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HomeMy WebLinkAboutPR 25054 CONTRACT WITH UTILITY SERVICE CO. FOR THE PRESSURE TANKS REHABILITATION City of : cJrs ort rtl:u1� Texas INTEROFFICE MEMORANDUM Date: July 22,2026 To: The Honorable Mayor and City Council Through: Ronald Burton, C.P.M., City Manager From: Calvin Matthews,P.E.,Water Utilities Director RE: PR No. 25054 - Execute contract with Utility Service Co. Inc. for the Pressure Tanks Rehabilitation. Introduction: This Agenda Item intends to seek the City Council's approval for executing a contract with Utility Service Co., Inc. of Perry, Georgia. The contract provides for the rehabilitation of the pressure tanks at 2170 S Gulfway Dr. and the pressure tank at Public Rd and W 15th Street through BuyBoard Contract No. 761-25 in the total amount of$270,623.00 from Account No. 405-40-000-8516-00-00-000,Project No. WS0035.0TH. Background: The City of Port Arthur participates in the BuyBoard Cooperative Purchasing Program pursuant to Resolution No.02-341 and Chapter 271, Subchapter F,of the Texas Local Government Code, which authorizes local governments to procure goods and services through cooperative purchasing programs in lieu of conducting a separate competitive solicitation. The Water Utilities Department has identified two pressure tanks at 2170 South Gulfway Drive and one at Public Road (Terminal Road) and West 15th Street that require rehabilitation due to deterioration associated with normal service life and exposure to environmental conditions. These pressure tanks are integral components of the City's water distribution system. Their primary function is to regulate surge and vacuum pressures,helping to maintain system stability, protect water mains, pumps, valves, and related infrastructure- from damaging pressure fluctuations, and ensure the reliable delivery of potable water to customers. Rehabilitation of these assets will restore their structural integrity,extend their operational service life, and reduce future maintenance requirements while avoiding the substantially higher cost of complete tank replacement. Utility Service Co., Inc. has submitted proposals through BuyBoard Cooperative Purchasing Contract No. 761-25 to perform the rehabilitation work. The project includes interior and exterior surface preparation, application of protective coatings, replacement of air fittings, and "Remember,we are here to serve the Citizens of Port Arthur" City of " \ ort rthu-1� Texas the furnishing of all labor,materials, equipment, and related services necessary to complete the rehabilitation of all three pressure tanks. Budget Impact: The projected budgetary impact is $270,623.00. Funds are available from Account No. 405-40- 000-8516-00-00-000,Project No. WS0035.0TH. Recommendation: The Water Utilities Department recommends that the City Council approve the proposed resolution authorizing the City Manager to execute a contract with Utility Service Co., Inc., through BuyBoard Cooperative Purchasing Contract No. 761-25,in the amount of$270,623.00 for the rehabilitation of three pressure tanks.Approval of this contract will preserve critical water system infrastructure, improve operational reliability, extend the useful life of these assets, and support the continued delivery of safe and dependable water service to the citizens of Port Arthur. • "Remember,we are here to serve the Citizens of Port Arthur" PR No.25054 07/22/2026 cm-tnr RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH UTILITY SERVICE CO., INC. OF PERRY, GEORGIA, THROUGH BUYBOARD COOPERATIVE PURCHASING CONTRACT NO. 761-25, FOR THE REHABILITATION OF THREE PRESSURE TANKS UTILIZED BY THE WATER UTILITIES DEPARTMENT IN THE AMOUNT OF $270,623.00; PROVIDING FOR FUNDING FROM CAPITAL IMPROVEMENT ACCOUNT NO. 405-40-000-8516-00-00-000, PROJECT NO.WS0035.OTH. WHEREAS, Chapter 271, Subchapter F,of the Texas Local Government Code authorizes municipalities to participate in cooperative purchasing programs as an alternative to the competitive bidding process; and WHEREAS, pursuant to Resolution No. 02-341, the City Council approved the City's participation in the BuyBoard Cooperative Purchasing Program through an interlocal agreement; and WHEREAS, the Water Utilities Department has determined that two pressure tanks located at 2170 South Gulfway Drive and one pressure tank located at the intersection of Public Road (Terminal Road) and West 15th Street have reached a condition requiring rehabilitation to ensure the continued reliability and integrity of the City's water distribution system; and WHEREAS,these pressure tanks are critical components of the City's water infrastructure, serving to regulate surge and vacuum pressures within the distribution system, thereby protecting pipelines,pumps,valves,and other system components from pressure fluctuations and maintaining consistent water service to customers; and WHEREAS,Utility Service Co., Inc., of Perry, Georgia,has submitted proposals through BuyBoard Contract No. 761-25 to rehabilitate the three pressure tanks, including interior and exterior surface preparation and protective coatings,replacement of air fittings,and the furnishing of all labor,materials, equipment, and incidental services necessary to complete the work, for the total amount of$270,623.00; and WHEREAS, the Water Utilities Department recommends award of the contract to Utility Service Co., Inc., through the BuyBoard Cooperative Purchasing Program because the proposed work will restore the operational integrity of the City's pressure tanks, extend their useful service PR No. 25054 07/22/2026 cm-tnr life, reduce future maintenance costs, and ensure the continued safe and reliable operation of the municipal water distribution system. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR,TEXAS: Section 1.The facts and recitals in the preamble are true and correct. Section 2. The City Manager is hereby authorized to execute a contract, in substantially the same form as the attached Exhibit "A," with Utility Service Co., Inc., of Perry, Georgia, through BuyBoard Cooperative Purchasing Contract No. 761-25, for the rehabilitation of three pressure tanks utilized by the Water Utilities Department in the total amount of$270,623.00. • 2170 S Gulfwav DR WTP HPT1 --$92,763.00 • 2170 S Gulfwav DR WTP HPT2 -$92,763.00 • Public Rd and W 15th Street WTP Port HPT- $85,097.00 Section 3.Funding for this contract is available in Capital Improvement Account No.405- 40-000-8516-00-00-000, Project No. WS0035.0TH. Section 4.A copy of the caption of this resolution shall be spread upon the minutes 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: Charlotte M. Moses Mayor ATTEST: Christe Whitley Ned, TRMC City Secretary PR No.25054 07/22/2026 cm Page 3 of 4 APPROVED AS TO FORM: Roxann Pais Cotroneo City Attorney APPROVED FOR ADMINISTRATION: Ronald Burton ' 'M City Manag- Suhail Kanwar, P.E. Director of Public Servic s Calvi Matt s, P.E. Water Utilities Director APPROVED AS TO THE AVAILABILITY OF FUNDS: yn Lyn)Boswell, MA CGFO Finance Director 41/(/ L4et4 Clifton 21 Williams Jr. CPPB Purchasing Manager PR No. 25054 07/22/2026 cm Page 4 of 4 Exhibit"A" CONSTRUCTION CONTRACT AGREEMENT [Non-Federally Funded Projects] THIS AGREEMENT made this day of 2026,by and between the CITY OF PORT ARTHUR, a municipal corporation organized under the laws of the State of Texas,hereinafter called"OWNER", and Utility Service Co. Inc.,hereinafter called"CONTRACTOR". WITNESSETH: That for and in consideration of the payments, terms, conditions, and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The CONTRACTOR will commence and complete the rehabilitation of three pressure tanks as follows: • 2170 S Gulfwav DR WTP HPT1 • 2170 S Gulfway DR WTP HPT2 • Public Rd and W 15th Street WTP Port HPT. 2. The CONTRACTOR will furnish at his own expense all the materials, supplies, tools, equipment,labor, and other services necessary for the construction and completion of the Project described herein. 3. The CONTRACTOR will commence the work required by the Contract Documents on or before a date and will complete the same within consecutive calendar days as designated in the attached scope of services. 4. The CONTRACTOR agrees to perform all the Work described in the Contract Documents and comply with the terms therein for the total amount of $270,623.00,as shown in the Service Proposal attached hereto. • 2170 S Gulfway DR WTP HPT1 --$92,763.00 • 2170 S Gulfway DR WTP HPT2-$92,763.00 • Public Rd and W 15th Street WTP Port HPT- $85,097.00 5. Work,following the Contract dated after the Notice to proceed,the Contractor shall complete the WORK within 60 consecutive calendar days. 6. The term "CONTRACT DOCUMENTS" means and includes the following: > Agreement > General Note > PAYMENT BOND > PERFORMANCE BOND > Insurance > TECHNICAL SPECIFICATIONS 6. The OWNER will pay to the CONTRACTOR in the manner and at such times as outlined in the General Conditions, such amounts as required by the Contract Documents. 7. This Agreement shall be binding upon all parties hereto and their respective heirs,executors, administrators,successors,and assigns. Page 1 of 2 CONSTRUCTION CONTRACT AGREEM ENT [Non-Federally Funded Projects] IN WITNESS WHEREOF, the Parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies, each of which shall be deemed an original on the date first above written. APPROVED IN FORM: OWNER: CONTRACTOR: OWNER: UTILITY SERVICE CO..INC. CITY OF PORT ARTHUR BY By NAME NAME ADDRESS TITLE Page 2 of 2 Proposal from UTILITY SERVICE CO., INC. 535 Gen.Courtney Hodges Blvd•P 0 Box 1350•Perry,GA 31069 USG WATER Toll-free: 855-526-4413 I Fax: 478-987-2991 —SOLUTIONS - usgwater.com Date: 07/22/26 Submitted by: Michael Williams Local Phone: (936)648-8869 SFID: 187531 MP/CS Asset: Entity Proposal Submitted To("Customer"): Phone Number: Fax Number: City of Port Arthur,TX 4099838182 Street Address: Description of Work to be Performed: 444 4th street Concrete Plant Services City: State: Zip Code: Asset Name: Port Arthur TX 77640 S Gulf Way WTP HPT 1 Accounts Payable Contact Name: Email: Job Site Address: Jess Liao jess.liao@portarthurtx.gov 2170 S GULFWAY DR Job Contact(Inspection Reports): Email: County/Parish: Asset Size: Asset Style: Daryl) Harmon daryll.harmon@portarthurtx.gov Jefferson 5,000 GAL Hydro-Pneumatic Utility Service Co.,Inc.agrees to provide all labor,equipment,and materials needed to complete the following: Please see attached Exhibit(s), which are incorporated herein by reference: 1. Exhibit A—Scope of Work 2. Exhibit B—Terms and Conditions Please sign and date this proposal and fax one copy to our office. Ninety-Two Thousand Seven Hundred Sixty-Three and---------------------------00/100 Dollars $ 92,763.00 Payment to be made as follows: Payment Due in Full Upon Completion of Work—plus all applicable taxes Remittance Address: Utility Service Co.,Inc.,P 0 Box 207362,Dallas, TX 75320-7362 This Proposal,together with its Exhibit A—Scope of Work and Exhibit B-Terms and Conditions,and any additional exhibits that Utility Service Co.,Inc.and the Customer agree to incorporate and attach to this Proposal(collectively,this"Proposal")constitutes the entire and exclusive agreement between Utility Service Co.,Inc.(which for purposes herein shall collectively include its affiliate companies)and Customer(collectively,the"Parties"). This Proposal may be withdrawn by Utility Service Co.,Inc.at any time prior to acceptance. Customer assents to the terms and conditions in Exhibit B and agrees that the terms and conditions in Exhibit B shall govern with respect to this Proposal and the services provided by Utility Service Co.,Inc. No additional or conflicting terms or conditions included in any purchase order,hyperlink,acknowledgement or invoice of Customer not expressly incorporated into this Proposal shall be binding on the Parties or this Proposal. Note: This proposal shall expire automatically Authorized Sixty(60) days following the date of this Proposal. USCI Signature Acceptance of Proposal The prices,scope of work,and terms and conditions of this Proposal are satisfactory and are hereby accepted. Payment will be made by Customer to Utility Service Co.,Inc.as set forth herein. Is Customer Exempt from Sales Tax? No ✓ Yes If Exempt,please provide Sales Tax Exemption Certificate. Fiscal Year Beginning Month Customer Signature Date of Acceptance Printed Name FOR INTERNAL USE ONLY SFID: CN: SO: PPB:Select PPB MP/CS PN: 02026 Utility Service Co.,Inc. CONFIDENTIAL Page 1 Proposal from UTILITY SERVICE CO., INC. 535 Gen_Courtney Hodges Blvd-P O Box 1350-Perry,GA 31069 USG WAT E R Toll-free: 855-526-4413 I Fax: 478-987-2991 - SOLUTIONS - uscrwater.com Exhibit A-Scope of Work Asset S GULF WAY WTP HPT 1 is approximately 5 ft dia x 20 ft Height(Interior)x 20 ft Height(Average Exterior Exposed) Pricing for Assets S GULF WAY WTP HPT 1 and S GULF WAY WTP HPT 2 are contingent upon each other. All work to be performed in a single mobilization. Sandblast media disposed offsite. Air Fitting Change Remove and replace existing pipe nipples and associate piping components Out with galvanized schedule 40 threaded piping and fittings. Install new galvanized threaded fittings using approved pipe dope and Teflon tape as recommended for compressed air service. Replace existing gate valves with new ball valves. Install new pressure gauges on the existing system where required. Perform re-piping modifications on existing accumulator tank piping as discussed during field review. Two (2)flow controls, valves located on top of the accumulator tanks included. Interior Surface Interior Surface Prep- Perform an SSPC-SP10 near white blast to interior Prep and Coatings-surfaces. (2) Hydro Pneumatic Tanks Steel Interior Surface Prime Coat—Apply SW Corathane Galvapac 1k Zinc at 3-5 Mils DFT immediately to blasted surfaces. Steel Interior Surface Stripe Coat-Stripe Coat weld seams with SW Macropoxy 5500It at 2-8 Mils DFT. Interior Surface Topcoat-Apply 1 Full Coat of Sherwin Williams 6000 100% Solids Epoxy at 30-40 Mils DFT. 10-hour cure- return to service. Exterior Surface Exterior Surface Prep—Pressure Wash clean with min 4000 psi. Perform a prep and Coatings- SP3 power tool to failed areas and the heavily corroded lower areas will get a (2) Hydro SP6 spot blast. Pneumatic Tanks Exterior Surface Spot Prime Coat—Apply SW Macropoxy 646 at 2-8 Mils to bare steel spots. Exterior Surface Full Prime Coat—Apply SW Macropoxy 646 at 2-8 Mils to entire exterior filter walls. Exterior Surface Full Topcoat—Apply SW Acrolon 218HS at 2-8 Mils to entire exterior filter walls. Owner to choose color. ©2025 Utility Service Co.,Inc. CONFIDENTIAL Page 2 Proposal from UTILITY SERVICE CO., INC. 535 Gen.Courtney Hodges Blvd-P O Box 1350 Perry,GA 31069 USG WATER Toll-free: 855-526-4413 I Fax: 478-987-2991 - SOLUTIONS - usgw ater.com Notes/Exclusions Scorecard pricing is valid until 09/20/2026. Specialized goods and services are being rendered as part of this Scope of Work. Due to subcontractor and/or supplier requirements, pricing may fluctuate due to current market conditions. Utility Service Co., Inc. reserves the right to request a change order due to unforeseen market conditions that increase the cost of the goods or services provided by suppliers or subcontractors. Underdrain, disinfection, bride distributor, inlet distributor, air wash, nozzle/strainer, filter media disposal and testing, BAC-T Testing, electrical, valve/gasket, and welding work are not included. Any unforeseen field conditions, additional piping modifications,fabrication, crane support, or customer-driven schedule delays are excluded and may require additional billing authorization. Owner shall isolate and drain the Asset prior to renovation operations. Owner shall provide that no moisture or water is entering the Asset during renovation operations. Owner shall perform disinfection in accordance with AWWA C653, any testing, and return of Asset back to service. Owner must supply water and power within 150'of Asset. Lead and/or Asbestos abatement of any kind is not included. USCI is not responsible for differing, latent or hidden conditions, including weather. In the event of a different or unknown problem, UCSI will be entitled to equitable adjustment in price and time to compensate for additional costs. All work is expected to occur during acceptable weather and/or seasonal times. Environmental controls, including dehumidification and auxiliary heating, are not included.Any environmental controls needed will be charged at cost+15%. All workers to have 10-hour OSHA card; any additional safety requirements are subject to request for additional compensation. This proposal is based upon a visual inspection of the Asset. The Owner and the Company hereby acknowledge and agree that a visual inspection is intended to assess the condition of the Asset for all patent defects. If latent defects are identified once the Asset has been drained for repairs, the Owner agrees and acknowledges that the Company shall not be responsible to repair the latent defects unless the Owner and the Company renegotiate pricing. Application of coatings will not hide existing imperfections on the asset. Additional services above and beyond what's listed in this proposal will not be performed without a change order. ©2025 Utility Service Co.,Inc. CONFIDENTIAL Page 3 Proposal from UTILITY SERVICE CO., INC. lJ 535 Gen_Courtney Hodges Blvd-P O Box 1350-Perry,GA 31069 USG WATER Toll-free: 855-526-4413 I Fax: 478-987-2991 - SOLUTIONS - usgwater.com The parties agree as follows: A BuyBoard Contract was awarded to Utility Service Co., Inc. as Contract No. 761-25, as a result of the National Purchasing Cooperative Request for Proposal No. 761-25. The BuyBoard Contract provides for the use of the contract by other states, local governments, school districts, higher education institutions, and other government agencies and non-profit organizations of the United States as participating public agencies under BuyBoard. The Owner is a Member of the National Purchasing Cooperative, eligible to use the BuyBoard Contract. ©2025 Utility Service Co.,Inc. CONFIDENTIAL Page 4 Proposal from UTILITY SERVICE CO., INC. 535 Gen.Courtney Hodges Blvd•P 0 Box 1350•Perry,GA 31069 USG WATER Toll-free: 855-526-4413 I Fax: 478-987-2991 - SOLUTIONS - usgwater.com Exhibit B—Terms and Conditions A. GENERAL TERMS AND CONDITIONS D. ACCESS TO CUSTOMER'S FACILITY OR REAL The Terms and Conditions(the'Terms")of this Proposal govern the sale of services(the PROPERTY 'Services')by Utility Service Co.,Inc.(which for purposes herein shall include its affiliates) to the Customer.All other terms,or variations to these Terms are excluded unless agreed Customer hereby agrees to provide Utility Service Co.,Inc.with reasonable access to explicitly in writing by a numbered amendment to this Proposal executed by Utility Service its facility or real property to perform the Services. 'Reasonable access"shall Include Co.,Inc.and the Customer.Execution of the Proposal by the Customer,whether in writing, passable roads for ingress and egress as well as sufficient usable ground space for on the Internet,by electronic signature,or by a-mad transmission of a signed Proposal Utility Service Co.,Inc.'s equipment and materials needed to perform the Services. shall mean acceptance that these Terms are deemed Incorporated into the Proposal and Unless otherwise provided In this Proposal,the price of this Proposal does not Include shall form the contract between the Customer and Utility Service Co.,Inc.These Terms shall the cost to lease additional real property so that Utility Service Co.,Inc.will have supersede all prior terms,understandings or Proposals between the Customer and Utility sufficient usable ground space to stage its equipment and materials needed to perform Service Co.,Inc. If any part of the Terms should be found to be Invalid or unenforceable the Services. Any such cost would be In addition to the price of the Proposal,and if by a court or other competent authority,then the remainder of the Terms shall not be needed,the Customer agrees to negotiate an amendment to this Proposal to modify affected.Any notice to be given with respect to these Terms by either of the Parties shall the pricing In good faith. be in writing. Notices to the Customer shall be sent to the Customer's address on the Proposal,and any notices to Utility Service Co.,Inc.,including notice of warranty claims by the E. RISK OF LOSS Customer,shall be sent to:Utility Service Co.,Inc.,ATiN: Customer Service Department, Risk of loss or damage to the Equipment,if applicable to this Proposal,shall pass to the 535 General Courtney Hodges Boulevard,Post Office Box 1350,Perry,Georgia 31069. Customer upon delivery of the Equipment to the named place of destination. This Proposal has been issued based on the Information provided by the Customer and on Information currently available to Utility Service Co.,Inc.at the time of Proposal issuance. F. TITLE TO EQUIPMENT Any changes or discrepancies in site conditions,concealed conditions where the Services will be performed,changes In environmental,health,and safety regulations or conditions, If the sale of Equipment Is Included in this Proposal,the title in the Equipment shall remain changes In Customer's financial standing,Customer's requirements,or any other relevant with Utility Service Co.,Inc.until the price of the Proposal is paid In full. The Customer change or discrepancy in the factual basis upon which this Proposal was created may lead assents that Utility Service Co.,Inc.may enter upon the Customer's real property and/or to changes in the offering,including but not limited to,changes in pricing,warranties,quoted facility to repossess the Equipment if payment(s)am not received In full by their due date(s). scope of work,and/or terms and conditions. Unless stated otherwise In the Proposal, G. SCOPE OF WARRANTY performance and/or payment bonds are not included in the price.These bonds can be purchased on request but will be at an additional cost Subject to the limitations contained herein,Utility Service Co.,Inc.represents that for a period of one(1)year from the earlier of:0)the completion of the Services(to include the installation B. PRICES,PAYMENT TERMS,COMMITMENT of the Equipment,if applicable to this Proposal)or(it)the Customer's return to use of the OF CUSTOMER,CREDIT REPORTING AND asset that Is the subject matter of this Proposal('Warranty Period'), the Services and Equipment,if applicable,will be free from defects in materials and workmanship and will TAXES substantially conform to the specifications set forth in Exhibit A('Warranty').WITH THE EXCEPTION OF THE REPRESENTATION IN THE FOREGOING SENTENCE,UTILITY Prices,which are expressed In US Dollars,are only valid for the period stated in the Proposal. SERVICE CO.,INC.MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES OF ANY If not stated,the validity period is ninety(90)days. Unless otherwise stated in the Proposal, KIND WITH RESPECT TO THE SUBJECT MATTER HEREOF AND AU. OTHER the full price shall be due and payable upon completion of the Services,which may or may not WARRANTIES ARE HEREBY DISCLAIMED,INCLUDING,WITHOUT LIMITATION,THE include the installation of Equipment AU of Utility Service Co.,Inc.'s invoices am due and IMPLIED WARRANTY OF MERCHANTABILITY,NON-INFRINGEMENT OR FITNESS FOR payable upon receipt If any payment is not made by the Customer within sixty(60)calendar A PARTICULAR PURPOSE. days following the date of the invoice,Utility Service Co.,Inc.reserves the right to charge a H. NOTIFICATION OF WARRANTY CLAIM late payment charge of one and one-half percent(1.5%)per month of the outstanding past due balance.Any failure by Customer to make timely payment of any obligation under this All claims filed under the Warranty provided in Section G shad be made in writing by the Proposal shall be deemed a breach.Customer agrees to reimburse Utility Service Co.,Inc.for Customer within thirty(30)calendar days of identifying a defect Customer shall provide the all charges,costs,expenses and attomey's fees Incurred to enforce or collect the amounts written notice of the claim to Utility Service Co.,Inc.pursuant to Section A above,and the due under this Proposal. In the event Customer has a valid dispute with any Invoice or Customer shall provide the following Information in the written notice:(I)a description of the amount due,such dispute must be communicated In writing to Utility Service Co.,Inc.within defect giving rise to the claim;(t)photographs showing the defect;and(iti)if the claim is thirty(30)days of the invoice date,describing the amount,issue and the reason for any related to Equipment,the serial number(s)of the Equipment which is(are)the subject of the dispute.Any amounts not disputed within this time frame will be deemed to be valid.Utility claim. Service Co.,Inc.and Customer agree to work expeditiously to resolve any dispute. Customer agrees to notify Linty Service Co.,Inc.within thirty(30)days of any change In Customer's name,address,or phone number.By executing this Proposal,Customer authorizes Utility I. EXCLUSIONS FROM WARRANTY Service Co.,Inc.to periodically request your credit reports and bank and trade references. Occurrence of any of the following,as reasonably determined by Utility Service Co.,Inc., whUpon your request,ivedsuchc willreport,ify any.0 of the name and address of the Proposalrep excludes agencyiltaxesfrom will void the Warranty: (i)unauthorized alteration of any component(s)of the Services or unleshs we specificallyrece stated a otherwiseeport,if r The price listed sn the si led for papayment the Equipment,if applicable,originally supplied by Utility Service Co.,Inc.,or�)Intentional unless stated In the Proposal.The Customer is responsible payment of all applicable taxes,however designated or Incurred in connection with the transactions or negligent damage to Utility Service Co., Inc.'s work product or the Equipment,if under this Proposal,and agrees to reimburse Utility Service Co.,Inc.for any taxes paid on applicable to this Proposal,caused by any other person or entity,including but not limited Customer's behalf. to,the Customer and its officers,employees,agents,contractors,and assigns. C. DELIVERY OF SERVICES AND INSTALLATION J. VERIFICATION OF WARRANTY CLAIM OF EQUIPMENT Utility Service Co.,Inc.shall contact Customer following its receipt of notice of a claim under the Warranty. Utility Service Co.,Inc.reserves the right to request additional information The provision of Services as contemplated herein might require the installation of certain from the Customer or to conduct an on-site inspection of its work or the Equipment,if equipment(the'Equipment')on the Customer's real property or on the Improvements to the applicable to this Proposal,before accepting a claim. The Parties agree to cooperate and Customer's real property(e.g.,water storage tank,etc.).All times and dates for the delivery of work in good faith to provide any additional information needed or to schedule an on-site Services and/or Installation of Equipment are approximate,but Utility Service Co.,Inc.shall visit by Utility Service Co.,Inc.'s personnel to visibly Inspect the work and the Equipment,if use its reasonable efforts to respect them. The Parties shall each make commercially applicable. Furthermore,Utility Service Co.,Inc.reserves the right to have a third party reasonable efforts to schedule the Services after the date this Proposal is executed by the participate in the inspection of the work to verify whether the work or Equipment,if Customer. Utility Service Co.,Inc.shall not be liable for any loss or damage resulting from applicable,is defective under the terms of the Warranty. late delivery of the Services or installation of Equipment. 0 2026 Utility Service Co.,Inc. CONFIDENTIAL Page 4 Proposal from UTILITY SERVICE CO., INC. 535 Gen.Courtney Hodges Blvd•P 0 Box 1350•Perry,GA 31069 USG WATER Toll-free: 855-526-4413 I Fax: 478-987-2991 — SOLUTIONS - usgwater.com Exhibit B—Terms and Conditions(Continued) K. SATISFACTION OF WARRANTY CLAIM If Utility Service Co.,Inc.verifies,in good faith,that a claim under the Warranty is valid and not subject to an exclusion pursuant to Section I above,Utility Service Co.,Inc.agrees to repair or replace,without expense to the Customer,any workmanship,materials,and/or Equipment,if applicable,furnished hereunder that may prove defective within the Warranty Period. The Warranty provided in this Proposal shall be the sole and exclusive remedy of the Customer. L. INDEMNIFICATION Utility Service Co.,Inc.shall indemnify and hold harmless Customer from all claims for physical damage to third party property or Injury to persons,including death,to the extent caused by the negligence of Utility Service Co.,Inc.or its officers,agents,employees, and/or assigns while engaged In activities under this Proposal. Customer shall likewise Indemnify and hold harmless Utility Service Co.,Inc.from all claims for physical damage to third party property or injury to persons,including death,to the extent caused by negligence of the Customer or its officers,agents,employees,and/or assigns. In the event such damage or injury Is caused by joint or concurrent negligence of Utility Service Co.,Inc.and Customer,the loss shall be borne by each Party in proportion to Its negligence. For the purpose of this Section L,(i)`Third party'shall not include Customer or any subsequent owner of the property where the Services were performed or Equipment,if applicable,their subsidiaries,parents,affiliates,agents,successors or assigns Including any operation or maintenance contractor,or their insurer,and CI)no portion of the Equipment is'third party property'. M. FORCE MAJEURE Utility Service Co.,Inc.shall not be liable to the Customer for non-performance or delay in performance of any of its obligations under this Proposal due to:(i)acts of God(which include,but are not limited to,tropical storms,hurricanes,tornadoes,and earthquakes),(II) failure of the Internet or another network, (lit)war,(Iv)riot,(v)civil commotion, (vI) embargo,(vii)labor disputes,(viii)labor strikes,(ix)fire,(x)flood,(xi)theft,(xi) epidemic, (xiii)pandemic(including COVID-19),(xiv)delay in delivery of services,materials,or equipment by subcontractors, suppliers, or manufacturers, (xv) shortage of labor or materials,or(xv)any other unforeseen event(whether or not similar in nature to those specified)outside the reasonable control of Utility Service Co.,Inc. N. LIMITATION OF LIABILITY Neither the Customer nor Utility Service Co.,Inc.shall be liable to the other for any economic(including,without limitation,loss of revenues,profits,contracts,business or anticipated savings),special,Indirect,incidental,exemplary,punitive or consequential losses or damages or loss of goodwill In any way whether such liability Is based on tort, contract,negligence,strict liability,product liability or otherwise arising from or relating to this Proposal or resulting from the use or the Inability to use the Services or Equipment,if applicable to this Proposal,or the performance or non-performance of the Services or Equipment,if applicable.It is the responsibility of the Customer to Insure itself in this regard if it so desires. The liability limit of Utility Service Co., Inc. and Its affiliate companies under this Proposal,whether based in contract,warranty, tort(including negligence),strict liability,product liability or otherwise shall not exceed the price that the Customer agrees to pay Utility Service Co.,Inc.in this Proposal. 0. GOVERNING LAW AND DISPUTE RESOLUTION This Proposal and these Terms shall be construed in accordance with the laws of the state of Georgia without regard to the conflict of law principle. In the event of a dispute concerning this Proposal,the complaining Party shall notify the other Party in writing thereof. Management level representatives of both Parties shall meet at an agreed location and attempt to resolve the dispute in good faith. Should the dtspute not be resolved within sixty(60)days after such notice, the complaining Party shall seek remedies exclusively through arbitration. The seat of arbitration shall be the federal district court closest to the location where the Services were performed or are scheduled to be performed,and the rules of arbitration will be the Commercial Arbitration Rules of American Arbitration Association,which are incorporated herein by reference into this Section 0. 0 2026 Utility Service Co.,Inc. CONFIDENTIAL Page 5 Proposal from UTILITY SERVICE CO., INC. 535 Gen.Courtney Hodges Blvd•P 0 Box 1350•Perry,GA 31069 USG WATER Toll-free: 855-526-4413 I Fax: 478-987-2991 — SOLUTIONS— usgwater.com Date: 07/22/26 Submitted by: Michael Williams Local Phone: (936)648-8693 SFID: 187532 MP/CS Asset: n Entity Proposal Submitted To("Customer"): Phone Number: Fax Number: City of Port Arthur,TX 4099838182 Street Address: Description of Work to be Performed: 444 4th street Concrete Plant Services City: State: Zip Code: Asset Name: Port Arthur TX 77640 S Gulf Way WTP HPT 2 Accounts Payable Contact Name: Email: Job Site Address: Jess Liao jess.liao@portarthurtx.gov 2170 S GULFWAY DR Job Contact(Inspection Reports): Email: County/Parish: Asset Size: Asset Style: Daryll Harmon daryll.harmon@portarthurtx.gov Jefferson 5,000 GAL Hydro-Pneumatic Utility Service Co.,Inc.agrees to provide all labor,equipment,and materials needed to complete the following: Please see attached Exhibit(s), which are incorporated herein by reference: 1. Exhibit A—Scope of Work 2. Exhibit B—Terms and Conditions Please sign and date this proposal and fax one copy to our office. Ninety-Two Thousand Seven Hundred Sixty-Three and---------------------------00/100 Dollars $ 92,763.00 Payment to be made as follows: Payment Due in Full Upon Completion of Work—plus all applicable taxes Remittance Address: Utility Service Co.,Inc.,P 0 Box 207362,Dallas, TX 75320-7362 This Proposal,together with its Exhibit A—Scope of Work and Exhibit B-Terms and Conditions,and any additional exhibits that Utility Service Co.,Inc.and the Customer agree to incorporate and attach to this Proposal(collectively,this"Proposal')constitutes the entire and exclusive agreement between Utility Service Co.,Inc.(which for purposes herein shall collectively include its affiliate companies)and Customer(collectively,the"Parties"). This Proposal may be withdrawn by Utility Service Co.,Inc.at any time prior to acceptance. Customer assents to the terms and conditions in Exhibit B and agrees that the terms and conditions in Exhibit B shall govern with respect to this Proposal and the services provided by Utility Service Co.,Inc. No additional or conflicting terms or conditions included in any purchase order,hyperlink,acknowledgement or invoice of Customer not expressly incorporated into this Proposal shall be binding on the Parties or this Proposal. Note: This proposal shall expire automatically Authorized Sixty(60) days following the date of this Proposal. USCI Signature Acceptance of Proposal The prices,scope of work,and terms and conditions of this Proposal are satisfactory and are hereby accepted. Payment will be made by Customer to Utility Service Co.,Inc.as set forth herein. Is Customer Exempt from Sales Tax? No Yes If Exempt,please provide Sales Tax Exemption Certificate. Fiscal Year Beginning Month Customer Signature Date of Acceptance Printed Name FOR INTERNAL USE ONLY SFID: CN: SO: PPB: Select PPB MP/CS PN: 0 2026 Utility Service Co.,Inc. CONFIDENTIAL Page 1 Proposal from UTILITY SERVICE CO., INC. 535 Gen.Courtney Hodges Blvd-P 0 Box 1350-Perry,GA 31069 USG WATER Toll-free: 855-526-4413 I Fax: 478-987-2991 - SOLUTIONS- usg ater.com Exhibit A -Scope of Work Asset S GULF WAY WTP HPT 2 is approximately 5 ft dia x 20 ft Height(Interior)x 20 ft Height(Average Exterior Exposed) Pricing for Assets S GULF WAY WTP HPT 1 and S GULF WAY WTP HPT 2 are contingent upon each other. All work to be performed in a single mobilization. Sandblast media disposed offsite. Air Fitting Change Remove and replace existing pipe nipples and associate piping components Out with galvanized schedule 40 threaded piping and fittings. Install new galvanized threaded fittings using approved pipe dope and Teflon tape as recommended for compressed air service. Replace existing gate valves with new ball valves. Install new pressure gauges on the existing system where required. Perform re-piping modifications on existing accumulator tank piping as discussed during field review. Two (2)flow controls, valves located on top of the accumulator tanks included. Interior Surface Interior Surface Prep- Perform an SSPC-SP10 near white blast to interior Prep and Coatings-surfaces. (2) Hydro Pneumatic Tanks Steel Interior Surface Prime Coat—Apply SW Corathane Galvapac 1k Zinc at 3-5 Mils DFT immediately to blasted surfaces. Steel Interior Surface Stripe Coat-Stripe Coat weld seams with SW Macropoxy 5500It at 2-8 Mils DFT. Interior Surface Topcoat-Apply 1 Full Coat of Sherwin Williams 6000 100% Solids Epoxy at 30-40 Mils DFT. 10-hour cure- return to service. Exterior Surface Exterior Surface Prep—Pressure Wash clean with min 4000 psi. Perform a prep and Coatings- SP3 power tool to failed areas and the heavily corroded lower areas will get a (2) Hydro SP6 spot blast. Pneumatic Tanks Exterior Surface Spot Prime Coat—Apply SW Macropoxy 646 at 2-8 Mils to bare steel spots. Exterior Surface Full Prime Coat—Apply SW Macropoxy 646 at 2-8 Mils to entire exterior filter walls. Exterior Surface Full Topcoat—Apply SW Acrolon 218HS at 2-8 Mils to entire exterior filter walls. Owner to choose color. ©2025 Utility Service Co.,Inc. CONFIDENTIAL Page 2 Proposal from UTILITY SERVICE CO., INC. 535 Gen.Courtney Hodges Blvd-P O Box 1350-Perry,GA 31069 USG WAT E R Toll-free: 855-526-4413 I Fax: 478-987-2991 - SOLUTIONS - usgwater.com Notes/Exclusions Scorecard pricing is valid until 09/20/2026. Specialized goods and services are being rendered as part of this Scope of Work. Due to subcontractor and/or supplier requirements, pricing may fluctuate due to current market conditions. Utility Service Co., Inc. reserves the right to request a change order due to unforeseen market conditions that increase the cost of the goods or services provided by suppliers or subcontractors. Underdrain, disinfection, bride distributor, inlet distributor, air wash, nozzle/strainer, filter media disposal and testing, BAC-T Testing, electrical, valve/gasket, and welding work are not included. Any unforeseen field conditions, additional piping modifications,fabrication, crane support, or customer-driven schedule delays are excluded and may require additional billing authorization. Owner shall isolate and drain the Asset prior to renovation operations. Owner shall provide that no moisture or water is entering the Asset during renovation operations. Owner shall perform disinfection in accordance with AWWA C653, any testing, and return of Asset back to service. Owner must supply water and power within 150' of Asset. Lead and/or Asbestos abatement of any kind is not included. USCI is not responsible for differing, latent or hidden conditions, including weather. In the event of a different or unknown problem, UCSI will be entitled to equitable adjustment in price and time to compensate for additional costs. All work is expected to occur during acceptable weather and/or seasonal times. Environmental controls, including dehumidification and auxiliary heating, are not included.Any environmental controls needed will be charged at cost+15%. All workers to have 10-hour OSHA card; any additional safety requirements are subject to request for additional compensation. This proposal is based upon a visual inspection of the Asset. The Owner and the Company hereby acknowledge and agree that a visual inspection is intended to assess the condition of the Asset for all patent defects. If latent defects are identified once the Asset has been drained for repairs, the Owner agrees and acknowledges that the Company shall not be responsible to repair the latent defects unless the Owner and the Company renegotiate pricing. Application of coatings will not hide existing imperfections on the asset. Additional services above and beyond what's listed in this proposal will not be performed without a change order. ©2025 Utility Service co.,Inc. CONFIDENTIAL Page 3 Proposal from UTILITY SERVICE CO., INC. 535 Gen.Courtney Hodges Blvd-P 0 Box 1350-Perry,GA 31069 USG WATER Toll-free: 855-526-4413 I Fax: 478-987-2991 - SOLUTIONS - usgwater.com The parties agree as follows: A BuyBoard Contract was awarded to Utility Service Co., Inc. as Contract No. 761-25, as a result of the National Purchasing Cooperative Request for Proposal No. 761-25. The BuyBoard Contract provides for the use of the contract by other states, local governments, school districts, higher education institutions, and other government agencies and non-profit organizations of the United States as participating public agencies under BuyBoard. The Owner is a Member of the National Purchasing Cooperative, eligible to use the BuyBoard Contract. ©2025 Utility Service Co.,Inc. CONFIDENTIAL Page 4 - ..--. __-1 Proposal from `}� UTILITY SERVICE CO., INC. ,J 535 Gen.Courtney Hodges Blvd•P 0 Box 1350•Perry,GA 31069 USG WATER Toll-free: 855-526-4413 I Fax: 478-987-2991 — SOLUTIONS — usgwater.com Exhibit B—Terms and Conditions A. GENERAL TERMS AND CONDITIONS D. ACCESS TO CUSTOMER'S FACILITY OR REAL The Terms and Conditions(the'Terms')of this Proposal govern the sale of services(the PROPERTY 'Services°)by Utility Service Co.,Inc.(which for purposes herein shall Include its affiliates) to the Customer.All other terms,or variations to these Terms are excluded unless agreed Customer hereby agrees to provide Utility Service Co.,Inc.with reasonable access to explicitly in writing by a numbered amendment to this Proposal executed by Utility Service its facility or real property to perform the Services. 'Reasonable access°shall Include Co.,Inc.and the Customer.Execution of the Proposal by the Customer,whether in writing, passable roads for ingress and egress as well as sufficient usable ground space for on the Internet,by electronic signature,or by e-mail transmission of a signed Proposal Utility Service Co.,Inc.'s equipment and materials needed to perform the Services. shall mean acceptance that these Terms are deemed Incorporated into the Proposal and Unless otherwise provided in this Proposal,the price of this Proposal does not Include shall form the contract between the Customer and Utility Service Co.,Inc.These Terms shall the cost to lease additional real property so that Utility Service Co.,Inc.will have supersede all prior terms,understandings or Proposals between the Customer and Utility sufficient usable ground space to stage its equipment and materials needed to perform Service Co.,Inc. If any part of the Terms should be found to be Invalid or unenforceable the Services. Any such cost would be in addition to the price of the Proposal,and if by a court or other competent authority,then the remainder of the Terms shall not be needed,the Customer agrees to negotiate an amendment to this Proposal to modify affected.Any notice to be given with respect to these Terms by either of the Parties shall the pricing In good faith. be in writing. Notices to the Customer shall be sent to the Customer's address on the Proposal,and any notices to Utility Service Co.,Inc.,including notice of warranty claims by the E. RISK OF LOSS Customer,shall be sent to:Utility Service Co.,Inc.,ATTN: Customer Service Department, Risk of loss or damage to the Equipment,if applicable to this Proposal,shall pass to the 535 General Courtney Hodges Boulevard,Post Office Box 1350,Perry,Georgia 31069. Customer upon delivery of the Equipment to the named place of destination. This Proposal has been issued based on the information provided by the Customer and on information currently available to Utility Service Co.,Inc.at the time of Proposal Issuance. F. TITLE TO EQUIPMENT Any changes or discrepancies in site conditions,concealed conditions where the Services will be performed,changes in environmental,health,and safety regulations or conditions, If the sale of Equipment Is included in this Proposal,the title in the Equipment shall remain changes in Customer's financial standing,Customer's requirements,or any other relevant with Utility Service Co.,Inc.until the price of the Proposal is paid in full. The Customer change or discrepancy in the factual basis upon which this Proposal was created may lead assents that Utility Service Co.,Inc.may enter upon the Customer's real property and/or to changes In the offering,Including but not limited to,changes in pricing,warranties,quoted facility to repossess the Equipment if payment(s)are not received in full by their due date(s). scope of work,and/or terms and conditions. Unless stated otherwise in the Proposal, G. SCOPE OF WARRANTY performance and/or payment bonds are not Included in the price.These bonds can be purchased on request but will be at an additional cost Subject to the limitations contained herein,Utility Service Co.,Inc.represents that for a period of one(1)year from the earlier of:(i)the completion of the Services(to include the installation B. PRICES,PAYMENT TERMS,COMMITMENT of the Equipment,if applicable to this Proposal)or(ii)the Customer's return to use of the OF CUSTOMER,CREDIT REPORTING AND asset that is the subject matter of this Proposal ("Warranty Period"),the Services and Equipment,if applicable,will be free from defects in materials and workmanship and will TAXES substantially conform to the specifications set forth in Exhibit A("Warranty").WITH THE EXCEPTION OF THE REPRESENTATION IN THE FOREGOING SENTENCE,UTILITY Prices,which are expressed in US Dollars,are only valid for the period stated In the Proposal. SERVICE CO.,INC.MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES OF ANY If not stated,the validity period is ninety(90)days. Unless otherwise stated in the Proposal, KIND WITH RESPECT TO THE SUBJECT MATTER HEREOF AND ALL OTHER the full price shall be due and payable upon completion of the Services,which may or may not WARRANTIES ARE HEREBY DISCLAIMED,INCLUDING,WITHOUT LIMITATION,THE Include the installation of Equipment Al)of Utility Service Co.,Inc.'s invoices are due and IMPLIED WARRANTY OF MERCHANTABILITY,NON-INFRINGEMENT OR FITNESS FOR payable upon receipt. If any payment is not made by the Customer within sixty(60)calendar A PARTICULAR PURPOSE. days following the date of the invoice,Utility Service Co.,Inc.reserves the right to charge a H. NOTIFICATION OF WARRANTY CLAIM late payment charge of one and one-half percent(1.5%)per month of the outstanding past due balance.Any failure by Customer to make timely payment of any obligation under this All claims filed under the Warranty provided in Section G shall be made in writing by the Proposal shall be deemed a breach.Customer agrees to reimburse Utility Service Co.,Inc.for Customer within thirty(30)calendar days of identifying a defect Customer shall provide the all charges,costs,expenses and attomey's fees incurred to enforce or collect the amounts written notice of the claim to Utility Service Co.,Inc.pursuant to Section A above,and the due under this Proposal. In the event Customer has a valid dispute with any invoice or Customer shall provide the following information in the written notice:(i)a description of the amount due,such dispute must be communicated in writing to Utility Service Co.,Inc.within defect giving rise to the claim;(ii)photographs showing the defect and pal)if the claim is thirty(30)days of the invoice date,describing the amount,issue and the reason for any related to Equipment,the serial number(s)of the Equipment which is(are)the subject of the dispute.Any amounts not disputed within this time frame will be deemed to be valid.Utility claim. Service Co.,Inc.and Customer agree to work expeditiously to resolve any dispute. Customer agrees to notify Utility Service Co.,Inc.within thirty(30)days of any change in Customer's name,address,or phone number.By executing this Proposal,Customer authorizes Utility I. EXCLUSIONS FROM WARRANTY Service Co.,Inc.to periodically request your credit reports and bank and trade references. Occurrence of any of the following,as reasonably determined by Utility Service Co.,Inc., Upon your request,suchwe will inform you of.the name and address of the Proposalrep excludesxc agency from will void the Warranty: p)unauthorized alteration of any component(s)of the Services or which specificallywe received a a report,if any. The price listed sn the eo all taxes the Equipment,if applicable,originally supplied by Utility Service Co.,Inc.,or(II)Intentional unless stated otherwise in the Proposal.The Customer is responsible for payment of all applicable taxes,however designated or incurred In connection with the transactions or negligent damage to Utility Service Co., Inc.'s work product or the Equipment,If under this Proposal,and agrees to reimburse Utility Service Co.,Inc.for any taxes paid on applicable to this Proposal,caused by any other person or entity,including but not limited Customer's behalf. to,the Customer and its officers,employees,agents,contractors,and assigns. C. DELIVERY OF SERVICES AND INSTALLATION J. VERIFICATION OF WARRANTY CLAIM OF EQUIPMENT Utility Service Co.,Inc.shall contact Customer following Its receipt of notice of a claim under the Warranty. Utility Service Co.,Inc.reserves the right to request additional information The provision of Services as contemplated herein might require the Installation of certain from the Customer or to conduct an on-site Inspection of its work or the Equipment,if equipment(the•Equipment')on the Customer's real property or on the improvements to the applicable to this Proposal,before accepting a claim. The Parties agree to cooperate and Customer's real property(e.g.,water storage tank,etc.).All times and dates for the delivery of work In good faith to provide any additional Information needed or to schedule an on-site Services and/or Installation of Equipment are approximate,but Utility Service Co.,Inc.shall visit by Utility Service Co.,Inc.'s personnel to visibly Inspect the work and the Equipment,if use its reasonable efforts to respect them. The Parties shall each make commercially applicable. Furthermore,Utility Service Co.,Inc.reserves the right to have a third party reasonable efforts to schedule the Services after the date this Proposal Is executed by the participate In the Inspection of the work to verify whether the work or Equipment,if Customer. Uhlity Service Co.,Inc.shall not be liable for any loss or damage resulting from applicable,Is defective under the terms of the Warranty. late delivery of the Services or installation of Equipment 0 2026 Utility Service Co.,Inc. CONFIDENTIAL Page 4 Proposal from UTILITY SERVICE CO., INC. 535 Gen.Courtney Hodges Blvd•P 0 Box 1350•Perry,GA 31069 USG WATER Toll-free: 855-526-4413 I Fax: 478-987-2991 — SOLUTIONS - usgwater.com Exhibit B—Terms and Conditions(Continued) K. SATISFACTION OF WARRANTY CLAIM If Utility Service Co.,Inc.verifies,In good faith,that a claim under the Warranty Is valid and not subject to an exclusion pursuant to Section I above,Utility Service Co.,Inc.agrees to repair or replace,without expense to the Customer,any workmanship,materials,and/or Equipment,if applicable,furnished hereunder that may prove defective within the Warranty Period. The Warranty provided In this Proposal shall be the sole and exclusive remedy of the Customer. L. INDEMNIFICATION Utility Service Co.,Inc.shall Indemnify and hold harmless Customer from all claims for physical damage to third party property or injury to persons,including death,to the extent caused by the negligence of Utility Service Co.,Inc.or its officers,agents,employees, and/or assigns while engaged in activities under this Proposal. Customer shall tkewise indemnify and hold harmless Utility Service Co.,Inc.from all claims for physical damage to third party property or Injury to persons,including death,to the extent caused by negligence of the Customer or its officers,agents,employees,and/or assigns. In the event such damage or Injury is caused by joint or concurrent negligence of Utility Service Co.,Inc.and Customer,the loss shall be borne by each Party in proportion to its negligence. For the purpose of thiss Section L,()'Third party'shall not include Customer or any subsequent owner of the property where the Services were performed or Equipment,if applicable,their subsidiaries,parents,affiliates,agents,successors or assigns Including any operation or maintenance contractor,or their Insurer,and(ii)no portion of the Equipment is'third party property'. M. FORCE MAJEURE Utility Service Co.,Inc.shall not be liable to the Customer for non-performance or delay in performance of any of its obligations under this Proposal due to:()acts of God(which Include,but are not limited to,tropical storms,hurricanes,tornadoes,and earthquakes),(II) failure of the Internet or another network, (iii)war, (iv)riot,(v)civil commotion, (vt) embargo,(vii)labor disputes,(viii)labor strikes,(ix)fire,(x)flood,(xi)theft,(xli) epidemic, (xli)pandemic(including C0V1a19),(xiv)delay in delivery of services,materials,or equipment by subcontractors, suppliers, or manufacturers, (xv) shortage of labor or materials,or(xvi)any other unforeseen event(whether or not similar in nature to those specified)outside the reasonable control of Utility Service Co.,Inc. N. LIMITATION OF LIABILITY Neither the Customer nor Utility Service Co.,Inc.shall be liable to the other for any economic(including,without limitation,loss of revenues,profits,contracts,business or anticipated savings),special,Indirect,incidental,exemplary,punitive or consequential losses or damages or loss of goodwill In any way whether such liability is based on tort, contract,negligence,strict liability,product liability or otherwise arising from or relating to this Proposal or resulting from the use or the Inability to use the Services or Equipment,if applicable to this Proposal,or the performance or non-performance of the Services or Equipment,if applicable.It is the responsibility of the Customer to insure itself in this regard if it so desires. The liability limit of Utility Service Co., Inc. and Its affiliate companies under this Proposal,whether based in contract,warranty, tort(including negligence),strict liability,product liability or otherwise shall not exceed the price that the Customer agrees to pay Utility Service Co.,Inc.In thiss Proposal. 0. GOVERNING LAW AND DISPUTE RESOLUTION This Proposal and these Terms shall be construed in accordance with the laws of the state of Georgia without regard to the conflict of law principle. In the event of a dispute concerning this Proposal,the complaining Party shall notify the other Party in writing thereof. Management level representatives of both Pates shall meet at an agreed location and attempt to resolve the dispute In good faith. Should the dispute not be resolved within sixty(60)days after such notice,the complaining Party shall seek remedies exclusively through arbitration. The seat of arbitration shall be the federal district court closest to the location where the Services were performed or are scheduled to be performed,and the rules of arbitration will be the Commercial Arbitration Rules of American Arbitration Association,which are incorporated herein by reference Into this Section 0. 0 2026 Utility Service Co.,Inc. CONFIDENTIAL Page 5 Proposal from UTILITY SERVICE CO., INC. 535 Gen.Courtney Hodges Blvd•P 0 Box 1350•Perry,GA 31069 USG WATER Toll-free: 855-526-4413 I Fax: 478-987-2991 — SOLUTIONS — usgwater.com Date: 07/22/26 Submitted by: Michael Williams Local Phone: (936)648-8693 SFID: 198615 MP/CS Asset: n Entity Proposal Submitted To("Customer"): Phone Number: Fax Number: City of Port Arthur,TX 4099838182 Street Address: Description of Work to be Performed: 444 4th street Concrete Plant Services City: State: Zip Code: Asset Name: Port Arthur TX Port HPT Accounts Payable Contact Name: Email: Job Site Address: Jess Liao jess.liao@portarthurtx.gov PUBLIC RD AND W 15TH STREET Job Contact(Inspection Reports): Email: County/Parish: Asset Size: Asset Style: Daryll Harmon daryll.harmon@portarthurtx.gov Jefferson 10,000 GAL Hydro-Pneumatic Utility Service Co.,Inc.agrees to provide all labor,equipment,and materials needed to complete the following: Please see attached Exhibit(s), which are incorporated herein by reference: 1. Exhibit A—Scope of Work 2. Exhibit B—Terms and Conditions • Please sign and date this proposal and fax one copy to our office. Eighty-Five Thousand Ninety-Seven and 00/100 Dollars $ 85,097.00 Payment to be made as follows: Payment Due in Full Upon Completion of Work—plus all applicable taxes Remittance Address: Utility Service Co.,Inc.,P 0 Box 207362,Dallas, TX 75320-7362 This Proposal,together with its Exhibit A—Scope of Work and Exhibit B-Terms and Conditions,and any additional exhibits that Utility Service Co.,Inc.and the Customer agree to incorporate and attach to this Proposal(collectively,this"Proposal")constitutes the entire and exclusive agreement between Utility Service Co.,Inc.(which for purposes herein shall collectively include its affiliate companies)and Customer(collectively,the"Parties"). This Proposal may be withdrawn by Utility Service Co.,Inc.at any time prior to acceptance. Customer assents to the terms and conditions in Exhibit B and agrees that the terms and conditions in Exhibit B shall govern with respect to this Proposal and the services provided by Utility Service Co.,Inc. No additional or conflicting terms or conditions included in any purchase order,hyperlink,acknowledgement or invoice of Customer not expressly incorporated into this Proposal shall be binding on the Parties or this Proposal. Note: This proposal0 shall expire automaticallywg Authorized Sixty(60) days following the date of this Proposal. USCI Signature Acceptance of Proposal The prices,scope of work,and terms and conditions of this Proposal are satisfactory and are hereby accepted. Payment will be made by Customer to Utility Service Co.,Inc.as set forth herein. Is Customer Exempt from Sales Tax? No ✓ Yes If Exempt,please provide Sales Tax Exemption Certificate. Fiscal Year Beginning Month Customer Signature Date of Acceptance Printed Name FOR INTERNAL USE ONLY SFID: CN: SO: PPB: TF NIP/CS PN: 0 2026 Utility Service Co.,Inc. CONFIDENTIAL Page 1 Proposal from UTILITY SERVICE CO., INC. 535 Gen.Courtney Hodges Blvd-P O Box 1350 Perry,GA 31069 USG WATER Toll-free: 855-526-4413 I Fax: 478-987-2991 - SOLUTIONS - usgwafer.com Exhibit A-Scope of Work Asset PORT HPT is approximately 7 ft Diameter x 20 ft Height(Interior) x 20 ft Height(Average Exterior Exposed) Owner to drain tank prior to arrival. Work to be performed in one mobilization in conjuction with Gulf Way WTP HPT 1 and Gulf Way WTP HPT 2. Hydropneumatic Contractor shall open and access one additional hydropneumatic pressure Vessel Washout vessel, approximately 7' diameter, for interior washout. Work includes pressure washing interior steel surfaces, vacuum removal of wash water, sediment, loose debris, and residual material, followed by disinfection of the vessel interior. Removed wash water and debris shall be collected by vacuum equipment and disposed of in accordance with project requirements. Work excludes abrasive blasting, coating, structural repairs, pit welding, nozzle repairs, and replacement of gaskets, valves, or appurtenances unless specifically added by written change order. Exterior Surface Exterior Surface Prep—Pressure Wash clean with min 4000 psi. Perform a Prep and Coatings SP3 power tool to failed areas and the heavily corroded lower areas will get a —(1) Hydro SP6 spot blast. Pneumatic Tanks Exterior Surface Spot Prime Coat—Apply SW Macropoxy 646 at 2-8 Mils to bare steel spots. Exterior Surface Full Prime Coat—Apply SW Macropoxy 646 at 2-8 Mils to entire exterior filter walls. Exterior Surface Full Topcoat—Apply SW Acrolon 218HS at 2-8 Mils to entire exterior filter walls. Owner to choose color. Hatch Replacement Cut out existing manways. Clean and prep openings to accept new manways. Fit and weld new manways. Post weld cleanup of any splatter and removal of debris. Welding work to be done in a single 12 hour work day. No pressure testing included, this item can be performed at an additional cost. Any onsite down time due to project delays or permit/work approval will result in a change order based on an hourly rate. ©2025 Utility Service Co.,Inc. CONFIDENTIAL Page 2 Proposal from UTILITY SERVICE CO., INC. 535 Gen_Courtney Hodges Blvd-P O Box 1350-Perry,GA 31069 USG WATER Toll-free: 855-526-4413 I Fax: 478-987-2991 - SOLUTIONS - usgwater.com Notes/Exclusions Scorecard pricing is valid until 09/20/2026. Specialized goods and services are being rendered as part of this Scope of Work. Due to subcontractor and/or supplier requirements, pricing may fluctuate due to current market conditions. Utility Service Co., Inc. reserves the right to request a change order due to unforeseen market conditions that increase the cost of the goods or services provided by suppliers or subcontractors. Owner shall isolate and drain the Asset prior to renovation operations. Owner shall provide that no moisture or water is entering the Asset during renovation operations. Interior disinfection of Asset walls,floor, and ceiling in accordance with AWWA C652/C653 (Contact Spray Method) is included. Owner shall perform any testing and return of Asset back to service. Owner must supply water and power within 150' of Asset. Lead and/or Asbestos abatement of any kind is not included. Pricing excludes multiple mobilizations, underdrain demo/replacement, bride/ inlet distributor replacement, air wash replacement, nozzle/strainer replacement, filter media dispoal/testing, BAC-T Tests, electrical/valve/gasket work/replacement. Welding/pit welding not included. Interior prep and coatings are not included. Under no circumstances will USG apply coatings, perform repairs, or otherwise work over areas exhibiting active water intrusion, seepage, condensation, or visible dampness. The determination of whether an area is sufficiently dry and sound for work shall be made solely at the discretion of USG. USG reserves the absolute right to refuse, exclude, or delay work in any area where water intrusion or moisture is present, without penalty, until proper remediation by the Owner is complete. The Customer is solely responsible for ensuring all water sources are isolated, all valves are sealed or plugged, and any leaks are repaired prior to Contractor mobilization. The Customer must provide and maintain a dry working environment throughout the project. Customer is responsible for vacuum media removal. Any delays caused by active water infiltration, lack of proper isolation, or failure to provide a dry work surface may result in demobilization and/or additional charges for remobilization, labor standby, and schedule disruption. USCI is not responsible for differing, latent or hidden conditions, including weather. ©2025 Utility Service Co.,Inc. CONFIDENTIAL Page 3 Proposal from UTILITY SERVICE CO., INC. 535 Gen_Courtney Hodges Blvd-P O Box 1350-Perry,GA 31069 USG WATER Toll-free: 855-526-4413 I Fax: 478-987-2991 - SOLUTIONS - usgwater_com In the event of a different or unknown problem, UCSI will be entitled to equitable adjustment in price and time to compensate for additional costs. All work is expected to occur during acceptable weather and/or seasonal times. Environmental controls, including dehumidification and auxiliary heating, are not included. Any environmental controls needed will be charged at cost +15%. All workers to have 10-hour OSHA card; any additional safety requirements are subject to request for additional compensation. This proposal is based upon a visual inspection of the Asset. The Owner and the Company hereby acknowledge and agree that a visual inspection is intended to assess the condition of the Asset for all patent defects. If latent defects are identified once the Asset has been drained for repairs, the Owner agrees and acknowledges that the Company shall not be responsible to repair the latent defects unless the Owner and the Company renegotiate pricing. Application of coatings will not hide existing imperfections on the asset. Additional services above and beyond what's listed in this proposal will not be performed without a change order. The parties agree as follows: A BuyBoard Contract was awarded to Utility Service Co., Inc. as Contract No. 761-25, as a result of the National Purchasing Cooperative Request for Proposal No. 761-25. The BuyBoard Contract provides for the use of the contract by other states, local governments, school districts, higher education institutions, and other government agencies and non-profit organizations of the United States as participating public agencies under BuyBoard. The Owner is a Member of the National Purchasing Cooperative, eligible to use the BuyBoard Contract. ©2025 Utility Service Co.,Inc. CONFIDENTIAL Page 4 Proposal from . �'J UTILITY SERVICE CO., INC. ,J 535 Gen. Courtney Hodges Blvd•P 0 Box 1350•Perry,GA 31069 USG WATER Toll-free: 855-526-4413 I Fax: 478-987-2991 — SOLUTIONS — usgwater.com Exhibit B—Terms and Conditions A. GENERAL TERMS AND CONDITIONS D. ACCESS TO CUSTOMER'S FACILITY OR REAL The Terms and Conditions(the'Terms')of this Proposal govern the sale of services(the PROPERTY 'Services')by Utility Service Co.,Inc.(which for purposes herein shall include its affiliates) to the Customer.All other terms,or variations to these Terms are excluded unless agreed Customer hereby agrees to provide Utility Service Co.,Inc.with reasonable access to explicitly in writing by a numbered amendment to this Proposal executed by Utility Service its facility or real property to perform the Services. 'Reasonable access"shall Include Co.,Inc.and the Customer.Execution of the Proposal by the Customer,whether in writing, passable roads for Ingress and egress as well as sufficient usable ground space for on the Internet,by electronic signature,or by e-mail transmission of a signed Proposal Utility Service Co.,Inc.'s equipment and materials needed to perform the Services. shall mean acceptance that these Terms are deemed Incorporated into the Proposal and Unless otherwise provided in this Proposal,the price of this Proposal does not include shall form the contract between the Customer and Utility Service Co.,Inc.These Terms shall the cost to lease additional real property so that Utility Service Co., Inc.will have supersede all prior terms,understandings or Proposals between the Customer and Utility sufficient usable ground space to stage its equipment and materials needed to perform Service Co.,Inc. If any part of the Terms should be found to be Invalid or unenforceable the Services. Any such cost would be in addition to the price of the Proposal,and if by a court or other competent authority,then the remainder of the Terms shall not be needed,the Customer agrees to negotiate an amendment to this Proposal to modify affected.Any notice to be given with respect to these Terms by either of the Parties shall the pricing In good faith. be in writing. Notices to the Customer shall be sent to the Customer's address on the Proposal,and any notices to Utility Service Co.,Inc.,including notice of warranty claims by the E. RISK OF LOSS Customer,shall be sent to:Utility Service Co.,Inc.,ATTN: Customer Service Department, Risk of loss or damage to the Equipment,if applicable to this Proposal,shall pass to the 535 General Courtney Hodges Boulevard,Post Office Box 1350,Perry,Georgia 31069. Customer upon delivery of the Equipment to the named place of destination. This Proposal has been Issued based on the information provided by the Customer and on information currently available to Utility Service Co.,Inc.at the time of Proposal issuance. F. TITLE TO EQUIPMENT Any changes or discrepancies in site conditions,concealed conditions where the Services will be performed,changes in environmental,health,and safety regulations or conditions, If the sale of Equipment is included In this Proposal,the title in the Equipment shall remain changes In Customer's financial standing,Customer's requirements,or any other relevant with Utility Service Co.,Inc.until the price of the Proposal is paid in full. The Customer change or discrepancy in the factual basis upon which this Proposal was created may lead assents that Utility Service Co.,Inc.may enter upon the Customer's real property and/or to changes in the offering,Including but not limited to,changes in pricing,warranties,quoted facility to repossess the Equipment if payment(s)are not received in full by their due date(s). scope of work,and/or terms and conditions. Unless stated otherwise In the Proposal, G. SCOPE OF WARRANTY performance and/or payment bonds are not included In the price.These bonds can be purchased on request but will be at an additional cost. Subject to the limitations contained herein,Utility Service Co.,Inc.represents that for a period of one(1)year from the earlier of:(i)the completion of the Services(to include the Installation B. PRICES,PAYMENT TERMS,COMMITMENT of the Equipment,If applicable to this Proposal)or Ql)the Customer's return to use of the OF CUSTOMER,CREDIT REPORTING AND asset that Is the subject matter of this Proposal ("Warranty Period'), the Services and Equipment,if applicable,will be free from defects in materials and workmanship and will TAXES substantially conform to the specifications set forth In Exhibit A('Warranty').WITH THE EXCEPTION OF THE REPRESENTATION IN THE FOREGOING SENTENCE,UTILITY Prices,which are expressed in US Dollars,are only valid for the period stated In the Proposal. SERVICE CO.,INC.MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES OF ANY If not stated,the validity period is ninety(90)days. Unless otherwise stated in the Proposal, KIND WITH RESPECT TO THE SUBJECT MATTER HEREOF AND ALL OTHER the full price shall be due and payable upon completion of the Services,which may or may not WARRANTIES ARE HEREBY DISCLAIMED,INCLUDING,WITHOUT LIMITATION,THE Include the Installation of Equipment All of Utility Service Co.,Ines Invoices are due and IMPLIED WARRANTY OF MERCHANTABILITY,NON-INFRINGEMENT OR FITNESS FOR payable upon receipt. If any payment Is not made by the Customer within sixty(60)calendar A PARTICULAR PURPOSE. days following the date of the Invoice,Utility Service Co.,Inc.reserves the right to charge a H. NOTIFICATION OF WARRANTY CLAIM late payment charge of one and one-half percent(1.5%)per month of the outstanding past due balance.Any failure by Customer to make timely payment of any obligation under this All claims filed under the Warranty provided In Section G shall be made in writing by the Proposal shall be deemed a breach.Customer agrees to reimburse Utility Service Co.,Inc.for Customer within thirty(30)calendar days of identifying a defect Customer shall provide the all charges,costs,expenses and attorneys fees Incurred to enforce or collect the amounts written notice of the claim to Utility Service Co.,Inc.pursuant to Section A above,and the due under this Proposal. In the event Customer has a valid dispute with any Invoice or Customer shall provide the following information In the written notice:(i)a description of the amount due,such dispute must be communicated In writing to Utility Service Co.,Inc.within defect giving rise to the claim;Q)photographs showing the defect;and OH)If the claim is thirty(30)days of the Invoice date,describing the amount,issue and the reason for any related to Equipment,the serial number(s)of the Equipment which is(are)the subject of the dispute.Any amounts not disputed within this time frame wall be deemed to be valid.Utility claim. Service Co.,Inc.and Customer agree to work expeditiously to resolve any dispute. Customer agrees to notify Utility Service Co.,Inc.within thirty(30)days of any change in Customer's name,address,or phone number.By executing this Proposal,Customer authorizes Utility I. EXCLUSIONS FROM WARRANTY Service Co.,Inc.to periodically request your credit reports and bank and trade references. Occurrence of any of the following,as reasonably determined by Utility Service Co.,Inc., Upon your request,we will Inform you of the name and address of the reporting agency from which we received such a report,if any. The price listed in the Proposal excludes an taxes will void the Warranty: Q)unauthorized alteration of any component(s)of the Services or unless specifically stated otherwise In the Proposal.The Customer Is responsible for payment the Equipment,if applicable,originally supplied by Utility Service Co.,Inc.,or(g)Intentional of all applicable taxes,however designated or incurred In connection with the transactions or negligent damage to Utility Service Co., Inc.'s work product or the Equipment,if under this Proposal,and agrees to reimburse Utility Service Co.,Inc.for any taxes paid on applicable to this Proposal,caused by any other person or entity,including but not limited Customers behalf. to,the Customer and its officers,employees,agents,contractors,and assigns. C. DELIVERY OF SERVICES AND INSTALLATION J. VERIFICATION OF WARRANTY CLAIM OF EQUIPMENT Utility Service Co.,Inc.shall contact Customer following its receipt of notice of a claim under the Warranty. Utility Service Co.,Inc.reserves the right to request additional information The provision of Services as contemplated herein might require the installation of certain from the Customer or to conduct an on-site inspection of its work or the Equipment,if equipment(the'Equipment')on the Customers real property or on the Improvements to the applicable to this Proposal,before accepting a claim. The Parties agree to cooperate and Customers real property(e.g.,water storage tank,etc.).All times and dates for the delivery of work in good faith to provide any additional Information needed or to schedule an on-site Services and/or Installation of Equipment are approximate,but Utility Service Co.,Inc.shall visit by Utility Service Co.,Inc.'s personnel to visibly Inspect the work and the Equipment,if use its reasonable efforts to respect them. The Parties shall each make commercially applicable. Furthermore,Utility Service Co.,Inc.reserves the right to have a third party reasonable efforts to schedule the Services after the date this Proposal is executed by the participate in the inspection of the work to verify whether the work or Equipment,if Customer. Utility Service Co.,Inc.shag not be liable for any foss or damage resulting from applicable,is defective under the terns of the Warranty. late delivery of the Services or installation of Equipment. 0 2026 Utility Service Co.,Inc. CONFIDENTIAL Page 4 Proposal from UTILITY SERVICE CO., INC. 535 Gen.Courtney Hodges Blvd•P 0 Box 1350•Perry,GA 31069 USG WATER Toll-free: 855-526-4413 I Fax: 478-987-2991 — SOLUTIONS — usgwater.com • Exhibit B—Terms and Conditions(Continued) K. SATISFACTION OF WARRANTY CLAIM If Utility Service Co.,Inc.verifies,In good faith,that a claim under the Warranty is valid and not subject to an exclusion pursuant to Section I above,Utility Service Co.,Inc.agrees to repair or replace,without expense to the Customer,any workmanship,materials,and/or Equipment,if applicable,furnished hereunder that may prove defective within the Warranty Period. The Warranty provided in this Proposal shall be the sole and exclusive remedy of the Customer. L. INDEMNIFICATION Utility Service Co.,Inc.shall Indemnify and hold harmless Customer from all claims for physical damage to third party property or Injury to persons,Including death,to the extent caused by the negligence of Utility Service Co.,Inc.or its officers,agents,employees, and/or assigns while engaged in activities under this Proposal. Customer shall fikewise indemnify and hold harmless Utility Service Co.,Inc.from all claims for physical damage to third party property or injury to persons,including death,to the extent caused by negligence of the Customer or its officers,agents,employees,and/or assigns. In the event such damage or Injury Is caused by joint or concurrent negligence of Utility Service Co.,Inc.and Customer,the loss shall be borne by each Party in proportion to its negligence. For the purpose of this Section L,(i)'Third party'shall not include Customer or any subsequent owner of the property where the Services were performed or Equipment,if applicable,their subsidiaries,parents,affiliates,agents,successors or assigns Including any operation or maintenance contractor,or their Insurer,and(ii)no portion of the Equipment is'third party property'. M. FORCE MAJEURE Utility Service Co.,Inc.shall not be liable to the Customer for non-performance or delay in performance of any of its obligations under this Proposal due to:(i)acts of God(which Include,but are not limited to,tropical storms,hurricanes,tornadoes,and earthquakes),(II) failure of the Internet or another network,(Hi)war, (iv) riot,(v)civil commotion,(VI) embargo,(vii)labor disputes,(viii)labor strikes,(ix)fire,(x)flood,(xr)theft,(xi) epidemic, (xiii)pandemic(including COVID-19),(xiv)delay in delivery of services,materials,or equipment by subcontractors, suppliers, or manufacturers, (xv) shortage of labor or materials,or(xv)any other unforeseen event(whether or not similar in nature to those specified)outside the reasonable control of Utility Service Co.,Inc. N. LIMITATION OF LIABILITY Neither the Customer nor Utfity Service Co.,Inc.shall be liable to the other for any economic(including,without limitation,loss of revenues,profits,contracts,business or anticipated savings),special,Indirect,incidental,exemplary,punitive or consequential losses or damages or loss of goodwill In any way whether such liability is based on tort, contract,negligence,strict liability,product liability or otherwise arising from or relating to this Proposal or resulting from the use or the inability to use the Services or Equipment,if applicable to this Proposal,or the performance or non-performance of the Services or Equipment,if applicable.It is the responsibility of the Customer to Insure itself in this regard if it so desires.The liability limit of Utility Service Co., Inc. and Its affiliate companies under this Proposal, whether based in contract,warranty, tort(including negligence),strict liability,product liability or otherwise shall not exceed the price that the Customer agrees to pay Utility Service Co.,Inc.In this Proposal. O. GOVERNING LAW AND DISPUTE RESOLUTION This Proposal and these Terms shall be construed in accordance with the laws of the state of Georgia without regard to the conflict of law principle. In the event of a dispute concerning this Proposal,the complaining Party shall notify the other Party in writing thereof. Management level representatives of both Parties shall meet at an agreed location and attempt to resolve the dispute in good faith. Should the dispute not be resolved within sixty(60)days after such notice,the complaining Party shall seek remedies exclusively through arbitration. The seat of arbitration shall be the federal district court closest to the location where the Services were performed or are scheduled to be performed,and the rules of arbitration will be the Commercial Arbitration Rules of American Arbitration Association,which are Incorporated herein by reference into this Section 0. 02026 Utility Service Co.,Inc. CONFIDENTIAL Page 5