HomeMy WebLinkAboutPR 24437: ARC FLASH AND PHASE EVALUATION AT THE WATER PURIFICATION PLANT 'Uhryf
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INTEROFFICE MEMORANDUM
Date: July 15, 2025
To: The Honorable Mayor and City Council
Through: Ronald Burton, City Manager
From: Calvin Matthews, P.E., Water Utilities Director
RE: PR 24437—Arc Flash and Phase Evaluation at the Water Purification Plant
Introduction:
The intent of this Agenda Item is to seek City Council's approval for the City Manager to enter
into a contract with Peak Engineering of Port Neches, Texas, for electrical evaluation of the
Water Purification Plant, located on 1101 H.O. Mills Boulevard.
Background:
The Water Purification Plant was built in 1999 and expanded in 2013. The Arc Flash evaluation
is a safety requirement for accessing the high voltage breakers and wires that must be identified
and tested for the phase evaluation to be performed. There have been two transfer switch failures
in which Peak Engineering, Inc. was called out to repair both instances. As such,we are needing
to identify and correct electrical issues in the main distribution system. The Water Purification
Department wishes to have a complete electrical evaluation of the plant performed due to the
high risks involved in losing electrical power to the Water Purification Plant.
In compliance with the Texas Professional Services Procurement Act (Government Code
Chapter 2254), for professional engineering services the City is required to select the most
qualified firm and then negotiate a fair and reasonable contract. Peak Engineering, Inc. is the
most qualified for the task, as they are the most familiar with the issues at the plant given their
previous emergency repairs there. Peak Engineering, Inc. provided a quote of$27,300.00 to
evaluate the Water Purification Plant. This Contract will provide an evaluation report, phase
evaluations and a list of recommendations for preventive maintenance coverages, if applicable.
"Remember, we are here to serve the Citizens of Port Arthur"
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City of
Ort rtltn
Budget Impact:
Peak Engineering, Inc. provided a quote of$27,300.00 to evaluate the Water Purification Plant.
Funding is available in Account No. 410-40-210-5420-00-00-000, Professional Services.
Recommendation:
In compliance with Government Code Chapter 2254, It is recommended that City Council
approve the City Manager to enter into a contract with Peak Engineering,Inc.as discussed and/or
outlined above.
"Remember,we are here to serve the Citizens of Port Arthur"
PR No. 24437
07/14/2025 cs
Page 1 of 3
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO ENTER INTO A CONTRACT WITH PEAK
ENGINEERING OF PORT NECHES, TEXAS FOR
PROFESSIONAL ENGINEERING SERVICES
ASSOCIATED WITH THE ELECTRICAL EVALUATION
OF THE WATER PURIFICATION PLANT WITH A
PROJECTED BUDGETARY IMPACT OF$27,300.00.FUNDS
ARE AVAILABLE IN WATER PURIFICATION
DEPARTMENT ACCOUNT NO. 410-40-210-5420-00-00-000,
PROFESSIONAL SERVICES.
WHEREAS, the Water Purification Plant has to identify and correct electrical issues in
the main distribution system; and,
WHEREAS,the first event occurred in 2021 at the Filter Complex Electrical Building and
the second occurred in July 2022 at the A&B Loop Transfer Switch 1, located at the High Service
Pump MCC Building, both instances requiring emergency repairs by Peak Engineering, Inc. of
Port Neches, Texas; and,
WHEREAS, this is a high-risk function that must be addressed to protect public health
and safety; and,
WHEREAS, pursuant to the Texas Professional Services Procurement Act (Government
Code Chapter 2254), for professional engineering services the City is required to select the most
qualified firm and then negotiate a fair and reasonable contract; and,
WHEREAS,the Water Purification Department received a quote from Peak Engineering,
Inc. of Port Neches, Texas, in the amount of$27,300.00 to evaluate the Water Purification Plant,
providing an evaluation report, phase evaluations, and recommendations, attached as EXHIBIT
"A"; and
WHEREAS, Peak Engineering, Inc. of Port Neches, Texas is the most qualified firm for
the task, as they are the most familiar with the electrical issues at the Water Purification Plant
given their previous emergency repairs there; and,
PR No. 24437
07/14/2025 cs
Page 2 of 3
WHEREAS,it is recommended that we enter into a contract for professional services with
Peak Engineering, Inc. of Port Neches,Texas associated with an electrical evaluation of the Water
Purification Plant, attached hereto as Exhibit`B".
NOW THEREFORE,BE IT RESOLVED BY CITY COUNCIL OF CITY OF PORT
ARTHUR, TEXAS:
THAT,the facts and recitals in the preamble are true and correct; and,
THAT, City Council hereby authorizes the City Manager to sign a contract with Peak
Engineering, Inc. of Houston, Texas for professional engineering services associated with an
electrical evaluation of the Water Purification Plant, with a projected budgetary impact of
$27,300.00, in substantially the same form as attached hereto as Exhibit`B"; and,
THAT, a copy of the caption of this Resolution be spread upon the Minutes of City
Council.
READ,ADOPTED AND APPROVED THIS day of , 2025 at a
Regular Meeting of City Council of City of Port Arthur, Texas. by the following vote:
AYES: Mayor
Councilmembers:
NOES: .
Charlotte M. Moses
Mayor
APPROVED S TO FORM:
ATTEST: 2
Sherri Bellard Roxann Pais Cotroneo
City Secretary City Attorney
PR No. 24437
07/14/2025 es
Page 3 of 3
APPROVED FOR ADMINISTRA 1 N: APPROVED FOR AVAILABILITY OF
A I FUNDS:
, . 4
1 �
Ronald Burton, CP Lynda(Lyn) Boswell, MA, ICMA-CM
City Manager Director of Finance
C
alvin Matthews, P.E. Clifton E. Williams, Jr., CPPB
Director of Water Utilities Purchasing Manager
EXHIBIT "A"
I'
PEAK
I: N C. I N F. I' II I N C.
P.O. Box 969
1618 Port Neches Avenue
Port Neches,TX 77651
(409)729-2226
Texas Board of Professional Engineers Registration# F-10:15
Texas Electrical Contractor License#25686
•
June 30th.2025
•
Attn: Mr.Jeff Wyble
City of Port Arthur
l 101 H O Mills Blvd
Port Arthur,TX •
Re: Arc Flash and Phase Evaluation
Proposal#P-2536-CPA Rev 1
Dear Mr. Wyble,
Peak Electrical LLC is pleased to offer our proposal to provide the engineerin and de ign services to
conduct an arc flash and phase evaluation for the Water Treatment Plant in Port Arthur TX.The deliverables of this
proposal are as follows:
I. Arc Flash Evaluation:
• Power system model in SKMTM Power Tools for Windows(Version 11.0.0.6) tilizin the documentation
supplied and verified from the site visits. The following deliverables shall be cluded in the power system
study:
o One(1)site visit to verify supplied one-line diagrams and collect mis ing information required to
update the one-lines and power system model.
o Short-Circuit Current Analysis:
• In accordance with IEEE 242 and IEEE 399,one-line diagra s using SKM displaying
initial symmetrical balanced three-phase fault, bolted line-to line fau t,and single-line-to-
ground fault current at each bus and cable.
• Short-circuit report displaying the total initial symmetrical a d asymmetrical fault
currents calculated at each bus.This report's calculations ar=used for arc flash
calculations.
o Arc Flash Evaluation:
• In accordance with IEEE 1584,an analysis on the modeled ..wer s tem to identify
levels of arc flash incident energy at each piece of equipmen based n the settings of the
upstream protective device settings. Energy levels shall be p esented;in a one-line layout
in addition to a bus report(tabulated format indicating detail at eac bus/equipment).
• Custom 4"x 6"UV-protected labels indicating NFPA 70E r!.uired ' formation shall be
produced for each bus.
• Label formatting shall be confirmed prior to beginning arc fl:sh evaluation.
o List of recommendations to mitigate hazardous arc flash incident ene •y values(if applicable;
hazardous value limits to be established prior to beginning study with the City of Port Arthur).
Recommendations will be for adjusting protective devices. Following confirmed settings changes,
Peak to update model with setting adjustment.
o Power system study report providing the methodology in creating the .KM m del,conducting the
various studies discussed above,and a summary of finalized results o the arc', ash evaluation.
o One(I)site visit to apply arc flash labels on pieces of equipment incl ded in a finalized bus
report.
Page I of 3
City of Port Arthur
Arc Flash and Phase Evaluation 2025
Proposall#P-2536-CPA Rev 1
We propose to provide the above listed engineering and design services in Line 1 on a lui p sum basis for a
total of$17,100.00.
2.Phase Evaluation:
• Generate scope of work and request quote from Saber to verify phases and resolve an'phasing issues for
the B Side of the Main Switchgear.
• Coordinate schedule with the City of Port Arthur and Saber.
• Up to three(3)site visits to support Saber to verify phases,resolve any issues and complete a phase
chance.
We propose to provide the above Iisted engineering and design services in Line 2 on a lurUp sum basis for a
total of$10,200.00.
Peak proposes to provide the above listed engineering and design services in Line item #1t.and#2 for a total of
$27,300 on a lump sum basis.
Clarifications:
• This proposal is based on all deliverables listed above in Line Items 1 and 2 for a total lump basis of
$27,300.All line items to be awarded together and cannot be separated. Any rddition*l deliverables
required by the City of Port Arthur shall require reconsideration of this proposal.
• Peak has allotted up to one(1)site visit to verify any changes to the electrical system rior to updating the
power system model for the short circuit analysis,coordination study,equipment evaluation,and arc flash
evaluation.
• Arc flash will only be evaluated for the Main Switchgear and the first downstream busl from the secondary
side of the 500kVA, 1500kVA, 1000 kVA,2500,KVA,300kVA and 750kVA Transf`rmers. Arc flash will
not be evaluated for the whole facility and will only be evaluated for equipment that ;ill be tested for phase
rotation issues. Any additional equipment to be evaluated for arc flash will require a r evaluation of this
proposal.
• The power system model generated will be based on site visits or any up-to-date documentation provided to
Peak and shall consist of,but not limited to:one-line diagram drawings, plot plan drawings,manufacturer
equipment drawings and details,and installation notes.
• Once all latest documentation has been submitted, Peak has included site visit! to verify supplied
documentation and installations. A dedicated,qualified personnel(e.g.,onsite electrical contractor)shall be
provided to Peak to assist opening panels and enclosures during walkdown for verification purposes only;
no work to be performed on equipment.
• Available fault current data will be required from the utility provider(Entergy, for each utility serving the
facility.Peak shall provide an RFI document for the required utility fault data io the C�.YY of Port Arthur;
who shall then forward(and CC Peak)to the main point of contact from the ut lity con$pany. The power
system model cannot be completed until this data is received and confirmed.
• Following all document submittals,visits for document verification,and kickoff meeti g confirmations,
Peak shall use the obtained information to begin the arc flash evaluation. All documen tion,information,
site visits,conferences,or other direction provided later than this start date shall be co'sidered an addition
to the scope.
• This proposal is based on the IEEE 1584—2018 method for conducting the arc flash c lculations. In SKM,
this standard incorporates five types of electrode configurations that can be chosen from in its new
calculation methods, in addition to enclosure dimensions that have a varying effect on providing improved
arc flash calculations.These details will need to be verified when conducting to ensureaccuracy in the
evaluation(i.e.,enclosures may need to be opened by qualified personnel for confirms ion).
• Calculations using the IEEE-1584 Standard in SKM do not consider calculations for si gle-phase electrical
equipment. For single-phase loads that require labeling(e.g.,panels rated at 12D/240V ,the arc flash PPE
category method shall be used: Based on NFPA 70E Table 130.7(C)(I5)(a),far"pane oards or other
equipment rated 240 volts and below",with a"maximum of 25kA available fault current",equipment shall
Page2of3
City of Port Arthur
Arc FI.sh and hase Evaluation 2025
' oposall#P-2536-CPA Rev 1
be rated with an arc-flash PPE category of"l"or other site-specific PPE category lev I confirmed by the
City of Port Arthur.
• If comprehensive short-circuit calculations in SKM indicate levels higher th. 25kA location of panels,
NFPA 70E's arc flash PPE category method shall not be permitted to use,an. this prosal may be
reevaluated.
• This proposal is based on arc flash labels being produced in the system's typi.al oper' ion.The proposal
does not cover supplementary labels for Reduced Energy Let-Through(REL I settin on equipment. If
supplementary labels are required,proposal may need to be reconsidered due '. incre a of materials.
• Any changes or additions made to the electrical system made after the comple ion of t e arc flash study
may require re-evaluation to determine if there was an increase or decrease of nciden I energy levels
throughout the power system.
• Peak has allotted one(I)site visit to apply new labels. If there are existing arc flash la els,qualified
personnel shall be available to Peak to provide assistance with removing and p acing n w labels.
Application of arc flash labels are on exterior of equipment only. No work to . perfo ed on the
equipment.Assistance during label application shall consist of either providin: ladder4to access labels,and
means to sufficiently remove any previous labels.
• Any requested equipment, services,site visits,or drawing/report revisions that:re not icluded in this
proposal will be considered additional and will require reevaluation of this pro osal.
• Peak has allotted up to three(3)site visits to support Saber to verify phases on he B side of the main
switchgear and resolve any phase issues.
• This proposal is valid for 30 days and may be re-evaluated after that time, if r- uired.
• Terms of payment are net 30 days from invoice.
We appreciate this opportunity to serve your company and look forward to working wit you on his and future
projects.Should additional information be required,please notify the undersigned.
Best regards,
Andy Nguyen
andvnguyen@peakelectricallIc.com
Peak Electrical LLC
(409)729-2226 ext.23
Page 3 of 3
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("City"),
and Peak Engineering ("Professional") (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.
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 this 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 last date of execution hereof by all
parties hereto (the "Effective Date") and shall remain in effect for an estimated (12) months or
until services are complete, including the time necessary to develop the project deliverables,
subject to change upon request or mutual agreement(s).
2.2 Professional may terminate this Agreement by giving thirty(30)days prior written
notice to City. In the event of such termination by Professional, Professional shall be entitled to
compensation for services satisfactorily completed in accordance with this Agreement prior to the
date of such termination.
2.3 City may terminate this Agreement by giving ten (10) days prior written notice to
Professional. In the event of such termination by City, Professional shall be entitled to
compensation for services satisfactorily completed in accordance with this Agreement prior to the
date of such termination. Upon receipt of such notice from City, Professional shall immediately
terminate working on, placing orders or entering into contracts for supplies, assistance, facilities
or materials in connection with this Agreement and shall proceed to promptly cancel all existing
contracts insofar as they are related to this Agreement.
2.4 Upon notice of termination by Professional or City, Professional shall immediately
surrender all project documents produced by Professional and its subcontractors up to and
including the date on which termination notice was given.
Article III
Scope of Services
3.1 Professional shall perform the services specifically set forth in Exhibit A, attached
hereto and incorporated herein by reference,entitled"Scope of Services." In case of conflict with
the language of Exhibit A and the provisions of this Agreement,the provisions of this Agreement
shall control. Any additional services require the prior approval of the City Council of the City.
3.2 The Parties acknowledge and agree that any and all opinions provided by
Professional represent the best judgment of Professional.
Article IV
Schedule of Work
4.1 Professional agrees to commence services upon written direction from City and to
complete the tasks set forth in Exhibit A, Scope of Services, in accordance with a work schedule
established by City(the"Schedule"), which is attached hereto and incorporated as Exhibit A.
4.2 In the event Professional's performance of this Agreement is delayed or interfered
with by acts of City or others, Professional may request an extension of time for the performance
of same as hereinafter provided, and City shall determine whether to authorize any increase in fee
or price, or to authorize damages or additional compensation as a consequence of such delays,
within a reasonable time after receipt of Professional's request.
4.3 No allowance of any extension of time, for any cause whatsoever, shall be claimed
or made by Professional, unless Professional shall have made written request upon City for such
extension not later than five(5)business days after the occurrence of the cause serving as the basis
for such extension request, and unless City and Professional have agreed in writing upon the
allowance of such additional time.
Page 2 of 1 1
City of Port Arthur, Texas
Professional Services Agreement
Article V
Compensation and Method of Payment
5.1 City shall pay Professional for the services specifically as set forth in Exhibit A and
in accordance with the Rate Schedule in an amount not to exceed$27,300.00 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 1 1
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: Ronald 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+VI 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 1 1
City of Port Arthur, Texas
Professional Services Agreement
10.7 Severability. In the event any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect by a
court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any
other provision in this Agreement,and this Agreement shall be construed as if such invalid,illegal,
or unenforceable provision had never been contained in this Agreement.
10.8 Survival of Covenants and Terms. Any of the representations, warranties,
covenants,and obligations of the Parties,as well as any rights and benefits of the Parties,pertaining
to a period of time following the termination of this Agreement shall survive termination,
including, but not limited to, Section 3.3, Article X, and, in particular, Sections 10.13 and 10.14.
10.9 Recitals. The recitals to this Agreement are incorporated herein.
10.10 Notice. Any notice required or permitted to be delivered hereunder may be sent by
first class mail, overnight courier or by confirmed telefax or facsimile to the address specified
below, or to such other Party or address as either Party may designate in writing, and shall be
deemed received three (3) days after delivery set forth herein:
If intended for City:
City of Port Arthur, Texas
444 4th Street
Port Arthur, Texas 77640
Attn: Ronald 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:
Peak Engineering
1618 Port Neches Avenue
Port Neches,Texas 77651
Attn: Andy Nguyen
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.
Page 7of11
City of Port Arthur, Texas
Professional Services Agreement
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.
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
Page 8of11
City of Port Arthur, Texas
Professional Services Agreement
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.
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
P"
EXECUTED this day of , 2025.
CITY:
CITY OF PORT ARTHUR,TEXAS,
A Texas home-rule municipality,
By:
Ronald Burton,City Manager
ATTEST:
Sherri Bellard,City Secretary
APPROVED AS TO FORM:
Roxann Pais Cotroneo, City Attorney
EXECUTED this day of , 2025.
PROFESSIONAL:
Peak Engineering
By:
Name:
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
PEAK
I: N (: I N 1.1 1.1 It I N U.
P.O. Box 969
1618 Port Neches Avenue
Port Neches,TX 77651
(409) 729-2226
Texas Board of Professional Engineers Registration # F-10:15
Texas Electrical Contractor License 4 25686
June 30'h.2025
Attn: Mr.Jeff Wyble
City of Port Arthur
1 101 H O Mills Blvd
Port Arthur,TX
Re: Arc Flash and Phase Evaluation
Proposal#P-2536-CPA Rev 1
Dear Mr. Wyble,
Peak Electrical LLC is pleased to offer our proposal to provide the engineerin and deign services to
conduct an arc flash and phase evaluation for the Water Treatment Plant in Port Arthur TX.Thtp deliverables of this
proposal are as follows:
1. Arc Flash Evaluation:
• Power system model in SKMTM Power Tools for Windows(Version 11.0.0.6) tilizin$the documentation
supplied and verified from the site visits. The following deliverables shall be cludedlin the power system
study: I
o One(I)site visit to verify supplied one-line diagrams and collect mis.ing information required to
update the one-lines and power system model.
o Short-Circuit Current Analysis:
• In accordance with IEEE 242 and IEEE 399,one-line diagra s using SKM displaying
initial symmetrical balanced three-phase fault,bolted line-to line fault,and single-line-to-
ground fault current at each bus and cable.
• Short-circuit report displaying the total initial symmetrical a d asymmetrical fault
currents calculated at each bus. This report's calculations ar=used far arc flash
calculations.
o Arc Flash Evaluation:
• In accordance with IEEE 1584,an analysis on the modeled ..wer sytem to identify
levels of arc flash incident energy at each piece of equipmen based C}n the settings of the
upstream protective device settings. Energy levels shall be p esented;in a one-line layout
in addition to a bus report(tabulated format indicating detail at eachl bus/equipment).
• Custom 4"x 6"UV-protected labels indicating NFPA 70E r quired information shall be
produced for each bus.
• Label formatting shall be confirmed prior to beginning arc fl h evai ation.
o List of recommendations to mitigate hazardous arc flash incident ene .y valu s(if applicable;
hazardous value limits to be established prior to beginning study with the City of Port Arthur).
Recommendations will be for adjusting protective devices. Following confirmed settings changes,
Peak to update model with setting adjustment.
o Power system study report providing the methodology in creating the .KM model,conducting the
various studies discussed above,and a summary of finalized results o the arc;flash evaluation.
o One(I)site visit to apply arc flash labels on pieces of equipment incl ded in the finalized bus
report.
Page I of 3
City of Port Arthur
Arc Flash and Phase Evaluation 2025
Proposatl#P-2536-CPA Rev 1
We propose to provide the above listed engineering and design services in Line 1 on a lu 1p sum basis for a
total of$17,100.00.
2. Phase Evaluation:
• Generate scope of work and request quote from Saber to verify phases and resolve any phasing issues for
the B Side of the Main Switchgear,
• Coordinate schedule with the City of Port Arthur and Saber.
• Up to three(3)site visits to support Saber to verify phases, resolve any issues and complete a phase
change.
We propose to provide the above listed engineering and design services in Line 2 on a lutp sum basis for a
total of$10,200.00.
Peak proposes to provide the above listed engineering and design services in Line item #1i,and#2 for a total of
$27,300 on a lump sum basis.
Clarifications:
• This proposal is based on all deliverables listed above in Line Items I and 2 for a total',lump basis of
$27,300.All line items to be awarded together and cannot be separated. Any additional deliverables
required by the City of Port Arthur shall require reconsideration of this proposal.
• Peak has allotted up to one(1)site visit to verify any changes to the electrical system rior to updating the
power system model for the short circuit analysis, coordination study,equipment evaluation,and arc flash
evaluation.
• Arc flash will only be evaluated for the Main Switchgear and the first downstream bus,from the secondary
side of the 500kVA, I500kVA, 1000 kVA,2500,KVA,300kVA and 750kVq Transformers. Arc flash will
not be evaluated for the whole facility and will only be evaluated for equipment that Will be tested for phase
rotation issues. Any additional equipment to be evaluated for arc flash will require a ra-evaluation of this
proposal.
• The power system model generated will be based on site visits or any up-to-date documentation provided to
Peak and shall consist of,but not limited to:one-line diagram drawings,plot plan drawings,manufacturer
equipment drawings and details,and installation notes.
• Once all latest documentation has been submitted, Peak has included site visits to veri supplied
documentation and installations.A dedicated, qualified personnel(e.g.,onsite electric contractor)shall be
provided to Peak to assist opening panels and enclosures during walkdown for verificajtion purposes only;
no work to be performed on equipment.
• Available fault current data will be required from the utility provider(£ntergy i for ea utility serving the
facility.Peak shall provide an RFI document for the required utility fault data to the C of Port Arthur;
who shall then forward(and CC Peak)to the main point of contact from the ut lity co pany. The power
system model cannot be completed until this data is received and confirmed.
• Following all document submittals,visits for document verification,and kickoff meeting confirmations,
Peak shall use the obtained information to begin the arc flash evaluation. All documentation, information,
site visits,conferences,or other direction provided later than this start date shall be considered an addition
to the scope.
• This proposal is based on the IEEE 1584—2018 method for conducting the arc flash calculations.In SKM,
this standard incorporates five types of electrode configurations that can be chosen front in its new
calculation methods, in addition to enclosure dimensions that have a varying effect on providing improved
arc flash calculations.These details will need to be verified when conducting to ensure accuracy in the
evaluation(i.e.,enclosures may need to be opened by qualified personnel for confirmation).
• Calculations using the IEEE-1584 Standard in SKM do not consider calculations for single-phase electrical
equipment.For single-phase loads that require labeling(e.g.,panels rated at 120/240V),the arc flash PPE
category method shall be used: Based on NFPA 70E Table 130.7(C)(15)(a),fcr"panelboards or other
equipment rated 240 volts and below",with a"maximum of 25kA available fault curre tt',equipment shall
Page 2 of 3
City of Port Arthur
Arc Fi•sh and 'hase Evaluation 2025
' oposa #P-2536-CPA Rev 1
be rated with an arc-flash PPE category of l"or other site-specific PPE cate.ory lev 1 confirmed by the
City of Port Arthur.
• If comprehensive short-circuit calculations in SKM indicate levels higher th• 25kA . location of panels,
NFPA 70E's arc flash PPE category method shall not be permitted to use,an• this p •osal may be
reevaluated.
• This proposal is based on arc flash labels being produced in the system's typisal ope ion.The proposal
does not cover supplementary labels for Reduced Energy Let-Through(REL I settin on equipment. If
supplementary labels are required,proposal may need to be reconsidered due • incr•Le of materials.
• Any changes or additions made to the electrical system made after the comple ion of t E e arc flash study
may require re-evaluation to determine if there was an increase or decrease of nciden I energy levels
throughout the power system.
• Peak has allotted one(I)site visit to apply new labels. If there are existing arc flash la els,qualified
personnel shall be available to Peak to provide assistance with removing and p acing n w labels.
Application of arc flash labels are on exterior of equipment only.No work to • perfo ed on the
equipment.Assistance during label application shall consist of either providint ladder to access labels,and
means to sufficiently remove any previous labels.
• Any requested equipment,services,site visits,or drawing/report revisions that .re not li eluded in this
proposal will be considered additional and will require reevaluation of this pro 'sal.
• Peak has allotted up to three(3)site visits to support Saber to verify phases on e B sift a of the main
switchgear and resolve any phase issues.
• This proposal is valid for 30 days and may be re-evaluated after that time, if r i uired.
• Terms of payment are net 30 days from invoice.
We appreciate this opportunity to serve your company and look forward to working wit you on his and future
projects.Should additional information be required,please notify the undersigned.
Best regards,
Andy Nguyen
andynguyen@peakelectricaillc.com
Peak Electrical LLC
(409)729-2226 ext.23
Page 3 of 3