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INTEROFFICE MEMORANDUM
Date: November 21,2019
To: The Honorable Mayor and City Council
Through: Ron Burton, City Manager
From: Alberto Elefano,P.E., Public Works Director
RE: PR 21170—Lake Arthur Detention Pond Proposed Project; Environmental Assessment
by ELOS Environmental, LLC of Hammond, Louisiana
Introduction:
The intent of this Agenda Item is for City Council to authorize the City Manager to enter into an
agreement with ELOS Environmental, LLC of Hammond, Louisiana for the environmental assessment
of the Lake Arthur Detention Pond Project.
Background:
The City of Port Arthur is proposing to construct a detention pond at the Lake Arthur site. An
environmental assessment is required to determine what environmental impact, if any, would occur as
a result of construction of a detention pond. Bids were solicited with ELOS Environmental, LLC of
Hammond,Louisiana being selected as the lowest most responsible bidder. Their amount proposed was
$25,575.00.
Budget Impact:
Funds are available in Account No. 147-2300-901.84-00; Project Number DR1P01. Reimbursable
through the Federal Emergency Management Agency(FEMA).
Recommendation:
It is recommended that the City of Port Arthur City Council approve PR 21170 authorizing the City
Manager to enter into an agreement with ELOS Environmental, LLC of Hammond, Louisiana to
perform the environmental assessment at the proposed Lake Arthur Detention Pond for the amount of
$25,575.00.
"Remember,we are here to serve the Citizens of Port Arthur"
444 41h Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294
I R No. 21 170
11/21/2019 mje
Page 1 of 4
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND
ELOS ENVIRONMENTAL, LLC OF HAMMOND, LOUISIANA TO
PROVIDE AN ENVIRONMENTAL ASSESSMENT OF THE PROPOSED
LAKE ARTHUR DETENTION POND PROJECT IN THE AMOUNT OF
$25,575.00. FUNDS ARE AVAILABLE IN ACCOUNT NO. 147-2300-
901.84-00; PROJECT #DR1P01.
WHEREAS, the City of Port Arthur has proposed construction of a drainage project
that will reduce the risk of flooding to a residential area and alleviate storm water ponding
in the streets; and,
WHEREAS, the City of Port Arthur Public Works Department has applied for a
mitigation grant from the Federal Emergency Management Agency (FEMA) through the
Texas Division of Emergency Management (TDEM) for construction of a detention pond
at the Lake Arthur site; and,
WHEREAS, the grant application was submitted to the Hazard Mitigation Grant
Program (HMGP) that will assist in implementing long term drainage mitigation measures
following considerable flooding as a result of Hurricane Harvey; and,
WHEREAS, this drainage project seeks to expand and construct a stormwater
detention system on 54 acres at the Lake Arthur site; and,
WHEREAS, an environmental assessment if the Lake Arthur Detention Pond site
is required as part of the mitigation protocol and is reimbursable through FEMA; and,
WHEREAS, bids for the assessment were received and evaluated by the Public
Works Department and ELOS Environmental, LLC of Hammond, Louisiana was selected
as the most responsible bidder with the lowest price of $25,575.00. See Exhibit "A"; and,
PRNo. 21170
11/21/2019 mje
Page 2 of 4
WHEREAS, the Director of Public Works deems it in the best interest of the City
of Port Arthur that the City Manager be authorized to enter into a contract between the
City of Port Arthur and ELOS Environmental, LLC of Hammond, Louisiana for performance
of an environmental assessment for the proposed Lake Arthur Detention Pond Project in
the amount of $25,575.00; now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
THAT, the facts and opinions in the preamble are true and correct; and,
THAT, the City Manager of the City of Port Arthur is hereby authorized and
directed to execute a contract between the City of Port Arthur and ELOS Environmental,
LLC of Hammond, Louisiana for performance of an environmental assessment for the
proposed Lake Arthur Detention Pond Project in the amount of$25,575.00 in substantially
the same form as Exhibit "B"; and,
THAT, a copy of the caption of this Resolution be spread upon the Minutes of the
City Council.
READ, ADOPTED AND APPROVED this the day of , A.D. 2019
at a meeting of the City of Port Arthur, Texas by the following vote:
Ayes: Mayor:
Councilmembers:
Noes:
Thurman "Bill" Bartle
Mayor
PR No.21170
11/21/2019 mje
Page 3 of 3
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION:
Id 141
Prt 66efof
V
V. iz o Ron Burton
Ci ttor City Manager
APPROVED AS FOR AVAILABILITY OF
FUNDS:
D
Kandy Daniel
Director of Finance
Alberto Elefano, P.E.
Director of Public Works
bufiko
Clifton Williams, CPPB
Purchasing Manager
EXHIBIT A
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EXHIBIT B
LosNovember 19, 2019
Mr.Alberto Elefano
Director of Public Works
City of Port Arthur
RE: Proposal for Lake Arthur Detention Pond Project in Port Arthur,TX.
Dear Mr. Elefano:
ELOS Environmental, LLC, (ELOS) is pleased to provide this proposal to assist the City of Port Arthur
(City/Client) with a preliminary environmental site assessment and review services to advise the City of
the necessity,if any,for further environmental studies of the approximately 54-acre site for the Lake Arthur
Detention Pond project located in Port Arthur,TX.
Scope of Work
ELOS is interested in providing the City with qualified Environmental Professionals with experience and
expertise in fulfilling the assessment and documentation requirements consistent with the various laws
applicable to a National Environmental Policy Act (NEPA) and Water Resources Development Act
(WRDA) review. Included in this scope of service will be a preliminary Environmental Site Assessment
(ESA)inclusive of a hazardous materials/contamination study compliant with all applicable environmental
laws, regulations, and executive orders supporting Federal Emergency Management Agency's (FEMA)
compliance with the NEPA, as well as a WRDA Principles, Requirements, and Guidelines (PR&G)
Analysis as required. ELOS personnel will assist in the appropriate reviews in determining the necessity
for a Phase I ESA and/or Phase II studies.
The services will include four parcels of vacant land totaling approximately 54 acres. Below are the
individual parcel details:
Property ID#73418-8.5 Acres,Tax ID#049400-000-038139-00200-5,Legal Description-LT 7 TR 3 BLK
10 RANGE H PALCO 8.520 AC, registered under Park Central Municipal Utility District, GPS
Coordinates-29.943376,-93.962778
Property ID#74516 — 14.4 Acres, Tax ID #049400-000-067810-00000-7, Legal description- LT 5 TR 3
BLK 11 RG G 14.409AC LT 7 TR 4 LT 8 TR 1 BLK 10 RG H PALCO,registered under H&P Engineering
&Construction Inc,GPS Coordinates-29.945233,-93.961756
Property ID#268125—3.97 Acres,Tax ID#049400-000-067810-00050-0,Legal description-L7 TR 5 L8
TR 3 BLK 10 RG H & L5 TR 4 BLK 11 RG G PALCO 3.97IAC, registered under GTG Real Estate
Holdings LLC,GPS Coordinates-29.944112,-93.960131
43177 E. Pleasant Ridge Rd • Hammond, LA 70403 P.985.662.5501 • F.985.662.5504 elosenv.com
tLos
Property ID#73278 - 26.68 Acres, Tax ID #049400-000-030100-00200-5, Legal Description - LT 5 & 6
TR I BLK 10 RG G 22.504 AC PALCO & LT 8 TR 2 BLK 10 RG H 4.180AC, registered under Park
Central Municipal Utility District, GPS Coordinates-29.946550,-93.960077
A. Preliminary Environmental Site Assessment and PR&G Analysis
ELOS proposes to conduct a preliminary ESA and review of environmental conditions, as well as PR&G
analysis as applicable to assist in preparing documentation which will comply with NEPA and other federal
and state regulatory requirements.
1. Data Collection and Mapping
ELOS will collect data from the Client and other relevant, readily available sources to identify the
purpose/need for the project, site history, and other environmental issues. The Client will provide
Geographic Information System (GIS) shapefiles that locates and illustrates the current conceptual
design, if any, of the proposed detention pond. ELOS will collect desktop data and map existing
conditions to identify potentially sensitive resources and issues that will require further analysis.
2. Hazardous,Toxic,and Radioactive Waste
ELOS will conduct a preliminary environmental site assessment (ESA) to determine if there is any
evidence of prior contamination from hazardous,toxic,or radioactive waste(HTRW).The assessment
will be conducted in accordance with the Phase I ESA methodology outlined in ASTM 1527-13 to
assess the risks to environmental and human health from potential hazardous,toxic,and/or radioactive
contamination of future users of the site. The Client will provide documentation that all proposed
activities have been/will be implemented according to best management practices and pertinent
regulations to prevent impacts on the public health. This information will be incorporated into the
preliminary ESA documentation. If evidence of HTRW is found during the assessment, ELOS will
advise the Client regarding additional surveys or sampling on the project areas. This scope of work
does not include any type of ground disturbing surveys,sampling,or any type of Phase II ESA activity.
3. Recommendations for Further Environmental Review Requirements
The process of considering environmental impacts will be documented using the data collected in Tasks
1 and 2.The preliminary ESA will consist of maps, correspondence,previous studies,and a checklist
of the resources/issues, if any, which may be affected by the proposed activities. The results of the
preliminary ESA will be sufficient for ELOS to provide recommendation to the City of any further
environmental review processes that may be necessary.
Fee
The fee for labor tasks associated with this project will be billed on a percent complete, lump sum basis.
This proposal allows for a maximum fee of$25,575.00, including direct expenses which will be invoiced
at cost. The not to exceed labor fee for Task A will be$25,000.00. The not to exceed estimate for direct
expenses(printing, postage,and mileage) is $575.00. If unforeseen issues arise, and the scope of work is
changed or the listed sum is exceeded,any additional services rendered will be considered outside the scope
of services of this proposal.The client will be notified,and upon your approval,additional services rendered
will be billed as additional billable hours at the appropriate rates.
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LOS
Hourly Rates
The invoices for the Services provided by ELOS shall be provided based on the following hourly rates:
Corporate Officer/Principal(Expert/Mediation Services 4-hour min.) $225.00 per hour
Director of Regulatory Services $187.00 per hour
Senior Project Manager $178.00 per hour
Environmental Scientist II $161.00 per hour
Archaeologist II(Principal Investigator) $145.00 per hour
Geographic Information System(GIS)Manager $145.00 per hour
Environmental Scientist I $130.00 per hour
Archaeologist I(Crew Chief) $120.00 per hour
Geographic Information System(GIS)Specialist $120.00 per hour
Environmental Scientist $95.00 per hour
Geographic Information System(GIS)Analyst $95.00 per hour
CADD Operator $95.00 per hour
Archaeologist $75.00 per hour
Clerical $60.00 per hour
Direct Expenses
The standard reimbursable items,not included in the proposal,will be provided at invoiced cost plus 15%
and are as follows:
External data base searches
Photographs/Aerial photography
Printing/Reproduction costs
Overnight Mail
Courier Service
Outside Professional Services
Overnight Accommodations
ATV/Boat Rental
Application Fees
Mileage reimbursement will be billed at the appropriate IRS Standard Mileage Rate.
ELOS invoice monthly based on the percent progress of tasks completed and/or hourly rates as specified
above with expressed authorization by the Client. All invoices are due upon receipt.
Unpaid invoices in arrears for more than 30-days may be assessed an additional 1.5 percent for each month
that the invoice remains unpaid, not to exceed 18 percent annually. Failure to keep accounts current after
45 days will result in suspension of the Services by ELOS, until such time as the account is brought up to
date. If for any reason the account is turned over to an attorney for collection,attorney fees will be added
to cover the collection cost.
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Services Not Included
Fees stated herein are specifically for the services described for your project. Our fees do not include
payment of application or processing fees, which include but are not limited to DNR's application and
permit and mitigation processing fees, and the USACE's permit processing fee. This proposal does not
include obtaining access permissions from landowners;modification of the proposed permit or delineation
drawings based on changes to the project design at the request of the Client or agency after submittal of the
initial design criteria to ELOS; physical flagging of the wetland boundaries; Phase I environmental site
assessment; cost associated with satisfaction of mitigation requirements; other environmental services;
geotechnical investigations;serving as an expert witness in connection with court proceedings;cutting any
necessary transects through the site; meetings or site visits with governing agencies; supplying, editing
and/or modifying information that is not in the appropriate format scale,accuracy,etc.to satisfy governing
agencies; generation of storm water pollution prevention plans; submittal of Notices of Intent for and
obtaining LPDES permits from DEQ;submittal of applications for and obtaining Special Use Permits,such
as Scenic River Permits, from the Louisiana Department of Wildlife and Fisheries; drainage analysis;
submittal of applications for an obtaining right-of-way agreements or permits from the Louisiana State
Land Office;and submittal of applications for and obtaining levee board permits. These additional services
can be performed upon your request at our standard hourly rates.
Request for Expedited Services
Requests for expedited services that require after-hours or weekend work will be invoiced at our appropriate
standard hourly rate plus 50%.
Insurance
In the event that the Client requires additional insurance beyond that currently carried by ELOS,ELOS will
use its best efforts to obtain the desired coverage; provided, the Client shall pay any additional costs and
premiums associated with obtaining this additional coverage. The certificates shall specify the dates when
such insurance expires and shall further provide that the Client shall be given not less than thirty(30)days
written notice before cancellation or any material change in such insurance.
Scope of Representation
Client's engagement for the services of ELOS does not preclude the engagement of ELOS by other clients
on other areas within the same or related matter.
The professional services to be provided for the Services are being performed solely for the benefit of the
client and in no way benefit is meant to be conferred upon any person, party, or entity not a party to this
agreement,and no person,party or entity shall rely on ELOS or upon any employees of ELOS or upon any
employees of ELOS performance of the services rendered to client.
In addition,no claims against ELOS shall accrue to any Contractors,Subcontractors,Consultant,Engineer,
Architect, Supplier, Fabricator, Manufacturer, Surety, Financier, or to any third person, party, or entity as
a result of this agreement or as a result of the performance of the Services.
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CLOS
Termination and Enforcement
ELOS will endeavor to represent you promptly and efficiently according to the highest standards. Client
has the right to terminate our services at any time upon written notice to ELOS. Client will remain
responsible for payment for all Services rendered prior to the date of receipt of notice of termination.
ELOS has the right to terminate the Services at any time to Client upon written notice. In such event,Client
will be liable for a payment of Services rendered.
In the event it is necessary for any party in this agreement to initiate a lawsuit or any other legal proceeding
to enforce the terms of this agreement,the prevailing party shall be entitled to reasonable attorney fees plus
interest at the legal rate on the amount of damages incurred.
Entire Agreement
This agreement contains the entire agreement of the parties and there are no other promises or conditions
in any other agreement whether oral or written. This agreement supersedes any prior written or oral
agreements between the parties.
Allocation of Risk
Client agrees that ELOS's services will not subject ELOS's individual employees,officers, or directors to
any personal liability and that,notwithstanding any other provision of this agreement,Client agrees that its
sole and exclusive remedy shall be to direct or assert any claim,demand,or suit only against ELOS.
Statements made in ELOS's reports are opinions based upon best professional judgment and are not to be
construed as representations of fact or a warranty of any particular result. Should ELOS or any of its
employees be found liable in the performance of the services Client agrees that the maximum aggregate
amount of liability of ELOS shall be limited to the total amount of the fee paid to ELOS for the Services.
No claim or action,whether in tort,contract,or otherwise,arising from or related to ELOS's work may be
brought against ELOS more than two(2)years after the performance of the Services. Please note that this
proposal is effective for thirty (30) days from the date of this letter. After that time, it is subject to re-
evaluation.
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Authorization
If this Proposal is acceptable please signify by signing and returning it to our office. We appreciate the
opportunity to submit this proposal and look forward to a successful relationship on your most interesting
project.
Each person signing below warrants and represents that he/she is duly authorized to execute this Agreement
on behalf of the represented party.
Very truly yours,
ELOS Environmental,LLC
7F"
Lucas Watkins
President/Environmental Scientist
AGREED AND ACCEPTED:
Signature:
Printed/Typed Name:
Date:
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