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HomeMy WebLinkAboutRES 18-288RESOLUTION NO. 18-288 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an Engineering Services Contract with Lanier & Associates Consulting Engineers, Inc. for engineering services related to Riverfront Park damages incurred during Hurricane/TS Harvey. The contract is attached hereto at Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the' 13th day of November, 2018. loot dfll-%. 11 Z JUNA • i M ENGINEERING SERVICES CONTRACT STATE OF TEXAS COUNTY OF JEFFERSON CITY OF BEAUMONT CONTRACT FOR CITY OF BEAUMONT Riverfront Park Damages Due to Tropical Storm Harvey SECTION 1 This Agreement made and entered into in Beaumont, Jefferson County, Texas between the City of Beaumont, a Municipal Corporation in the State of Texas, hereinafter termed "City", and Lanier & Associates Consulting Engineers, Inc., incorporated in the state of Louisiana, duly licensed, and practicing under the laws of the State of Texas, hereinafter termed "Engineer", said Agreement being executed by the City pursuant to the City Charter and Ordinances and Resolutions of the City Council, and by said Engineer for Engineering Services hereinafter set forth in connection with the above designated Project for the City of Beaumont. The City is awarding this contract in accordance with the State of Texas Government Code 2254, Professional and Consulting Services. I. General A. Detailed Project Description The Engineer shall fiunish Deliverables and Services for Riverfront Park due to Tropical Storm Harvey as further defined in Attachment "A". B. The Engineer shall not commence work on this proposed Project until he has been notified in writing to proceed. The Engineer, in consideration for the compensation herein provided, shall render all professional services necessary for the development of the tasks and items, as provided in this Agreement. Riverfront Park Damages — Lanier & Associates EXHIBIT "A" H. Basic Services The Engineer shall perform the following basic services under this Contract as described in Attachment "A", Project Description and Scope of Work. A. The Engineer shall: PHASE T - PRELIMINARY ENGINEERING 1. Attend a Kickoff Meeting on site with the City to define the scope and site limits of project. 2. Prepare a Design Basis Document for the City to review and comment on. 3. Perform Hydrographic and Topographic Surveys of the site - Lanier will perform hydrographic and topographic surveys in order to develop post storm plan and section drawings of the City's property. 4. Develop Pre and Post Harva Plans and Sections to delineate the loss of waterfront and material the City experienced as a result of Tropical Storm Harvey. Historical information acquired from the United States Corps of Engineers will be used to define the pre -storm condition. Material loss quantities will be calculated based on these drawings. The information is required by FEMA and will be provided to the City for appropriate distribution. 5. Coordinate with Tolunav-Wong Engineers, Inc., (TWE) to provide a geotechnical investigation of the area and produce a geotechnical reportwith design recommendations, for use by the City and Lanier during the preliminary and detailed design phase of the project. TWE's proposal is attached to this letter for reference. 6. Develop Conceptual Repair Drawings describing a method to stabilize the City's waterfront. 7. Develop an Opinion of Probable Cost of the concept presented in the conceptual ,drawings for the City's use for funding as well as a "cost to return to pre -disaster condition" as required by FEMA. 8. Attend arap-Up Meeting with the City to present the assembled information to the City to decide on the concept for permitting and detailed design. 9. Prepare and Submit a United States Army Corps of Engineers SACE) Regulatory Permit Package — This effort includes preparation of the permit application itself, preparation of an 8.5"x11" permit drawing package, and Riverfront Park Damages — Lanier & Associates 2 preparation of other support documentation required by the application. This item assumes a meeting with the USACE in Galveston and well as an hour a week acting as the City's agent to follow up with the USACE after submission of the application. 10. Prepare and Submit a USACE Real Estate Permit Package - This effort includes preparation of the permit application itself, preparation of an 8.5"x11" permit drawing package, and preparation of other support documentation, such as a "DWG shape file" required by the application. This item assumes an hour a week acting as the City's agent to follow up with the USACE after submission of the application. 11. Coordinate with Horizon Environmental Services, Inc., (Horizon) to assemble the necessary National Environmental Polic�Act CNEPAI documents to be forwarded to the appropriate government agencies. The USACE permit package will require a wetland delineation of ' the area. The wetland delineation would be included in the contract to provide NEPA documents. If wetlands are present, then a mitigation plan would be required to be submitted with the application. This proposal assumes no wetlands are present, so a mitigation plan is not included in this proposal. Horizon's proposal is attached to this letter for reference. III. Additional Services All work that will be performed by the Engineer at the request of the City that is described in this paragraph and not included in the paragraphs above shall constitute Additional Services. Additional Services to be performed by the Engineer under an additional contract. Additional Services shall include, but are not limited to the following: PHASE II — DETAILED ENGINEERING 1. Perform Design Calculations needed to develop the preliminary design into a full implementable repair solution. 2. Develop Detailed "Issued for Bids" Design Drawings of the repair solution to be used to solicit competitive bids from contractors. 3. Assemble a Technical Specification Package to supplement the design drawings. This document would include necessary information for the construction of the repair, for use by the selected contractor. PHASE III — CONSTRUCTION SUPPORT 1. Attend Pre -Bid Meeting with Potential Bidders. Lanier will attend a meeting with the City and interested contractors to review the design drawings and Riverfront Park Damages — Lanier & Associates 3 specifications and answer questions. A site visit for potential bidders to see the construction site would be part of this meeting. 2. Review Bids and Provide Proj ect Award Advice. Lanier will review the bids with the City and help the City make an informed decision on whom to award the project to. 3. Assemble "Approved for Construction" Drawings incorporating any changes . made during the bid package, in order to issue to the contract recipient. 4. Attend Pre -Construction Meeting with the selected contractor and his sub- contractor(s) to review their proposed schedule, answer questions, and discuss any potential concerns. 5. Review and Approve Contractor Submittals and -Shop Drawings to monitor for contractor, supplier, and/or fabricator compliance with contract documents and specifications. 6. Provide Full -Time Construction Observation by one of our qualified field personnel. Lanier personnel will witness construction progress and provide documentation for the City's records. Down-time, construction issues, and field changes will be relayed to the owner for appropriate action. 7. Review and Comment of Contractor Invoices for City approval. Invoices submitted by the contractor will be verified against construction observation reports with field personnel for the City's acceptance and payment. IV. Coordination A. The Engineer shall hold monthly conferences with the Director of Public Works or his representatives to the end that the Project as developed shall have the full benefit of the City's experience and knowledge of existing needs and facilities, and be consistent with its current policies and standards. To assist the Engineer in this coordination, the City shall make available for the Engineer's use in planning and designing the Project all existing plans, maps, field notes, statistics, computations, and other data in its possession relative to existing facilities and to this particular Project, at no cost to the Engineer. However, any and all such information shall remain the property of the City and shall be returned if instructed to do so by the Director of Public Works. B. The Director of Public Works will act on behalf of the City with respect to the work to be performed under this Agreement. He shall have complete authority to transmit instructions, receive information, interpret and define the City's policies and decisions with respect to materials, equipment, elements and systems pertinent to Engineer's services. C. The City will give prompt written notice to the Engineer whenever the City observes Riverfront Park Damages — Lanier & Associates 4 or otherwise becomes aware of any defect in the Engineer's services or any development that affects the scope or timing of Engineer's services. D. The City shall furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be determined to be necessary by the City for the completion of the Project. The Engineer will provide the City reasonable assistance in connection with such approvals and permits such as furnishing of data compiled by the Engineer pursuant to other provisions of the contract, but shall not be obligated to develop additional data, prepare extensive reports or appear at hearings or the like unless compensated therefore under other provisions on this contract. E. The Engineer shall promptly report, in writing, to the City any development that would affect the scope or timing of the Project. V. Fee Schedule A. General For and in consideration of the services to be rendered by the Engineer in this, Agreement, the City shall pay the Engineer and the Engineer shall receive the compensation hereinafter set forth for the Engineer's services described in Sections II, III, and IV. B. Engineering Services The basis of compensation for Engineering Services shall be on a time and materials basis as noted in including in Attachment "A". The basic fee shall not exceed $217,500 B. Compensation for Additional Services that are authorized by the City shall be determined when needed. VI. City Payments A. Payments shall be made to the Engineer based on the several phases as described above and in accordance with the following: One hundred percent (100%) of the amount due the Engineer for work performed in each phase shall be payable on a monthly basis. B. Payment shall be made within thirty (30) days after submittal of the request for payment for work performed. Payment shall be considered past due forty-five (45) days after submittal. Riverfront Park Damages — Lanier & Associates 5 C. The City reserves the right to make an audit of charges claimed for this contract for services. VII. Revisions to Drawings and Specifications The Engineer shall make, without additional expense to the City over and above the basic fee, such revisions to the Final Phase as may be required to meet the needs of the City. After approval of the Final Phase by the City, any revisions, additions, or other modifications made at the City's request that involves extra services and expenses to the Engineer shall be subject to additional compensation to the Engineer for such extra services and expenses. VIII. Ownership of Documents All documents including the original drawings, estimates, specifications, field notes and data, will remain the property of the Engineer as instruments of service. However, it is to be understood that the City shall have free access to all such information with the right to make and retain copies of drawings and all other documents including field notes and data. Any reuse without specific written verification or adaptation by Engineer will be at City's sole risk and without liability or legal exposure to Engineer. IX. Termination Either party to this Agreement may terminate the Agreement by giving the other thirty (3 0) days notice in writing and in accordance with the following procedure: A. Upon delivery of such notice by either parry to the party, and upon expiration of the thirty day period, the Engineer shall discontinue all services in connection with the performance this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such others or contracts are chargeable to this Agreement. As soon as practicable after receipt of notice of termination, the Engineer shall submit a statement, showing in detail the services performed under this Agreement to the date of termination. The Owner shall then pay the Engineer promptly that proportion of the prescribed charges which the service actually performed under this Agreement that is applicable and useable of this Project, less such payments on account of the charges as have been previously made. Copies of specifications prepared under this Agreement shall be delivered to the City when and if this Agreement is terminated, but subject to the restrictions, as to their use, as set forth in Section VIII. B. Failure by the Engineer to comply with the submittal of the statement, and documents as required above shall constitute a waiver by the Engineer of any and all rights or claims to collect any monies that the Engineer may rightfully be entitled to for services performed under this Agreement. Riverfront Park Damages — Lanier & Associates 6 X. Engineer's Warranty The Engineer warrants that he has not employed or retained any company or person other than a bona fide employee working solely for the Engineer to solicit or secure this Contract, and that he has not for the purpose of soliciting or securing this Contract paid or agreed to pay any company or person, other than a bona fide employee working solely for the Engineer, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. XI. Equal Employment Opportunity The Engineer agrees to follow the City's Minority Business Enterprise Policy. XII. Assignment or Transfer of Interest The Engineer shall not assign or transfer its interest in the Contract without the written consent of the City. XIII. INDEMNIFICATION/LIABILITY THE ENGINEER SHALL SAVE HARMLESS THE CITY FROM CLAIMS AND LIABILITY DUE TO ACTIVITIES OF HIMSELF, HIS AGENTS, OR EMPLOYEES, PERFORMED UNDER THIS CONTRACT AND WHICH RESULT FROM AN ERROR, OMISSION, OR NEGLIGENT ACT OF THE ENGINEER OR OF ANY PERSON EMPLOYED BY THE ENGINEER. THE ENGINEER SHALL ALSO SAVE HARMLESS THE CITY TO THE EXTENT OF ENGINEER'S ERROR, OMISSION OR NEGLIGENT ACT FROM EXPENSES, INCLUDING ATTORNEY FEES WHICH MIGHT BE INCURRED BY THE CITY IN LITIGATION OR OTHERWISE RESISTING SAID CLAIM OR LIABILITIES WHICH MIGHT BE IMPOSED ON THE CITY AS RESULT OF SUCH ACTIVITIES BY THE ENGINEER, 141S AGENTS, OR EMPLOYEES. Notwithstanding the foregoing provision, Engineer agrees to indemnify and hold harmless the City for any personal injury claims arising from their employees, agents, or designees that may occur in connection with this agreement. The Engineer shall, within one week after signing the contract and before any work shall start, furnish the City with certificates of insurance, excluding professional liability and workmen's compensation naming the City as additional insured satisfactory to the City indicating the existence of Statutory Workmen's Compensation Insurance, and comprehensive General Liability Insurance and Professional Liability. Such insurance shall be at the Engineer's expense. The limits shall be as follows: Comprehensive General Liability and Auto Liability Insurance shall not be less than $1,000,000.00 per incident/$ 1,000,000.00 per occurrence. Riverfront Park Damages — Lanier & Associates 7 These certificates shall contain a provision that the City shall be notified thirty (30) days before cancellation of the insurance. The Engineer shall maintain such insurance in force during the life of the contract and no material modification or change of insurance coverage shall be made without thirty (30) days written advance notice to the City. XIV. Estimates of Cost Since the Engineer has no control over the cost of labor, materials or equipment or over the contractor's methods of determining prices, or over competitive bidding or market conditions, his opinions of probable Project Cost or Construction Cost provided for herein are to be made on the basis of this experience and qualifications and represent the standard of care and skill ordinarily used by members of Engineer's profession practicing under similar circumstances at the same time and in the same locality as a design professional familiar with the construction industry but the Engineer cannot and does not guarantee that proposals, bids or the construction cost will not vary from opinions of probable cost prepared by him. XV. Interest in City Contracts Prohibited No officer or employee of the City shall have a financial interest, direct or indirect, in any Contract with the City, or shall be financially interested, directly or indirectly, in the sale to the City of any land, materials, supplies or service, except on behalf of the City as an officer or employee. XVI. Federal Requirements A. Agency Concurrence. Signature of a duly authorized representative of Agency in the space provided on the signature page hereof does not constitute a commitment to provide financial assistance or payments hereunder but does signify that this Agreement conforms to Agency's applicable requirements. B. Audit and Access to Records. For all negotiated contracts and negotiated modifications (except those of $10,000 or less), Owner, Agency, the Comptroller General, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the Engineer which are pertinent to the Agreement, for the purpose of making audits, examinations, excerpts, and transcriptions. Engineer shall maintain all required records for three years after final payment is made and all other pending matters are closed. C. Restrictions on Lobbying. Engineer and each Consultant shall comply with Restrictions on Lobbying (Public Law 101-121, Section 319) as supplemented by applicable Agency regulations. This Law applies to the recipients of contracts and subcontracts that exceed $100,000 at any tier under a Federal loan that exceeds $150,000 or a Federal grant that exceeds $100,000. If applicable, Engineer must complete a certification form on lobbying activities related to a specific Federal loan or grant that is a funding source for the Agreement. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or Riverfront Park Damages — Lanier & Associates 8 organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 USC 1352. Each tier shall disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Certification and disclosures are forwarded from tier to tier up to the Owner. Necessary certification and disclosure forms shall be provided by Owner. D. Suspension and Debarment. Engineer certifies, by signing this Agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Engineer will not contract with any Consultant for this project if it or its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Necessary certification forms shall be provided by the Owner. XVII. Jurisdiction and Venue Jurisdiction and venue for all disputes between the City and the Engineer will be exclusively in the State District Court, Jefferson County, Texas, or Federal District Court for the Eastern District of Texas, Beaumont Division. XVIII. Entire Agreement This Agreement, together with Attachment "A", shall represent the entire integrated Agreement between the City and the Lanier & Associates Consulting Engineers, Inc., and supersedes all prior negotiation, representations, or agreements, either orally, or by written. This Agreement may be amended only by written instrument signed by both the City and Lanier & Associates Consulting Engineers, Inc. SECTION 2 IN WITNESS WHEREOF, the City of Beaumont has lawfully caused these presents to be executed by the hand of the City Manager of said City, and the Corporate Seal of said City to be hereunto affixed and this instrument to be attested by the City Clerk, and hereunto authorized David Cowart, P.E., does now sign, execute and deliver this document. Done at Beaumont, Texas, on this day of , A.D. 2018. Attest: Riverfront Park Damages — Lanier & Associates 9 Lanier & Associates Consulting Engineers, Inc. Witness: BMW _- 'EM "M CITY OF BEAUMONT City Manager Attachment A Excellence By Design... Since 1974 LANIER & ASSOCIATES CONSULTING ENGINEERS, INC. Texas Registered Engineering Firm F-2981 October 24, 2018 (via email) Dr. Joseph Majdalani Public Works Director City of Beaumont 801 Main St., Beaumont, TX 77701 (Joseph.Majdalanai ,beaumonttexas.gov) Re: City of Beaumont Riverfront Park Stabilization Preliminary Engineering Revised Proposal for Engineering Services Lanier No. 10888-0 Dear Dr. Majdalani: Lanier & Associates Consulting Engineers, Inc. (Lanier) is pleased to present this revised proposal for engineering services related to the stabilization of the City of Beaumont's (City) shoreline at the Riverfront Park location in Beaumont, TX. As a result of the flooding during Tropical Storm Harvey, the City lost a significant portion of its shoreline in its Riverfront Park. In addition, the damage left the park and shoreline in an unstable and unusable condition. Due to the nature of the project this proposal is broken up into three (3) phases: Phase I - Preliminary Engineering; Phase II - Detailed Engineering; and Phase III - Construction Support. The scope of Phase I will be to identify the City's goals for stabilizing and repairing the park, and establishing a preliminary design which can then be further developed during a detailed engineering effort. The cost of the preliminary engineering effort is 'included in this proposal. The costs for the detailed engineering and construction support phases of the project will be provided at a later date after the scope of the project and repair concepts have been further developed during the preliminary engineering phase. The City has requested that Lanier provide the following proposal to provide preliminary engineering for this project. NEW ORLEANS 4101 Magazine Street, New Orleans, LA 70115 (604) 895-0368 FAX (504) 895-0566 BEAUMONT 696 Orleans Street, Suite 600, Beaumont, TX 77701 (409) 212-1051 FAX (409) 212-1541 HOUSTON 3100 Timmons, Suite 435, Houston, TX 77027 (713) 664-5373 WEB SITE www.lader-engineers.corn GENERAL EMAIL ADDRESS infoQlanier-engineers.com Dr. Joseph Majdalani, City of Beaumont October 24, 2018 Page 2 PROPOSED SCOPE OF WORK Based on our current understanding of the project, the following is a list of tasks that we propose to undertake: PHASE I - PRELIMINARY ENGINEERING 1. Attend a Kickoff Meeting on site with the City to define the scope and site limits of proj ect. 2. Prepare a Design Basis Document for the City to review and comment on. 3. Perform Hydrographic and Topographic Surveys of the site. Lanier will perform hydrographic and topographic surveys in order to develop post storm plan and section drawings of the City's property. 4. Develop Pre and Post Harvey Plans and Sections to delineate the loss of waterfront and material the City experienced as a result of Tropical Storm Harvey. Historical information acquired from the United States Corps of Engineers will be used to define the pre -storm condition. Material loss quantities will be calculated based on these drawings. This information is required by FEMA and will be provided to the City for appropriate distribution. 5. Coordinate with Tolunay--Wong Engineers Inc (TWE) to provide a geotechnical investigation of the area and produce a geotechnical reportwith design recommendations, for use by the City and Lanier during the preliminary and detailed design phase of the project. TWE's proposal is attached to this letter for reference. 6. Develop Conceptual Repair Drawings describing a method to stabilize the City's waterfront. 7. Develop an Opinion of Probable Cost of the concept presented in the conceptual drawings for the City's use for funding as well as a "cost to return to pre -disaster condition" as required by FEMA. 8. Attend a Wrap Up Meeting with the City to present the assembled information to the City to decide on the concept for permitting and detailed design. Dr. Joseph Majdalani, City of Beaumont October 24, 2018 Page 3 9. Prepare and Submit a United States Army Corps of Engineers (USAGE) Regulatory Permit Package. This effort includes preparation of the permit application itself, preparation of an 8.5"x11" permit drawing package, and preparation of other support documentation required by the application. This item assumes a meeting with the USACE in Galveston and well as an hour a week acting as the City's agent to follow up with the USACE after submission of the application. 10. Prepare and Submit a USACE Real Estate Permit Package. This effort includes preparation of the permit application itself, preparation of an 8.5"x11" permit drawing package, and preparation of other support documentation, such as a "DWG shape file" required by the application. This item assumes an hour a week acting as the City's agent to follow up with the USACE after submission of the application. 11. Coordinate with Horizon Environmental Services Inc. (Horizon) to assemble the necessary National Environmental Policy Act (NEPA) documents to be forwarded to the appropriate government agencies. The USACE permit package will require a wetland delineation of the area. The wetland delineation would be included in the contract to provide NEPA documents. If wetlands are present, then a mitigation plan would be required to be submitted with the application. This proposal assumes no wetlands are present, so a mitigation plan is not included in this proposal. Horizon's proposal is attached to this letter for reference. PHASE II — DETAILED ENGINEERING 1. Perform Design Calculations needed to develop the preliminary design into a full implementable repair solution. 2. Develoi) Detailed "Issued for Bids" Design Drawings of the repair solution to be used to solicit competitive bids from contractors. 3. Assemble a Technical Specification Package to supplement the design drawings. This document would include necessary information for the construction of the repair, for use by the selected contractor. PHASE III — CONSTRUCTION SUPPORT 1. Attend Pre -Bid Meeting with Potential Bidders. Lanier will attend a meeting with the City and interested contractors to review the design drawings and specifications and answer questions. A site visit for potential bidders to see the construction site would be part of this meeting. Dr. Joseph Majdalani, City of Beaumont October 24, 2018 Page 4 2. Review Bids and Provide Proiect Award Advice. Lanier will review the bids with the City and help the City make an informed decision on whom to award the project to. 3. Assemble "Approved for Construction" Drawings incorporating any changes made during the bid package, in order to issue to the contract recipient. 4. Attend Pre -Construction Meeting with the selected contractor and his sub -contractors) to review their proposed schedule, answer questions, and discuss any potential concerns. S. Review and Approve Contractor Submittals and Shop Drawings to monitor for contractor, supplier, and/or fabricator compliance with contract documents and specifications. 6. Provide Full -Time Construction Observation by one of our qualified field personnel. Lanier personnel will witness construction progress and provide documentation for the City's records. Down-time, construction issues, and field changes will be relayed to the owner for appropriate action. 7. Review and Comment of Contractor Invoices for City approval. Invoices submitted by the contractor will be verified against construction observation reports with field personnel for the City's acceptance and payment.. DELIVERABLES FOR PHASE I -PRELIMINARY ENGINEERING We propose to provide the following list of deliverables associated with the work defined above in Phase I: • Design Basis Document • Pre and Post Harvey Plans and Sections • Geotechnical Report • Conceptual Repair Drawings • Opinion of Probable Cost for Conceptual Repair • Opinion of Probable Cost to Return Site to Pre -Disaster Condition • NEPA Coordination Letter • USACE Regulatory Permit Package • USACE Real Estate Permit Package CLARIFICATIONS FOR PHASE I — PRELIMINARY ENGINEERING For your consideration, we note the following clarifications which may be relevant to the project: Dr. Joseph Majdalani, City of Beaumont October 24, 2018 Page 5 1. This proposal includes USACE Regulatory and Real Estate permitting efforts. Please keep in mind permitting durations vary greatly and upon submission of a permit application realistic wait times can approach or, in some circumstances, exceed a year. 2. This proposal does not include assembling documents or applications for any grant funding, FEMA or otherwise, other than the specific tasks outlined in the above proposal. 3. The Conceptual Repair Drawings described in this proposal as. part of Phase I are for discussion and cost estimating purposes. Additional engineering in Phase II will be required in order to develop the drawing set into an "Approved for` Construction" drawing package. 4. This proposal does not include a passing vessel study or scour analysis of the new structure. Lanier does not currently see a need for this, however if one is deemed necessary for permitting or otherwise, Lanier can coordinate with a consultant to provide these services at an additional cost. ESTIMATED COSTS & SCHEDULE FOR PHASE I — PRELIMINARY ENGINEERING We propose to perform the PHASE I — PRELIMINARY ENGINEERING tasks defined above on a RATE SCHEDULE BASIS in accordance with our current FEE PLAN at the time our services are provided. A copy of our 2017 FEE PLAN is attached. Rates in our Fee Plan are reviewed annually and may change in January of each year. We estimate the costs associated with the proposed PHASE I — PRELIMINARY ENGINEERING services (including TWE and Horizon's proposals with Lanier's 10% markup) will total $217,500, and be performed within 10 to 12weeks upon acceptance of this proposal. This cost and schedule is based on our best judgment of the project requirements known to us at the time of this proposal. The ultimate cost and schedule may be influenced favorably or adversely by changes in client needs, scope changes, or other project related circumstances, each of which shall be detailed in writing and presented to the client. Lanier looks forward to working with the City of Beaumont on this project. Should you have any questions or if we can be of any assistance, please don't hesitate to contact us at our Beaumont office. Dr. Joseph Majdalani, City of Beaumont October 24, 2018 Page b Very truly yours, LANIER & ASSOCIATES CONSULTING ENGINEERS, INC. Michael J. Schneider, P.E. Civil/Structural Engineer mschneider(a),lanier-enuineers.com Accepted by: Title: Date: Email Address: Organization: Mailing Address: Encls: 2017 FEE PLAN TWE Proposal No. P18 -B285 Horizon Proposal dated: October 23, 2018 cc: David Cowart — Lanier & Associates