HomeMy WebLinkAboutPR 21878: TO AMEND THE CONTRACT, ELOS ENVIRONMENTAL, LLC City of
ort rthur
Texas
www.PortArthurTx.gov
INTEROFFICE MEMORANDUM
Date: August 12, 2021
To: The Honorable Mayor and City Council
Through: Ron Burton. City Manager
From: Flozelle C. Roberts, EIT, MEng, MBA, Public Works Director
RE: PR 21878: ELOS Environmental, LLC of Hammond, Louisiana—Amend the contract
that increases the original contract amount by $21,000.00 to a new contract amount of
$46,575.00 for the Lake Arthur Detention Pond Drainage Project due to regulatory
mandates. Project#DR1P01.
Introduction:
The intent of this agenda item is to authorize the City Manager to amend the original contract amount
of$25,575.00 by $21,000.00 to the new contract amount of$46,575.00 for the expanded scope of the
environmental assessment to be performed by ELOS Environmental, LLC of Hammond, Louisiana,
for the Lake Arthur Detention Pond.
Background:
Pursuant to Resolution 19-537 Council authorized the City Manager to enter into an agreement with
ELOS Environmental, LLC of Hammond, Louisiana, for a fee not to exceed $25,575.00 for an
environmental assessment for the proposed Lake Arthur Detention Pond Drainage Project. The Texas
Division of Emergency Management (TDEM) and the Federal Emergency Management Agency
(FEMA) have mandated that that the scope of the environmental assessment be expanded for this
project. The additional requirements increased the original contract amount of $25,575.00 by
$21,000.00 to the new contract amount of$46,575.00. The City of Port Arthur has obtained funding
from Hazard Mitigation Grant Program (HMGP) and Community Development Block Grant —
Disaster Recovery (CDBG-DR) and has approved the additional cost of this project.
Budget Impact:
Funding is available in HMGP Engineering Account No. 154-00-000-8515-00-10-000 AND CDBG-
DR Engineering Account No. 148-00-000-8515-00-10-000.
"Remember,we are here to serve the Citizens of Port Arthur"
444 4111 Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294
Recommendation:
It is recommended that the City of Port Arthur City Council approve PR 21878 to authorize the City
Manager to amend the contract amount of$25,575.00 by $21,000.00 to the new contract amount of
$46,575.00 for an expanded regulatory environmental assessment at the proposed Lake Arthur
Detention Pond to be performed by ELOS Environmental, LLC of Hammond, Louisiana.
/mj e
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
PR No. 21878
8/12'2021 mje
Page 1 of 4
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND
THE ORIGINAL CONTRACT BETWEEN ELOS ENVIRONMENTAL,
LLC OF HAMMOND, LOUISIANA, BY THE AMOUNT OF $21,000.00
TO A NEW CONTRACT TOTAL AMOUNT OF $46,575.00 FOR A
MANDATED EXPANDED ENVIRONMENTAL ASSESSMENT OF THE
PROPOSED LAKE ARTHUR DETENTION POND DRAINAGE
PROJECT. FUNDING IS AVAILABLE IN HMGP ENGINEERING
ACCOUNT NO. 154-00-000-8515-00-10-000 AND CDBG-DR
ENGINEERING ACCOUNT NO. 148-00-000-8515-00-10-000;
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 obtained funding from the Hazard Mitigation
Grant Program (HMGP) and the Community Development Block Grant — Disaster
Recovery (CDBG-DR) to fund four drainage projects: (1) El Vista Subdivision, (2) Port
Acres Drainage, (3) Lake Arthur Detention and (4) Stonegate Golf Course/Babe
Zaharias Golf Course); 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 expanded environmental assessment of the Lake Arthur
Detention Pond site is required as part of the mitigation protocol and is reimbursable
through the Federal Emergency Management Agency (FEMA) and the Community
Development Block Grant (CDBG); and,
S:\Engineering\PUBLIC WORKS\PW-DRAINAGE PROGRAM\Lake Arthur Detention Area\PR 21878 ELOS EA Lake Arthur CO 1.docx
PR No. 21878
8/12/2021 mje
Page 2 of 4
WHEREAS, Resolution 19-537, approved by Council, authorized the City
Manager to enter into an agreement with ELOS Environmental, LLC of Hammond,
Louisiana, for an environmental assessment for the amount of $25,575.00, attached
hereto as Exhibit A; and,
WHEREAS, the Texas Division of Emergency Management (TDEM) and the
Federal Emergency Management Agency (FEMA) have mandated that the scope of the
environmental assessment be expanded; and,
WHEREAS, a proposal was submitted by ELOS Environmental, LLC of
Hammond, Louisiana, to address the expanded scope, increased the original contract
amount of $25,575.00 by $21,000.00 the new total contract amount of $46,575.00,
attached hereto as Exhibit B; 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 to
approve amending the contract between the City of Port Arthur and ELOS
Environmental, LLC of Hammond, Louisiana, for the mandated expanded scope of an
environmental assessment for the proposed Lake Arthur Detention Pond Drainage
Project by increasing the original contract amount of $25,575.00 by $21,000.00 to a
new total contract amount of $46,575.00; and,
THAT, a copy of the caption of this Resolution be spread upon the Minutes of
the City Council.
PR No. 21878
8/12/2021 mje
Page 3 of 4
READ, ADOPTED AND APPROVED this the day of
A.D. 2021 at a meeting of the City of Port Arthur, Texas, by the
following vote: Ayes: Mayor:
Councilmembers:
Noes:
Thurman "Bill" Bartie
Mayor
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION:
Valecia Tizeno Ron Burton
City Attorney City Manager
S:\Engineering\PUBLIC WORKS\PW-DRAINAGE PROGRAM\Lake Arthur Detention Area\PR 21878 ELOS EA Lake Arthur CO 1.docx
PR No.21878
8/12/2021 mje
Page 4 of 4
APPROVED AS FOR AVAILABILITY OF
FUNDS:
)/\
Kandy Daniel
Director of Finance
Flozelle C. Roberts, EIT, MEng, MBA
Director of Public Works
Clifton WI liams, CPPB
Purchasing Manager
EXHIBIT A
d.:J
tNovember 19, 2019
i
ii.
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 Iaws
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 I 1 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 3.971AC, registered under GTG Real Estate
Holdings LLC,GPS Coordinates-29.944112,-93.960131
d.3 7 F. Thea;o n , ,dae<<i • !'iarnre'_nn _A 7s,.40 P c85.002 55(21 • r' Y3i5 6-5; 5
Los
Property ID#73278 -26.68 Acres, Tax ID #049400-000-030100-00200-5, Legal Description - LT 5 & 6
TR 1 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) shapefles 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 S25,575.00, including direct expenses which will be invoiced
at cost. The not to exceed labor fee for Task A will be S25,000.00. The not to exceed estimate for direct
expenses (printing, postage, and mileage) is S575.00. 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.
2 ( Page
Le LOS0
our1v 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.
3 ! P e g �,
fies
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 Iandowners; 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.
4 ( Page
EXHIBIT B
•
•
Tii ,R.VLAN B.ARTFE.MAYOR ROtN BURTO i
CHARLOTTE MOSES_ YOR PRO TEY3 MI' MANAGER
O
CO1�'VCLL MEMBERS: CITY
Ti rToR
CITY _�i'?'(3R:NE!'
E°iGRED HOLMES o r t r t h u Y
CAL I.JONNES
THOMLAS J.KL LAW.iH ''r%r,, SHERRI.BELLARD
REV.DONALD FRANK CITY SECRETARY
KENNETH MARKS
March 2, 2021
Joshua Brogdon
Hazard Mitigation Grant Coordinator
Texas Division of Emergency Management
RE: FEMA 4332-DR-TX City of Port Arthur HMGP 404 - Project #32 Lake Arthur Detention Pond -
Request to amend phase I project budget to include cost for Environmental Assessment (EA)
Dear Mr. Brogdon,
We are writing to request an amendment to the Phase I project budget for project #32 - Lake Arthur
Detention Pond. FEMA EHP has requested an Environmental Assessment (EA) report as a part of the Phase
I deliverables for this project The cost for the additional EA activity is not included in the originally
approved Phase I project budget Hence, the City requests to amend the Phase I budget by adding $21,000,
that would cover the additional cost for the EA activity. A draft cost proposal from the Project
Environmental Consultant i.e., ELOS Environmental is included with this budget amendment request letter
that supports the additional cost for this activity.
We will provide any additional documentation you might need to process this request.
Thank you in advance for your prompt attention to this marer.
Respec y
Ron B
City . anager
C" . of Port Arthur
444 4th Street, Port Arthur, TX, 77640
Ph: (409) 983 - 8102
Email: ron.burtonjportarthurtx_gov
Ron Burton. [nterim City Manager*roahurtoniatiaortarthurax.Rov
Pt)Box 1089, Port Arthur Texas'7641-1089
March 16, 202
11) S
Mr. Alberto Elefano, Public Works Director
City of Port Arthur
4'14 4th Street
Port Arthur, TX 77640
RE: Proposal for City of Port Arthur's HMGP Project: Lake Arthur Drive Detention Ponds, in
Jefferson County, TX.
Dear Mr. Elefano:
ELOS Environmental, LLC. (ELOS) is pleased to provide this proposal to Ardurra iClient) to
prepare a National Environmental Policy Act(NEPA)compliant Draft Environmental Assessment
(EA) which integrates the Federal Emergency Management Agency's (FEMA) Principle,
Requirements, and Guidelines Analysis for submittal to FEMA to authorize Hazard Mitigation
Grant Program (HMGP) funding for the proposed Lake Arthur Drive Detention Ponds Project
located in Jefferson County, TX.
The Scope of Services for this contract is provided below,
TASK A: Limited NEPA Process for Preliminary Draft EA Submittal
ELOS understands that the project is being funded by the HMGP and,as such, must comp:. u it!
federal and state regulations related to FEMA's Environmental and Historic Properties (FI{P)
review process.
ELOS will assemble and review all pertinent data necessary to prepare the Preliminary Dratt EA.
Information sources include, but are not limited to, Ardurra. the City of Port Arthur (CoPA).
FEMA and other Federal and State agencies, state universities, environmental conservation
organizations, and local knowledgeable individuals or organizations.
1. Description of the Proposed Action and Alternatives
With assistance from Ardurra. ELOS will prepare a Description of Proposed Action and
Alternatives (DOPAA) for the project within one week of receiving Notice to Proceed.
The DOPAA will describe the Proposed Action and all viable alternatives, including the
No-Action Alternative.
Ardurra will provide ELOS with specific information on the proposed action and
alternatives including but not limited to any documentation of alternatives considered and
alternatives eliminated during early project development, cost-benefit analyses, and copies
of engineering reports.
ji07 VV. Morris Avenue . Hammond, LA 70403 .P. 985.662.5501 . F. 985,662.5504 . eioserv.com
ILO
2. Preliminary Draft EA
ELOS will prepare a Preliminary Draft EA for the proposed project which will include, an
executive summary,discussion of purpose and need for the proposed action, description of'
the proposed action, alternatives considered, description of the existing environment
(including necessary figures, maps, ground-level photographs, and aerial photographs),
consequences of the proposed action, cumulative effects, mitigation, and findings and
conclusions. The Preliminary Draft EA will address conditions and potential impacts to
the environmental resource categories required by FEMA. Including summarizing the
findings of resource reports prepared for the project covering cultural resources, protected
species, hazardous materials, and watershed-level impacts. ELOS will prepare the
Preliminary Draft EA within 4 weeks of the Client's approval of the DOPAA.
Prior to submittal to Ardurra, ELOS will perform an internal review (QA/QC) on the
document(s) to correct grammatical/typographical errors, verify that analyses are
supported by data.
The Preliminary Draft EA will be submitted to Ardurra and the CoPA for review of quality,
and accuracy. Comments provided by Ardurra and the CoPA will be incorporated into the
document and a copy of the comment matrix provided to Ardurra.
3. Draft EA for FEMA Review
Within one week of receipt of the comments from Ardurra and the CoPA, ELOS will
prepare a Draft EA incorporating comments from Ardurra and the CoPA for submittal to
FEMA. FEMA will review the Draft EA for quality, accuracy, technical competency, and
legal sufficiency. If FEMA requests edits prior to legal review, ELOS will revise the draft
EA, and resubmit as long as FEMA's edits are not substantial (requiring more than I0
hours effort).
This scope of services does not include public meetings, public hearings, EA public review notices
in newspapers, responses to public comments, or the preparation of a final EA or Finding of No
Significant Impact.
Deliverables Schedule
DOPAA within 2 weeks of Notice to Proceed
Preliminary Draft EA within 4 weeks of approval of DOPAA
Draft EA for FEMA within I week of receipt of comments from Ardurra and CoPA.
All deliverables will be in digital format.
2I
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Fee
The fee associated with this project will be billed on a percent complete, lump sum basis. This
proposal allows for a maximum fee of$21,000.00 or 145 hours.
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.
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
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
3j -
tits
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.
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; delineation of
wetlands or waters of the U.S.; 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; 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 NPDES permits; submittal of applications for and obtaining Special Use Permits, such
as Scenic River Permits;drainage analysis;submittal of applications for an obtaining right-of-way
agreements or permits;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
4
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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.
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
5l
ios
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.
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 duty authorized to execute this
Agreement on behalf of the represented party.
Very truly yours,
ELOS Environmental,LLC
Lucas Watkins
President/Environmental Scientist
AGREED AND ACCEPTED:
Signature:
Printed/Typed Name:
Date:
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