •Office:409-237-0200• THE SOLCO GROUP, LLC TRANSPORTATION PLANNING,ENGINEERING,RESEARCH,AND CONSULTING o Review proposals and evaluate alignment with city needs. o Prepare correspondence in response to external inquiries. The Solco Group, LLC will provide the services in accordance with the City of Port Arthur codes and ordinances. The recommended budgeted fee for this service is $104,606.25. 2.0 Performance of Work The TSG team will collaborate closely with designated PATX staff members on all phases of this project from initial coordination to project completion. We will provide on-call planning services during all phases of this project. The project duration is estimated to be twelve (12) months. The rates in this proposal for services rendered by TSG or TSG affiliates are guaranteed for one year. It is also understood that services rendered by TSG can be accomplished with typical offices supplies and basic mobile technologies such as laptop computers and cell phones. All other necessary equipment and technology needed will be provided by your organization (if applicable). TSG and its subconsultants will perform 100% of the work under this proposal for this specific project. Occasionally, we may consult with other affiliates if necessary to provide the necessary services for this specific project. TSG will provide services to PATX via telephone or in person in PATX 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 Enclosures: Contract Pricing Schedules The Solco Group, LLC Consulting Agreement •TSG,LLC 549 4th St.,Suite 209A,Port Arthur,Texas 77640 •Office:409-237-0200• THE SOLCO GROUP, LLC TRANSPORTATION PLANNING,ENGINEERING,RESEARCH,AND CONSULTING Contract Pricing Schedule On-Call Planning Total Services for PATX Principal Project Administrative/ Project No. 2024- Manager Project Planner Clerical Estimated 11-1257 TASKS Cost On-Call Planning Services (City Departmental 24 144 4 research, literature reviews, & briefings) Sidewalk designs, Geotechnical Report reviews, 24 8 2 and Surveying Coordination Transit Equipment & Service Quotes 8 16 0 (hours) Grant Research & 8 36 4 Writing (hours) QC/QA Technical 8 0 4 Reviews (hours) Cost Estimating& Fee Analysis 8 24 2 (hours) Research on 8 24 2 Innovation (hours) Development Services 4 24 2 Assistance (hours) Federal and Private Inquiries 8 4 0 (hours) Administrative 15.25 Support Total Estimated 100 280 35.25 Fee (hours) Subtotals $19,500.00 $26,600.00 $2,291.25 $48,391.25 •TSG,LLC 549 4"'St., Suite 209A,Port Arthur,Texas 77640 •Office:409-237-0200• THE SOLCO GROUP, LLC TRANSPORTATION PLANNING,ENGINEERING,RESEARCH,AND CONSULTING Keep Texas Recycling-KTB- Principal /Project Technical/ HEB TSG 2024- MGR Project Planner Clerical Total Hours 11-1257B - TASKS KTB Recycling 2 2 1 Literature Reviews Prepare KTB administrative 4 8 1 budgets Prepare KTB RFPs 2 16 2 KTB Design 8 16 1 Services KTB Bidding 4 16 1 Services Develop PATX KTB Recycling public education 8 16 1 and outreach program KTB Recycling revisions of existing programs 4 8 0 to meet new/changing needs KTB Recycling Power Point 16 16 4 Presentations (once per quarter) Monthly briefings to KTB Program 12 12 0 Director KTB Recycling Project Close Out 4 2 2 in 2025 KTB Recycling Administrative 0 0 12 Support Total Estimated 64 112 25 Fee (hours) Subtotals $12,480.00 $10,640.00 $1,625.00 $24,745.00 •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 Safe Streets Grant SS4 FY2023— Transportation Total Principal Project Administrative/ Safety Action Plan Manager Project Planner Clerical Estimated Grant to become Cost TSG 2024-11- 1257C -TASKS Safe Streets Grant SS4 FY2023 Literature Review 4 8 0 - grant awarded to City of PATX 2023 Develop SS4 FY2023 Recommended 4 4 0 Timeline for the project Initiate SS4 FY2023 commitment and resolution for matching funds 2 8 0 from the City, including Council approval and resolution Review SS4 FY2023 Budget to verify matching 4 4 0 funds and federal grant assurance compliance Develop scope and draft for the SS4 4 8 2 FY2023 RFQ process SS4 FY2023 Administrative 2 Support Total Estimated 18 32 4 Fee (hours) Subtotals $3,510.00 $3,040.00 $260.00 $ 6,810.00 •TSG,LLC 549 4th St.,Suite 209A,Port Arthur,Texas 77640 •Office:409-237-02004 THE SOLCO GROUP, LLC TRANSPORTATION PLANNING,ENGINEERING,RESEARCH,AND CONSULTING Grant Compliance Total and Drawdowns Program Admin 2024-11-1257D— Project Principal Manager Specialist Estimated TASKS Cost Grant Compliance & Drawdowns 8 30 2 Literature Reviews Grant Compliance & Drawdowns 8 35 2 Financial Reporting Grant Compliance & Drawdowns Budget 8 25 1 Management Support Grant Compliance & Drawdowns 8 25 1 Data Management and Analysis Grant Compliance & Drawdowns 4 20 1 Communication and Coordination Grant Compliance & Drawdowns 8 24 2 Audit Support Grant Compliance & Drawdowns Administrative 6 Support Total Estimated 44 159 15 Fee (hours) Subtotals $8,580.00 $5,105.00 $975.00 $24,660.00 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:409-237-0200• 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:409-237-0200• THE SOLCO GROUP, LLC TRANSPORTATION PLANNING,ENGINEERING,RESEARCH,AND CONSULTING a. The estimated project duration for services will be completed in twelve(12) 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:409-237-0200• THE SOLCO GROUP, LLC TRANSPORTATION PLANNING,ENGINEERING,RESEARCH,AND CONSULTING for services under this Scope of Work will be made monthly based on 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 financial assistance. 14. LIMITATION OF LIABILITY - Except for TSG's confidentiality and indemnity obligations, respectively, and except for actions or claims arising from gross negligence or intentional or willful misconduct, TSG's total liability to the City of Port Arthur shall not exceed the greater of(1)the total TSG compensation value or (2)the amount of recoverable insurance, regardless of whether any action or claim is based upon contract, warranty, tort(including negligence) or strict liability. •TSG,LLC 549 4`'St.,Suite 209A,Port Arthur,Texas 77640 •Office:409-237-02000 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 4th St.,Suite 209A,Port Arthur,Texas 77640 • Office: 409-237-02000 THE SOLCO 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 4''St.,Suite 209A,Port Arthur,Texas 77640 • Office:409-237-02000 LETTER OF INTEREST RFP—Engineer for Transit&Equipment Planning Services Projects Deadline: April 9, 2025 The undersigned firm submits the following information (this RFP submittal) in response to the Request for Proposals (as amended by any Addenda), issued by the City of Port Arthur, TX (City) for Civil Engineers for the City of Port Arthur Enclosed, and by this reference incorporated herein and made a part of this RFP, are the following: ❖ COMPLETED RFP LETTER OF INTEREST FORM •S BUY AMERICA CERTIFICATION ❖ CERTIFICATION REGARDING LOBBYING ❖ NON-COLLUSION AFFIDAVIT (MUST BE NOTARIZED) ❖ AFFIDAVIT (MUST BE NOTARIZED) ❖ CONFLICT OF INTEREST ❖ HOUSE BILL 89 VERIFICATION ❖ SB 252CHAPTER 2252 CERTIFICATION ❖ DBE DOCUMENT Firm understands that the City is not bound to select any firm for the final pre-qualified list and may reject any responses submitted. Firm also understands that all costs and expenses incurred by it in preparing this RFP and participating in this process will be borne solely by the firm, and that the required materials to be submitted will become the property of the City and will not be returned. Firm agrees that the City will not be responsible for any errors, omissions, inaccuracies, or incomplete statements in this RFP. Firm accepts all terms of the RFP submittal process by signing this letter of interest and making the RFP submittal. This RFP shall be governed by and construed in all respects according to the laws of the State of Texas. The Solco Group LLC March 26, 2025 Firm Name Date \Zi President/CEO Authorized Signature Title Kelvin L. Solco 409-237-0200 Name(please print) Telephone 549 4th Street, Suite 209A Port Arthur, Texas 77640 Address City/State/Zip kelvin©thesolcogroup.com Email Page 8 of 31 CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding$100,000) The undersigned[Contractor]certifies, to the best of his or her knowledge and belief that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions[as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq .)] 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Contractor, The Solco Group LLC certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. \7< 1 -- cam Signature of Contractor's Authorized Official Kelvin L. Solco, President/CEO Name and Title of Contractor's Authorized Official April 4, 2025 Date Page 10 of 31 BUY AMERICA CERTIFICATION Buy America - The contractor agrees to comply with 49 U.S.C. 53230) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, and microcomputer equipment and software. Separate requirements for rolling stock are set out at 49 U.S.C. 53230)(2)(C) and 49 C.F.R. 661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic content. A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification (below) with all bids or offers on FTA funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors. Certification requirement for procurement of steel, iron, or manufactured products. Certificate of Compliance with 49 U.S.C. 53230)(1) The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 53230)(1) and the applicable regulations in 49 CFR Part 661.5. Date April 4, 2025 Signature .e.,124:6ZLD Company Name The Solco Group LLC Title President/CEO Certificate of Non-Compliance with 49 U.S.C. 53230)(1) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 53230)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49 U.S.C. 53230)(2)(A), 53230)(2)(B), or 53230)(2)(D), and 49 C.F.R. 661.7. Date Signature Company Name Title Page 9 of 31 NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS § By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: if, / /4, Printed Name: Kelvin L. Solco Title: President/CEO Company: The Solco Group LLC jo Date: 4 /4 /2-S eft l c_P �(,P I . SUBSCRIBED and sworn to before me the undersigned authority by Ste ,q� of, 111 on behalf of said bidder. Not 7;‘--ZZ ' Public in and for the Marlssa R. Flores i State of Texas x,�*RV.pUB o �.NOTAAYPUBIC TATEOFTENA9 / ' • ems COM.EXPIRES0313012026 i Mycommission expires: 43/SO/ 2 c) 2 C' "4.,R ;:� NOTARY ID 613367587.9 p Page 11 of 31 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. The Solco Group LLC April 4, 2025 Firm Name Date c.9 t President/CEO Authorized Signature Title Kelvin L. Solco 409-237-0200 Name(please print) Telephone kelvin@thesolcogroup.com Email STATE: / ca COUNTY: }G. /Sot'7 SUBSCRIBED AND SWORN to before me by the above named t 2 rlvi vi SO(CC on this the rat r4-4,1 day of 4-,,( , 20 2 S . Marissa R. Flores f•P n=AOTARY PUBLIC;STATE Of MIAS Notary ublic ' CON.EXPIRES 0313012026 ROTARY IDS 13367587.9 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 12 of 31 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. Name of vendor who has a business relationship with local governmental entity. The Solco Group LLC Jn I I Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated f ' completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) N/A 31 Name of local government officer about whom the information is being disclosed. N/A Name of Officer J Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. N/A A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes n No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? nYes n No Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. N/A (— I Check this box if the vendor has given the local government officer or afamily member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). N/A March 26, 2025 Signa ure of ndor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics state.tx.us Revised 11/30/2015 House Bill 89 Verification will be presented at or before the City Council meeting on July 29, 2025 House Bill 89 Verification I Kelvin L. Solco (Person name), the undersigned representative (hereafter referred to as "Representative") of The Solco Group LLC (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. SIGNATU OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this day of , 20 . Notary Public Page 16 of 31 SB 252 CHAPTER 2252 CERTIFICATION I, Kelvin L. Solco , the undersigned an representative of The Solco Group LLC (Company or Business Name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above- named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Port Arthur Purchasing Department. Kelvin L. Solco Name of Company Representative (Print) \7/44ZU) Signature of Company Representative March 26, 2025 Date Page 15 of 31 THURMAN BILL BARTIE,MAYOR RONALD BURTON,CPM DONEANE BECKCOM, CITY MANAGER MAYOR PRO TEM City of ," SHERRI BELLARD,TRMC COUNCIL MEMBERS: +J CITY SECRETARY WILLIE BAE LEWIS,JR. �^2 TIFFANY L.HAMILTON EVERFIELD o r t r t It u r ROXANN PAIS COTRONEO HAROLD L.DOUCET,SR. CITY ATTORNEY THOMAS KINLAW,III Texas DONALD FRANK,SR. DBE DOCUMENT ENGINEER FOR TRANSIT & EQUIPMENT PLANNING SERVICES PROJECTS By signing this document the contractor is acknowledging that if a subcontractor is required the following will be done to make a good faith effort to hire a minority business goal of 4% (DBE). 1. Solicitation Lists. Must place small and minority businesses and women's business enterprises on solicitation lists. 2 C.F.R. § 200.321(b)(1). 2. Solicitations. Must assure that it solicits small and minority businesses and women's business enterprises whenever they are potential sources. 2 C.F.R. § 200.321(b)(2). 3. Dividing Requirements. Must divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women's business enterprises. 2 C.F.R. § 200.321(b)(3). 4. Delivery Schedules. Must establish delivery schedules, where the requirement permits, which encourage participation by small and minority businesses and women's business enterprises. 2 C.F.R. § 200.321(b)(4). 5. Obtaining Assistance. Must use the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 2 C.F.R. § 200.321(b)(5). Kelvin L. Solco (printed name of signatory) 04-04-2025 (signature and date) Page 17 of 31