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HomeMy WebLinkAboutPR 24813 AUTHORIZING CITY MGR TO CONTRACT WITH SIGMA ENGINEERS FOR PI CLUBHOUSE www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: March 4, 2026 To: The Honorable Mayor and City Council Through: Ronald Burton, CPM, City Manager From: George Davis, Director of Pleasure Island RE: P.R. No. 24813—A Resolution Authorizing the City Manager or His Designee to Enter Into a Contract with Sigma Engineers of Beaumont, Texas for the Architectural and Engineering Design Services Related to the Repurposing of the Existing Clubhouse (Event Center) on Pleasure Island and an additional ADA-compliant parking lot adjacent to the building. Introduction: The City Council is being asked to approve P.R.No.24813 authorizing the City Manager or his designee to enter into a contract with Sigma Engineers of Beaumont, Texas for Design Services related to the repurposing of the existing Clubhouse (Event Center) on Pleasure Island and an additional ADA-compliant parking lot adjacent to the building. Background: At the September 11, 2025 Special City Council meeting, clarification was requested regarding the Pleasure Island Capital Improvement Projects. The Council was reminded of plans to repurpose the existing Clubhouse (Event Center) and construct an additional parking lot. Through Resolution 26-023, City Council authorized the City Manager to negotiate a contract with Sigma Engineers of Beaumont for the architectural and engineering design services. Sigma Engineers has since prepared an evaluation outlining the scope of work and budget for the renovations and parking lot construction and proposes to develop a design schedule,hold review meetings and prepare construction documents for bidding. Budget Impact: Funding in the total amount not to exceed$163,155.00 is available for this purpose in Account Number 450-00-000-8512-00-00-000 Project Number PI001 I.ENG Recommendation: It is recommended that the City Council approve P.R.No.24813, authorizing the City Manager or his designee to enter into a contract with Sigma Engineers of Beaumont, Texas, for the architectural and engineering design services related to the repurposing of the existing Clubhouse (Event Center) on Pleasure Island and an additional ADA-compliant parking lot adjacent to the building. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur.Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294 P. R. # 24813 3/4/2026 gd RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH SIGMA ENGINEERS OF BEAUMONT, TEXAS, FOR THE ARCHITECTURAL AND ENGINEERING DESIGN SERVICES RELATED TO THE REPURPOSING OF THE EXISTING CLUBHOUSE (EVENT CENTER) ON PLEASURE ISLAND AND AN ADDITIONAL ADA-COMPLIANT PARKING LOT ADJACENT TO THE BUILDING IN THE TOTAL AMOUNT NOT TO EXCEED $163,155.00; FUNDING AVAILABLE IN ACCOUNT NUMBER 450-00-000-8512-00-00-000 PROJECT NUMBER PI0011.ENG WHEREAS, at the September 11, 2025, Special City Council Meeting, Councilwoman Hamilton-Everfield requested clarification on the projects included in the Pleasure Island Capital Improvement Projects budget; and WHEREAS, in response, the Pleasure Island Director reminded the City Council of the planned repurposing of the existing Clubhouse (Event Center) and the development of an additional parking lot on Pleasure Island; and WHEREAS, per Resolution 26-023, City Council approved authorizing the City Manager to negotiate a contract with Sigma Engineers, of Beaumont, Texas, for the architectural and engineering design services related to the repurposing of the existing Clubhouse (Event Center) and additional parking lot adjacent to the building; and WHEREAS, Sigma Engineers has prepared an evaluation to determine the scope of work and budget needed to perform renovations to the Clubhouse (Event Center) on Pleasure Island and an additional ADA-compliant parking lot adjacent to the building; and WHEREAS, Sigma Engineers proposes to provide a design schedule, conduct review meetings to discuss findings, prepare construction drawings and specifications so that a package can be used by the city to solicit construction bids for this project; and WHEREAS, it is deemed in the best interest to enter into a contract agreement with Sigma Engineers to provide the architectural and engineering design services related to the repurposing of the existing Clubhouse (Event Center) and additional parking lot adjacent to the building in the total amount not to exceed $163,155.00, attached hereto as Exhibit "A". 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. #24813 3/4/2026 gd Section 2. That the City Council hereby authorizes the City Manager or his designee to enter into a contract, in substantially the same form as Exhibit "A" with Sigma Engineers, of Beaumont, Texas, for the architectural and engineering design services related to the repurposing of the existing Clubhouse (Event Center) on Pleasure Island and an additional ADA-compliant parking lot adjacent to the building, with a budgetary impact in the total amount not to exceed $163,155.00, with funding made available in Account No. 450-00-000-8512-00- 00-000, Project Number PI0001.ENG 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 March, A.D., 2026, at a Regular Meeting of the City Council of the City of Port Arthur,by the following vote: AYES:(Mayor) Councilmembers: NOES: P. R. # 24813 3/4/2026 gd Charlotte M. Moses Mayor ATTEST: APPROVED +ORM: Sherri Bellard Roxann Pais Cotroneo City Secretary City Attorney APPROVED FOR ADMINISTRATION: IA& Ronald B on, P George avis, MA, CPM City Manager Director of Pleasure Island APP OVED AS TO THE AVAILABILITY OF FUNDS: ip•,kLeid iv() i,‘„,(L, yn (Lyn) Boswel , MA, ICMA-CM Clifton . Williams, Jr., Director of Finance Purchasing Manager P. R. #24813 3/4/2026 gd Exhibit "A" 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 Sigma Engineers, Inc. ("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 Six months, 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 11 City of Port Arthur, Texas Professional Services Agreement ipppirmwrimmpw --- 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 with a not to exceed amount of$163,155.00 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 11 City of Port Arthur, Texas Professional Services Agreement 6.2 It is expressly understood and agreed to by Professional that any compensation not specified in this Agreement may require approval by the City Council of the City of Port Arthur and may be subject to current budget year limitations. 6.3 To the extent reasonably necessary for Professional to perform the services under this Agreement, Professional shall be authorized to engage the services of any agents, assistants, persons, or corporations that Professional may deem proper to aid or assist in the performance of the services under this Agreement. The cost of such personnel and assistance shall be borne exclusively by Professional. 6.4 Professional shall furnish the facilities, equipment, telephones, facsimile machines, email facilities, and personnel necessary to perform the services required under this Agreement unless otherwise provided herein. Article VII Relationship of Parties 7.1 It is understood and agreed by and between the Parties that in satisfying the conditions and requirements of this Agreement, Professional is acting as an independent contractor, and City assumes no responsibility or liability to any third party in connection with the services provided by Professional under this Agreement. All services to be performed by Professional pursuant to this Agreement shall be in the capacity of an independent contractor,and not as an agent, servant, representative, or employee of City. Professional shall supervise the performance of its services and shall be entitled to control the manner, means and methods by which Professional's services are to be performed, subject to the terms of this Agreement. As such, City shall not train Professional, require Professional to complete regular oral or written reports, require Professional to devote his full-time services to City, or dictate Professional's sequence of work or location at which Professional performs Professional's work, except as may be set forth in Exhibit A. Article VIII Insurance 8.1 Before commencing work, Professional shall, at its own expense, procure, pay for and maintain during the term of this Agreement the following insurance written by companies approved by the state of Texas and acceptable to City. Professional shall furnish to the City Manager certificates of insurance executed by the insurer or its authorized agent stating coverages, limits, expiration dates and compliance with all applicable required provisions. Certificates shall reference the project/contract number and be addressed as follows: City of Port Arthur, Texas Attention: Ron Burton, City Manager 444 4th Street Port Arthur, Texas 77640-1089 Page 4 of 11 City of Port Arthur, Texas Professional Services Agreement A. Commercial General Liability insurance, including, but not limited to Premises/Operations, Personal & Advertising Injury, Products/Completed Operations, Independent Contractors and Contractual Liability, with minimum combined single limits of $500,000 per occurrence, $500,000 Products/Completed Operations Aggregate, and $500,000 general aggregate. Coverage must be written on an occurrence form. The General Aggregate shall apply on a per project basis. B. Workers' Compensation insurance with statutory limits; and Employers' Liability coverage with minimum limits for bodily injury: 1) by accident,$100,000 each accident, and 2) by disease, $100,000 per employee with a per policy aggregate of $500,000. C. Business Automobile Liability insurance covering owned, hired and non- owned vehicles, with a minimum combined bodily injury and property damage limit of $500,000 per occurrence. D. Professional Liability Insurance to provide coverage against any claim which the Professional and all professionals engaged or employed by the Professional become legally obligated to pay as damages arising out of the performance of professional services caused by error, omission or negligent act with minimum limits of$1,000,000 per claim, $1,000,000 annual aggregate NOTE:If the insurance is written on a claims-made form, coverage shall be continuous (by renewal or extended reporting period) for not less than thirty-six (36) months following completion of this Agreement and acceptance by City. 8.2 With reference to the foregoing required insurance, Professional shall endorse applicable insurance policies as follows: A. A waiver of subrogation in favor of City, its officials, employees, and officers shall be contained in the Workers' Compensation insurance policy. B. The City, its officials, employees and officers shall be named as additional insureds on the Commercial General Liability policy, by using endorsement CG2026 or broader. C. All insurance policies shall be endorsed to the effect that City will receive at least thirty(30) days notice prior to cancellation, non-renewal, termination, or material change of the policies. 8.3 All insurance shall be purchased from an insurance company that meets a financial rating of B+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: Ron Burton, City Manager Copy to: City of Port Arthur, Texas 444 4th Street Port Arthur, Texas 77640 Attn: City Attorney If intended for Professional: Sigma Engineers, Inc. 4099 Calder Ave. Beaumont, TX, 77706 Attn: Dr. Sina Nejad, P.E., P.Eng. 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 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 accord ance 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: Ron Burton, CPM, City Manager ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: Roxann Pais Cotroneo, City Attorney EXECUTED this day of , 2026. PROFESSIONAL: SIGMA ENGINEERS, INC. By: Dr. Sina Nejad, P.E., P.Eng. President Page 10 of 11 City of Port Arthur, Texas Professional Services Agreement Exhibit A Scope of Services /Schedule See Sigma Proposal dated February 12, 2025 — Pages 1 thru 5. Page 11 of 11 City of Port Arthur, Texas Professional Services Agreement 'rMAE N G I N E E R S A .(6.60., S1G Innovative Solutions I Solid Designs February 12, 2025 Mr. Ron Burton City Manager City of Port Arthur 444 4th Street Port Arthur, Texas 77640 Re: Proposed Renovation Pleasure Island Clubhouse Pleasure Island, Port Arthur, Texas Architectural & Design Services Dear Mr. Burton: We are delighted that the City of Port Arthur has selected our firm to design the renovation to the existing clubhouse at the pleasure Island. We have visited the site and are very familiar with the building and the scope presented to us by your staff. The enclosed "Attachment A" details our proposal and deliverables for the project. We can start the work as soon as a contract is issued. Again, thank you for selecting our firm and your continued trust in Sigma Engineers, Inc. Our staff and I look forward to working with you and the City of Port Arthur on another successful project. Sincerely, Sigma Engineers, Inc. Dr. Sina K. Nejad, P.E., P. Eng. President SKN/an 4099 Calder Avenue I Beaumont,Texas 77706 Registrations: Telephone:(409)898-1001 TBPE F-003645 I LAPELS 4929 I Alberta,Canada P-11246 Page 2 of 5 February 12, 2026 Sigma Engineers, Inc. Club House Renovation, Pleasure Island Architectural & Design Services ATTACHMENT "A" SCOPE OF WORK Perform the required architectural design for renovating the approximately 4,000 square feet club house building located Pleasure Island, Port Arthur, Texas. SPECIFIC SCOPE • Evaluate the existing site conditions. • Architectural and Engineering design for renovation of existing facility including: • Interior & exterior refinishing • Change kitchen to a warming kitchen • Add enlarged concrete porch and fencing • Add drive thru. canopy • Revamp the waste system with new septic tank * • Add ADA compliant Parking on the West of the building • Add winding sidewalks from building to the existing parking. • Additional ADA compliant restrooms structures • Provide design using the following steps: Schematic Design • Review the client's requirements for the project based on the previously approved preliminary floor plan. • Organize meetings and interview the owner's staff to determine specific details for each space. • Provide schematic drawings showing the intended scope. Development of Design • Prepare the design development documents, which consist of plumbing, mechanical, and electrical systems, from the approved schematic design. • Work with the owner's construction manager on constructability issues. • Provide a statement of probable cost as appropriate. Construction Documents • Prepare the complete working drawings and specifications from the approved design development documents, describing the work to complete the construction in detail. • Assist the construction manager in obtaining permits for the project. • Reevaluate the statement of probable cost. 4099 Calder Avenue I Beaumont,Texas 77706 Registrations: Telephone:(409)898-1001 TBPE F-003645 I LAPELS 4929 I Alberta,Canada P-11246 Page 3 of 5 February 12, 2026 Sigma Engineers, Inc. Club House Renovation, Pleasure Island Architectural & Design Services Bidding or Negotiating Phase • Assist the city purchasing department in securing contractor's bids. • Conduct bid meetings if required and answer technical questions. Construction Administration (not included) • Will provide with additional cost. SPECIFIC SCOPE • Review owner-furnished existing architectural, structural, and MEP drawings. • Provide demolition drawings. • Prepare a new floor plan, new restrooms, elevation drawings, roof plan, new HC ramp design, and details and parking stripping, including ADA details. • Design a new finish schedule and new finishes. • Provide for owner's approval at 30%, 60%, and 90% completion of the design. • Provide a design package for competitive bidding by the owner's purchasing. DELIVERABLES • Provide design schedule in electronic format using MS Projects. • Conduct review meetings to discuss findings. • Complete set of electronically delivered construction drawings and specifications. • Assist with organizing the City's boilerplate documents for construction bids. • Assist in reviewing the contractor's bid. SCHEDULE • Provide a schedule showing important milestones for design, bids, schedules, and major construction activities. • Complete the design work within approximately 120 days after the contract issuance. COST & PAYMENT • The fee for the design of the building renovation shall be: Engineering & Design $ 148,875.00 New Waste system & Piping * $ 14,280.00 ( not included below ) • Payment schedule shall be based on the following schedule of payments: • Schematic $ 29,775.00 • Design Development $ 34,241.00 • Construction Documents $ 81,882.00 • Bid phase $ 2,978.00 • Monthly draw payable net in thirty days. 4099 Calder Avenue I Beaumont,Texas 77706 Registrations: Telephone:(409)898-1001 TBPE F-003645 I LAPELS 4929 I Alberta,Canada P-11246 Page 4 of 5 February 12, 2026 Sigma Engineers, Inc. Club House Renovation, Pleasure Island Architectural & Design Services OWNER FURNISHED • Access to the site. • Power at the site for measurement of existing • Locations of existing utilities, including underground. • Building and site survey. • Geotechnical recommendation. • Provide periodic approval of the design. EXCLUSIONS • Any work on asbestos, lead, or other contaminants. • I.T. Design, Special lighting and sound system • Furniture & Interior Design (additional cost) • MEP commissioning (additional cost) INSURANCE: • Our insurances are limited to: Commercial General Liability Each Occurrence $2,000,000.00 Med Exp (Any one person) $10,000.00 Personal & Adv Injury $1,000,000.00 Aggregate $2,000,000.00 Products— Comp/Op Agg $2,000,000.00 Umbrella Liability Each Occurrence $5,000,000.00 Aggregate $5,000,000.00 Professional Liability Per Claim Limit $1,000,000.00 Aggregate Limit $1,000,000.00 Automobile Liability Combined Single Limit $500,000.00 Uninsured Motorist Combined Single $500,000.00 4099 Calder Avenue I Beaumont,Texas 77706 Registrations: Telephone:(409)898-1001 TBPE F-003645 I LAPELS 4929 I Alberta,Canada P-11246 Page 5 of 5 February 12, 2026 Sigma Engineers, Inc. Club House Renovation, Pleasure Island Architectural & Design Services Workers Compensation Emp. Liability Each Accident $1,000,000.00 Emp. Liability Disease— Each Employee $1,000,000.00 Emp. Liability Disease — Policy Limit $1,000,000.00 • The owner's protective insurances are excluded. • Marine or water-related insurances are excluded. • Product liability insurances are excluded. 4099 Calder Avenue I Beaumont,Texas 77706 Registrations: Telephone:(409)898-1001 TBPE F-003645 I LAPELS 4929 I Alberta,Canada P-11246