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HomeMy WebLinkAboutPR 24755: STV, INC, PROFESSIONAL SERVICES FOR ADDITIONAL DESIGNS FOR THE WATER TREATMENT PLANT ELECTRICALIMPROVEMENTS ear • Cir, of _ city ort rthu � 7<.ras INTEROFFICE MEMORANDUM Date: January 21, 2026 To: The Honorable Mayor and City Council From: Calvin Matthews, P.E., Water Utilities Director RE: PR 24755 — STV, Inc. of Houston, Texas, for Professional Services for Additional Designs for the Water Treatment Plant Electrical Improvements Introduction: The purpose of this Agenda Item is to seek the City Council's approval for the City Manager to enter into a professional services agreement with STV Inc. of Houston, Texas, for additional Designs for the Water Treatment Plant Electrical Improvements project. During project development, additional miscellaneous improvements were identified that are related to and interface with the previously designed electrical systems. These additional improvements require professional engineering design services to ensure proper coordination with the existing electrical, architectural, and structural designs and to maintain system integrity. Background: The Port Arthur Water Purification Plant was constructed in 1999 and experienced two transfer switch failures in 2021 and 2022. As a result of these failures, the City determined that a comprehensive evaluation of the plant's electrical systems was necessary to ensure operational reliability and regulatory compliance. Pursuant to Resolution No. 23-060, the City retained STV, Inc. of Houston, Texas, to perform a complete electrical assessment of the Water Purification Plant. STV, Inc. completed the assessment and submitted the Electrical Assessment Report dated August 11, 2023, which identified electrical upgrades and related architectural and structural improvements. Subsequently, pursuant to Resolution No. 23-472, the City retained STV, Inc. to perform final design services for the recommended improvements identified in the Electrical Assessment Report. Final design and bid-ready construction documents were completed and submitted on November 11, 2024. Budget Impact: The total budgetary impact is $205,598.00 and is available in Account No. 405-40-000-8516- 00-00-000, Project No. WS0020. Recommendation: It is recommended that the City Council approve Proposed Resolution No. 24755 authorizing the City Manager to enter into a professional services agreement with STV, Inc. of Houston, Texas, as described/outlined above. "Remember,we are here to serve the Citizens of Port Arthur" P.O. Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 PR No. 24755 1/21/26 cm-tnr RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH STV, INC., OF HOUSTON, TEXAS, TO PROVIDE ADDITIONAL DESIGN SERVICES FOR MISCELLANEOUS IMPROVEMENTS AT THE PORT ARTHUR WATER PURIFICATION PLANT,IN AN AMOUNT NOT TO EXCEED $205,598.00, FUNDS ARE AVAILABLE IN CIP ACCOUNT NO. 405-40-000-8516-00-00-000, PROJECT NO.WS0020. WHEREAS, the Port Arthur Water Purification Plant was constructed in 1999 and experienced two transfer switch failures in 2021 and 2022, necessitating a comprehensive evaluation of the plant's electrical systems; and WHEREAS, pursuant to Resolution No. 23-060, the City retained STV, Inc., of Houston, Texas, to perform a complete electrical assessment of the Water Purification Plant, and STV, Inc. • submitted its Electrical Assessment Report dated August 11, 2023; and WHEREAS, pursuant to Resolution No. 23-472, the City further retained STV, Inc. to provide final design services for the recommended electrical upgrades and associated architectural and structural improvements identified in the Electrical Assessment Report; and WHEREAS, STV, Inc. completed the final design and submitted bid-ready construction documents on November 11, 2024; and WHEREAS, funding for the construction of the designed improvements was included in the City's approved FY 2026 Capital Improvement Program Budget, along with funding for additional equipment required for further improvements at the Water Purification Plant; and WHEREAS, during project development, additional miscellaneous improvements related to the prior designs were identified,which required further professional design services involving electrical interface and coordination; and WHEREAS, STV, Inc. has submitted a Professional Services Agreement to expand the scope of services for the project to include design of such additional improvements at the Water Purification Plant, in a total amount not to exceed$205,598.00; and WHEREAS, it is in the best interest of the City of Port Arthur to authorize the execution of this Professional Services Agreement, attached hereto as Exhibit "A", to ensure proper design coordination, system reliability, and continued operational integrity of the Water Purification Plant. PR No. 24755 1/21/26 cm-tnr NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: THAT,the facts and recitals in the preamble are true and correct. THAT, the City Council hereby authorizes and directs.the City Manager to execute a Professional Services Agreement with STV, Inc., of Houston, Texas, substantially in the form attached hereto as Exhibit "A," to provide additional design services for miscellaneous improvements at the Water Purification Plant, in a total amount not to exceed $205,598.00. THAT, funding for this agreement is available in the Capital Improvement Program Account No. 405-40-000-8516-00-00-000, Project No. WS0020. THAT, a copy of the caption of this Resolution shall be spread upon the Minutes of the Meeting of the City Council. READ, ADOPTED, AND APPROVED this day of , 2026 at a Regular Meeting of the City Council of the City of Port Arthur,Texas by the following vote: AYES: Mayor Councilmembers: • NOES: • CITY OF PORT ARTHUR,TEXAS: Charlotte M.Moses Mayor ATTEST: Sherri Bellard City Secretary PR No. 24755 1/21/26 cm Page 3 of 3 APPROVED AS TO FORM: Roxann Pais Cotroneo City Attorney APPROVED FOR ADMINISTRATION: (-1,-,-DLI:f- 1/77,04-) Ronald Burton, CPM `J City Manager KOiv2G✓'f4-/ Suhail Kanwar, P.E. Director of Public Services C in atthews, P.E. Water Utilities Director APPROVED AS TO THE AVAILABILITY OF FUNDS: Ly (Lyn) Boswell, MA ICM -CM Finance Director LtA4Di ay Clifton E. Williams Jr. CPPB Purchasing Manager Exhibit "A" (STV, Inc. Professional Service Agreement) 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 STV Inc. ("Professional") (individually, each a"Party"and collectively, "Parties"), acting by and through the Parties' authorized representatives. Recitals: WHEREAS, the City desires to engage the services of the 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 one(1)year, from February 16, 2026, to February 16, 2027, including the time necessary to develop the project deliverables, subject to change upon request or mutual agreement(s). 2.2 The Professional may terminate this Agreement by giving thirty (30) days' prior written notice to the 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. compensation for services satisfactorilycompleted in accordance with this Agreement prior to the p 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 11 City of Port Arthur, Texas Professional Services Agreement Article V Compensation and Method of Payment 5.1 City shall pay Professional for the services specifically as set forth in ExhibitA and in accordance with the Rate Schedule in an amount not to exceed $205,598.00for said services. 5.2 Each month Professional shall submit to City an invoice supporting the amount for which payment is sought. Each invoice shall also state the percentage of work completed on the Project through the end of the then submitted billing period,the total of the current invoice amount, and a running total balance for the Project to date. 5.3 Within thirty (30) days of receipt of each such monthly invoice, City shall make monthly payments in the amount shown by Professional's approved monthly invoice and other documentation submitted. 5.4 Professional shall be solely responsible for the payment of all costs and expenses related to the services provided pursuant to this Agreement including, but not limited to, travel, copying and facsimile charges, reproduction charges, and telephone, internet, e-mail, and postage charges, except as set forth in Exhibit A. 5.5 Nothing contained in this Agreement shall require City to pay for any services that are unsatisfactory as determined by City or which is not performed in compliance with the terms of this Agreement, nor shall failure to withhold payment pursuant to the provisions of this section constitute a waiver of any right, at law or in equity, which City may have if Professional is in default, including the right to bring legal action for damages or for specific performance of this Agreement. Waiver of any default under this Agreement shall not be deemed a waiver of any subsequent default. Article VI Devotion of Time, Personnel, and Equipment 6.1 Professional shall devote such time as reasonably necessary for the satisfactory performance of the services under this Agreement. City reserves the right to revise or expand the scope of services after due approval by City as City may deem necessary, but in such event City shall pay Professional compensation for such services at mutually agreed upon charges or rates, a copy of the Rate Schedule is attached hereto as Exhibit A, and within the time schedule prescribed by City, and without decreasing the effectiveness of the performance of services required under this Agreement. In any event, when Professional is directed to revise or expand the scope of services under this Agreement, Professional shall provide City a written proposal for the entire costs involved in performing such additional services. Prior to Professional undertaking any revised or expanded services as directed by City under this Agreement, City must authorize in writing the nature and scope of the services and accept the method and amount of compensation and the time involved in all phases of the Project. Page 3 of 11 City of Port Arthur, Texas Professional Services Agreement 6.2 It is expressly understood and agreed to by Professional that any compensation not specified in this Agreement may require approval by the City Council of the City of Port Arthur and may be subject to current budget year limitations. 6.3 To the extent reasonably necessary for Professional to perform the services under this Agreement, Professional shall be authorized to engage the services of any agents, assistants, persons, or corporations that Professional may deem proper to aid or assist in the performance of the services under this Agreement. The cost of such personnel and assistance shall be borne exclusively by Professional. 6.4 Professional shall furnish the facilities, equipment,telephones,facsimile machines, email facilities, and personnel necessary to perform the services required under this Agreement unless otherwise provided herein. Article VII Relationship of Parties 7.1 It is understood and agreed by and between the Parties that in satisfying the conditions and requirements of this Agreement, Professional is acting as an independent contractor, and City assumes no responsibility or liability to any third party in connection with the services provided by Professional under this Agreement. All services to be performed by Professional pursuant to this Agreement shall be in the capacity of an independent contractor, and not as an agent, servant, representative, or employee of City. Professional shall supervise the performance of its services and shall be entitled to control the manner, means and methods by which Professional's services are to be performed, subject to the terms of this Agreement. As such, City shall not train Professional, require Professional to complete regular oral or written reports, require Professional to devote his full-time services to City, or dictate Professional's sequence of work or location at which Professional performs Professional's work, except as may be set forth in Exhibit A. Article VIII Insurance - 8.1 Before commencing work, Professional shall, at its own expense, procure, pay for and maintain during the term of this Agreement the following insurance written by companies approved by the state of Texas and acceptable to City. Professional shall furnish to the City Manager certificates of insurance executed by the insurer or its authorized agent stating coverages, limits, expiration dates and compliance with all applicable required provisions. Certificates shall reference the project/contract number and be addressed as follows: City of Port Arthur, Texas Attention: 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 11 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: STV,Inc. 11757 Katy Freeway, Suite 1540 Houston,Texas 77079 Attn: Fabian E. Mendoza Jr. 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 7 of 11 City of Port Arthur, Texas Professional Services Agreement 10.13 Professional's Liability. Acceptance of the Project Documents by City shall not p J 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 8 of 11 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 EXECUTED this day of , 2026. 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 , 2026. PROFESSIONAL: STV,Inc. By: Name: Fabian E. Mendoza Jr., Title: Senior Vice President, Texas Mountain Region 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 stV January 14, 2026 Mr. Calvin Matthews, PE Director of Water Utilities City of Port Arthur Water Utilities Administration, Rm 201 444 4th Street,Annex Building P.O. Box 1089 Port Arthur,Texas 77640-1089 ATTN: Ms.Jess Liao, PE Re: Port Arthur Water Purification Plant Electrical Improvements Professional Engineering Services Amendment Dear Mr. Matthews, STV, Inc. is pleased to submit this proposal to provide professional engineering services for an amendment to the referenced project. A description of the project and the scope is outlined in the attached Exhibit A. The amendment includes final design of miscellaneous improvements, updating and repackaging the design documents, and supplemental construction phase services. STV proposes to perform these services for a total lump sum amount of$205,598.00. We expect to complete the design phase within 210 working days upon receipt of written notice to proceed. Please contact us if you have any questions or require additional information. We appreciate the opportunity to submit this proposal and continue working with you on this important project. Sincerely, Sylvester Johnson, PE Senior Associate, Water Phone: 713-479-7432 Email: sylvester.johnson@stvinc.com Attachment EXHIBIT A SCOPE OF WORK CITY OF PORT ARTHUR WATER PURIFICATION PLANT ELECTRICAL IMPROVMENTS PHASE I AMENDMENT PROJECT BACKGROUND The City of Port Arthur(OWNER)owns and operates the Port Arthur Water Purification Plant. The plant was built in 1999 and is located at 1101 H.O. Mills Boulevard, Port Arthur, Texas. STV Inc. (ENGINEER)was retained to perform final design services for the recommended electrical upgrades and associated architectural and structural design identified in the Electrical Assessment Report dated August 11, 2023. Final design was completed and 100%bid ready documents were produced and submitted November 11, 2024. The City desires to expand the scope of the project to include the design of additional miscellaneous improvements at the plant. STV understands that this amendment is limited only to the scope of work for the equipment and modifications described herein. The evaluation of existing conditions,plant capacity, and design of other water plant elements except for as described herein are not included in this proposal. PROJECT DESCRIPTION ENGINEER will provide professional engineering services for the additional scope of work as follows: • Replacement of five (5) 30-inch butterfly valves and electric actuators in the Filter Complex of Trains 1 and 2, • Rehabilitation or replacement of the deteriorating 30-inch filter influent piping in the Filter Complex of Trains 1 and 2, • Design protective shelter canopy structures for two (2) exterior transfer switches, • Design modifications for a remote switch for safe operation of the main switchgear, • Replacement of ten (10) 12-inch mud valves at the Chlorine Dioxide Contact Basins of Trains 1 and 2 with new corrosion resistant mud valves. Services will include final design, updating and re-packaging of the current bid documents, and associated construction administration services. The anticipated schedule for services: Tasks Duration Design and Bidding(Items 1, 2,and 3) 7 months from NTP Construction Services(for scope herein) 10 months from Award 12/2025 Engineering Services Contract Page 1 of 4 A detailed scope of work is provided below: SCOPE OF SERVICES The scope of the project includes the following tasks: 1. Project Management: a. ENGINEER will facilitate a virtual kickoff meeting with OWNER to review scope of work, project requirements and schedule. b. ENGINEER will perform project administrative duties to include progress monitoring, status reports, scheduling, correspondence, office administration and invoicing. c. ENGINEER will perform QAQC review of all deliverables prior to submission to OWNER. d. ENGINEER will facilitate a virtual design review workshops with OWNER for the 90%and 100%submittals. 2. Field Investigation: a. ENGINEER will collect and review available record data, including as-built drawings,shop drawings, O&M manuals,and operational information pertinent to the scope of work. b. ENGINEER will conduct a field investigation to observe and document existing conditions, collect field measurements, and compare field conditions with available record information for the added improvements. 3. Final Design: a. ENGINEER will prepare design drawings and technical specifications for the proposed improvements for incorporation into the final design bid set. b. ENGINEER will coordinate with OWNER to develop phasing or sequencing plans to minimize disruption to the plant operations. It is assumed that the process trains and units can be isolated and/or drained to facilitate replacement of the valves and piping. c. ENGINEER will develop an opinion of probable construction cost(OPCC)with Class 2 level of accuracy for the proposed improvements. d. ENGINEER will review and update the overall OPCC incorporating costs for the proposed improvements identified in this proposal. 4. Supplemental Construction Phase Services: a. ENGINEER will review up to 10 additional submittals during construction and will assume that half will be resubmitted. b. ENGINEER will respond to up to 4 additional requests for information(RFIs)during construction. c. ENGINEER will review and evaluate up to 1 additional change proposals and assist the OWNER in the change order process. 12/2025 Engineering Services Contract Page 2 of 4 d. ENGINEER will conduct up two (2) additional site visits during construction upon the OWNER'S request. 5. Deliverables: a. Drawings: An estimated 18 new drawings will be incorporated into the plan set to accommodate the proposed improvements under this scope. b. Specifications:An estimated 7 additional technical specifications will be added to the project manual. c. Updated OPCC with Class 2 level accuracy. d. ENGINEER will make one (1) pre-final submission of 90% design deliverables for OWNER'S review and comment. Deliverables will be submitted in electronic format (.pdf). e. ENGINEER will address comments and submit final 100% bid ready documents to OWNER in electronic format(pdf). f. Final design will be completed within 210 days of NTP. 6. Assumptions and Exclusions: a. Survey and Geotechnical services are not included as part of this scope. b. Geotechnical reports previously prepared by Tolunay-Wong Engineers will be used for this project and are assumed to be sufficient at this time. c. Evaluation of the existing condition for the entire plant in process mechanical, structural and electrical engineering disciplines is excluded from this proposal. d. Electrical service, generator(s), and electrical equipment is assumed to be sufficient for the proposed work. Electrical service, generator(s), and/or electrical equipment upgrades are not included. e. SCADA system, control panels, and components are assumed sufficient for the proposed work. Scope is limited to coordinating SCADA and UO requirements with Owner's SCADA vendor. SCADA and instrumentation detailed design is not included. f. Shelter structures mentioned above will be steel canopy structure to protect the equipment from rain. The canopy will be installed on the existing pad. g. Owner will provide as-built drawings, and all available record information related to the scope of work to STV Ss h. Additional site visits or other services may be added to STV's scope of services by an amendment per Owner's request. ADDITIONAL SERVICES Construction inspection services, contract administration services, additional site visits or tasks beyond the volume stated, and other services not listed above shall be considered additional services and are not included in this scope of services. Such services may be added to the ENGINEER'S scope of services by amendment at the OWNER'S request. 12/2025 Engineering Services Contract Page 3 of 4 EXHIBIT B COMPENSATION CITY OF PORT ARTHUR WATER PURIFICATION PLANT ELECTRICAL IMPROVMENTS PHASE I AMENDMENT Under the terms of this Contract, the ENGINEER agrees to perform the work and services described in this Contract.OWNER agrees,in accordance with the limitations and conditions set forth in the Contract, to pay a lump sum amount of$205,598.00 Partial payments of the not to exceed amounts for each task will be invoiced on a percent complete basis.Not to exceed amounts below are accumulative for successive tasks. A summary of the Fee Estimate is presented below. 1 Project Management, QA/QC &Workshops $ 15,210.00 2 Field Investigation (1 month from NTP) $ 10,790.00 3 Final Design (7 months from NTP) $ 126,210.00 4 Supplement Construction Phase Services (10 months from Award) $48,400.00 5 Other Direct Costs $ 5,988.00 Total S 205,598.00 12/2025 Engineering Services Contract Page 4 of 4