R2022-204 2022-10-10RESOLUTION NO. R2022-204
A Resolution of the City Council of the City of Pearland, Texas, authorizing a
construction management and construction inspection services contract with
Cobb Fendley Associates, Inc., in the estimated amount of $264,565.30, for the
Safe Routes to School Project.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract for construction management and construction
inspection services associated with the Safe Routes to School Project, a copy of which is attached
hereto as Exhibit “A” and made a part hereof for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute, and
the City Secretary to attest, a contract for construction management and construction inspection
services associated with the Safe Routes to School Project.
PASSED, APPROVED and ADOPTED this the 10th day of October, A.D., 2022.
________________________________
J. KEVIN COLE
MAYOR
ATTEST:
________________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
APPROVED AS TO FORM:
________________________________
DARRIN M. COKER
CITY ATTORNEY
DocuSign Envelope ID: 09D6CE43-B711-4E8A-99F5-6A28F8C675B1
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DocuSign Envelope ID: B1868E7F-4352-4F09-BF7D-F0C453238F8A
DocuSign Envelope ID: B1868E7F-4352-4F09-BF7D-F0C453238F8A
DocuSign Envelope ID: B1868E7F-4352-4F09-BF7D-F0C453238F8A
DocuSign Envelope ID: B1868E7F-4352-4F09-BF7D-F0C453238F8A
DocuSign Envelope ID: B1868E7F-4352-4F09-BF7D-F0C453238F8A10/11/2022 | 8:43 AM CDT
DocuSign Envelope ID: B1868E7F-4352-4F09-BF7D-F0C453238F8A
DocuSign Envelope ID: B1868E7F-4352-4F09-BF7D-F0C453238F8A
Design 1 of 1 D29. Revised 2016
EXHIBIT A
CONSTRUCTION MANAGEMENT
SCOPE OF SERVICES
FOR
SAFE ROUTES TO SCHOOLS: CSJ 0912-31-318
DocuSign Envelope ID: B1868E7F-4352-4F09-BF7D-F0C453238F8A
Design 2 of 10 D5. Revised 01/12
BASIC SERVICES: Construction Manager(s) shall render the following
professional services to the OWNER in connection with the construction of
the Project.
1. Pre-Construction (on specific projects, as requested by the
City/Owner)
1.1. Provide constructability review of plans, specifications, contract
documents and validity of Engineer of Record’s project duration.
Identify construction issues, conflicts, deficiencies, review the
adequacy and accuracy of the design and independent verification
of quantities.
1.2. Attend Pre-Bid Meeting; provide feedback to City’s Project Manager
as necessary, such as: tracking and recording questions for the
Engineer’s written response, clarifying the Owner’s expectations for
the project and the project execution.
1.3. Chair Pre-Construction Meeting
1.3.1. Schedule and conduct the pre-construction meeting;
record and disseminate minutes from pre-construction
meeting.
1.3.2. Utilize the City’s system: set communications protocol
and contract administration procedures, establish
progress meeting schedule and submittal schedule.
1.3.3. Provide agenda for meeting: Key milestone dates,
pay application procedures, schedule, public
notification issues and procedures, utility coordination
issues, traffic control, permitting, property owner
notification and coordination, temporary facilities,
contractor’s use of City’s system, etc.
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Design 3 of 10 D5. Revised 01/12
2. Construction Administration and Management Services
2.1. Act as the City’s on-site representative administering the contract
for construction and providing overall project oversight, maintain
record of decisions and changes made.
2.2. Meetings: Schedule and conduct construction progress meetings;
record minutes from construction progress meetings and distribute
via email to: City Project Manager, Design Engineer and contractor
throughout the duration of the project.
2.2.1. Schedule meetings every two weeks, minimum, to
review the following: work progress and schedule,
outstanding issues, status of submittals and
responses shop drawings unforeseen issues and
changes to the work.
2.2.2. Coordinate additional meetings as necessary to
discuss and resolve problems and provide guidance
in a timely manner.
2.2.3. Coordinate/monitor the following: utility relocation
activities for compliance, utility installation verification,
reporting, record management and as-built drawings.
2.2.4. Attend all utility coordination, construction, and
scheduling meetings.
2.2.5. Obtain copy of ROW permit and prints from Public
Works in order to monitor progress of utility relocation
per permit/plan.
2.3. Manage Construction
2.3.1. All final documentation is required in electronic/digital
format, utilizing DropBox or other available system as
is feasible.
2.3.2. As field problems arise, notify the Design Engineer
and City Project Manager of proposed solutions to
resolve problems.
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Design 4 of 10 D5. Revised 01/12
2.3.3. Review and update as-built documents regularly with
contractor.
2.3.4. Monitor and ensure adherence to approved project
baseline schedule. Review contractor’s schedule
monthly, ensure compliance with City’s intended
schedule, and provide recommendations as needed
to retain and regain schedule if needed.
2.3.5. Recommend alternate project sequencing/scheduling
to keep project on schedule.
2.3.6. Prepare monthly summary report of construction
activities with outstanding issues outlined for review.
Monthly progress information associated with the
project will be submitted to the Project Manager for
review and approval.
2.3.7. Record weather conditions on jobsite daily.
2.4. Coordinate work of contractor with external agencies and utility
companies. Coordinate contractor’s operations with regard to other
City contracts and construction as well as with property owners for
planned service outages, street closures, and access control issues
to properties including notifications.
2.4.1. Verify construction conformance and compliance with
TCEQ, NOI and NOT.
2.4.2. Verify construction conformance with permitted
activities such as: City of Pearland permits, U.S. Army
Corps of Engineers permits, TxDOT roadway permits,
and any Railroad agreements.
2.5. Maintain records of all decisions, actions and activities with regard
to construction operations electronically for future transmittal to the
city.(i.e. Change Orders, RFIs and responses, Submittals and
responses, Request for Proposals, correspondence, SWPPP
inspections.)
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Design 5 of 10 D5. Revised 01/12
3. Construction Inspection Services
3.1. Provide full-time on-site technical observation of Contractor’s
activities to verify and ensure all work materials, structures,
equipment and workmanship comply with the Contract Documents
including Addenda, and Change Orders. Verify and ensure that
Contractor maintains good construction practices and professional
standards prevailing in the local City, County, and State of Texas.
Maintain electronic file for all inspection reports.
3.1.1. Notify the City Project Manager if Contractor’s work is
not in compliance with the Contract Documents or
specifications. Notify the City Project Manager and
Design Engineer of any failure of the Contractor to
take measures to repair and bring work in
compliance.
3.1.2. Issue Advisory Notices to Contractor for work that is
not in compliance with approved construction
documents.
3.1.3. Issue Non-Compliance Reports to Contractor if non-
conforming work is not brought into compliance or if
plan of action to bring work into compliance is not
conducted in timely manner.
3.1.4. Inspect and observe the materials and equipment
being incorporated into the work to assure that they
are handled, stored and installed in accordance with
the Contract Documents and specifications. Report to
the City Project Manager regarding these activities.
3.2. Identify record and notify Design Engineer of any problems or
failures to meet performance requirements in a timely manner to
minimize delay in the progress of the project, make
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Design 6 of 10 D5. Revised 01/12
recommendation(s) for appropriate solution to the City Project
Manager and Design Engineer.
3.3. Prepare and maintain daily progress log or daily construction
reports, photographs, records and track quantities installed that
day. Retain all records and transmit daily report within 24 hours to
City PM.
3.4. Ensure contractor reviews and approves daily reports and
quantities.
3.5. Verify contractor has obtained necessary permits and is
maintaining any Traffic Control, public notification and Storm Water
Pollution Prevention Plans, facilities, equipment or arrangements in
accordance with contract documents.
3.6. Attend and participate in progress meetings.
3.7. Create contacts for your record for: names, addresses, telephone
numbers and email of all contractors, subcontractors, sub
consultants and major suppliers of material and equipment; store
electronically for record retention.
3.8. Immediately notify the City Project Manager and Design Engineer
in the event of an on-site accident. Record and note conditions,
activities and witnesses to the event.
3.9. Maintain Resolution Log and respond to citizen complaints
electronically via DropBox or other share type system.
3.10. Consult with City Project Manager and Design Engineer in
advance of scheduled major work operations, tests, inspections or
start of important phases of project.
4. Pay Applications
4.1. Pay applications will be generated by the Construction Manager
based on quantities approved in the daily reports.. Review and
verify quantities provided by contractor for all work in compliance
with contract documents.
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Design 7 of 10 D5. Revised 01/12
4.1.1. Review work conducted daily on daily inspection
reports and material installed measurements
submitted by contractor; verify work conducted and
bid item quantities; meet monthly to review pay
estimate and quantities with contractor
4.1.2. Review progress pay application with Design
Engineer for approval or revision prior to submittal to
City.
4.1.3. Finalize pay application with signatures from
Contractor, Engineer and Construction Manager
certifying quantities and amounts.
4.1.4. Notify City Project Manager when all electronic
signatures are completed for invoice processing.
4.1.5. Track and record requests for rain or other delays
with potential to add to Contract Time in Daily
Reports.
4.1.6. Provide an independent quantity forecast bid items to
identify potential quantity over-runs as part of pay
estimate review.
4.2. Upon completion of the work, prepare a final progress payment
including a balancing change order zeroing out all unused
quantities. Identify and add additional quantities and make any
approved changes to the Contract Time.
4.2.1. Review and coordinate with Design Engineer to
provide Engineer’s recommendation for Substantial
Completion or Final Acceptance. (See Close-out
Section)
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Design 8 of 10 D5. Revised 01/12
5. Document Control
5.1. Utilize a file system: receive, route, track and log all Contractor
communications, Submittals, Change Orders, RFIs, Pay
Applications and Citizen Complaint/Resolution Log; communicate
with Contractor the status of submittal reviews; review submittal
and RFI log to ensure timely responses; notify City Project
Manager, Contractor and Design Engineer of time critical issues.
5.1.1. Respond to RFIs when such response does not
require the Engineer’s opinion or expertise or
direction from City.
5.1.2. Assemble and maintain notes, comments, sketches
and supportive data relative to the Project to facilitate
the revision of drawings to conform to the final as-built
conditions. Review Contractor’s record keeping
periodically to ensure completeness, timeliness and
progress.
6. Change Orders
6.1. Prepare and issue request for proposals in a timely manner.
Review RFP and contractor proposal for additional work with City
Project Manager and Design Engineer for approval. Ensure the
status of RFP and Responses from Contractor, City and Design
Engineer are logged and tracked.
6.2. Provide recommendation on technical matters as an advocate for
the City. Evaluate Contractor’s response/proposal for merit, cost,
time, accuracy and price practicality. Negotiate with Contractor on
City’s behalf if required.
6.3. Prepare Change Order and documentation including signatures of
Contractor, Engineer and Construction Manager for delivery to City.
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Design 9 of 10 D5. Revised 01/12
7. Testing Laboratory and Results
7.1. Coordinate testing laboratory activities with Contractor’s activities.
Review test reports for compliance with Contract Documents. Log,
track and retain test reports. Review results with Contractor.
Monitor any corrective action and re-testing for compliance.
Maintain compliance with City’s specifications
7.1.1. Review lab test reports and log any failures.
7.1.2. Review Invoicing from Laboratory to daily activities.
8. Project Completion and Close out
8.1. A. Provide list of deliverables for substantial completion walk
through/inspection. Schedule and conduct project walk through
upon receipt of Contractor’s notification of substantial completion.
Include City Project Manager, Design Engineer and others as
directed. Prepare a list of non-conforming work based on visual
inspections. Record and monitor contractor’s corrective efforts and
schedule. Schedule final completion inspection for any remaining
corrections.
B. Coordinate and obtain Design Engineer’s signature and seal on
Substantial Completion certificate and Final Completion and
Acceptance certificate.
8.2. Review and compile any Operation and Maintenance documents
required from the Contractor – forward to Engineer for review.
Ensure Contractor’s closeout documents prepared and provided to
the City. Review for completeness and accuracy, including;
affidavits of final payment, final pay estimates, as built records,
redlines and drawings. Once received, notify the Design Engineer
and City Project Manager when completed.
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Design 10 of 10 D5. Revised 01/12
8.2.1. Upon completion of close out items, provide
recommendation for City’s Substantial
Completion/Final Acceptance certificate.
8.2.2. Provide indexed project files,redline plans and asbuilt
or record drawings to City.
8.3. Conduct Project Close-Out Meeting.
8.4. Prepare and recommend final payment applicatio n. (Prepare job
record logs transmittals, and correspondence reports in an
organized file for delivery to City.)
8.5. Consult with City on any potential Warranty items requiring repair or
replacement.
9. Warranty Period
9.1. Schedule, arrange and coordinate a One Year Walk-through of the
project to review status of the work 30 days prior to expiration of the
One Year Maintenance period.
9.2. Provide staff to conduct and participate in the warranty inspections.
9.3. Prepare list of nonconforming work for presentation to the City
Project Manager, Design Engineer and Contractor.
9.4. Oversee repairs for nonconforming work with Contractor.
9.5. Submit final report on completed warranty repairs.
DocuSign Envelope ID: B1868E7F-4352-4F09-BF7D-F0C453238F8A
8/18/2022
$ 245.00 $ 137.00
Construction Contract Duration 26 months
TOTALS Labor Cost Week
1
Week
2
Week
3
Week
4
Week
5
Week
6
Week
7
Week
8
Week
9
Week
10
Week
11
Week
12
Week
13
Week
14
Week
15
Week
16
Week
17
Week
18
Week
19
Week
20
Week
21
Week
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Week
23
Week
24
Week
25
Week
26
Week
27
Week
28
Week
29
Week
30
Week
31
Phase
Construction Manager
Regular Activities 155 37,975$ 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5
Progress Meetings 60 14,700$ 0 4 0 4 0 4 0 4 0 4 0 4 0 4 0 4 0 4 0 4 0 4 0 4 0 4 0 4 0 4 0
Inspector 620 84,940$ 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20
Contract Specialist 620 88,040$ 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20
Total 225,655$
Total Equip/Misc Reimbursable Cost (See Below)3,586$
Total Costs 229,241$
Equipment and Misc Reimbursable Cost Items
Week
1
Week
2
Week
3
Week
4
Week
5
Week
6
Week
7
Week
8
Week
9
Week
10
Week
11
Week
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Week
13
Week
14
Week
15
Week
16
Week
17
Week
18
Week
19
Week
20
Week
21
Week
22
Week
23
Week
24
Week
25
Week
26
Week
27
Week
28
Week
29
Week
30
Week
31
Mileage (visits at IRS rate )486$ 900$ 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60
Lead Inspector Vehicle (includes mileage)3,100$ 3,100$ 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100
Subtotal 3,586$
3,586$
Notes:
3. Overtime will be charged at normal billing rates.
Level of Effort
ATTACHMENT B
Construction Management and Inspection for City of Pearland, Safe Route to School
CSJ 0912-31-318
NA
Contract Specialist Project Engineer Inspector Construction Manager
$ 142.00
2. This LOE assumes two progress meetings per month
List of classifications and rates
Units/Week
Hours/Week
1. This LOE is based on a contract time of 249 calendar days to substantial completion and 279 days to final.
DocuSign Envelope ID: B1868E7F-4352-4F09-BF7D-F0C453238F8A
June 27, 2022
Cobb Fendley
13430 Northwest Freeway, Suite 1100
Houston, TX 77040
713.462.3242 Phone
sbyington@cobbfendley.com
Attention: Stephen Byington, P.E.
Department Manager
Reference: Construction Phase Services - Materials Testing
Pearland Safe Rout to School
City of Pearland, Texas
GETI Proposal No. 22037
Geoscience Engineering & Testing, Inc. (GETI) is pleased to provide our proposed fee for material testing
services in response to your request for the above referenced project.
Project Information
Project information was provided by City of Pearland Engineering and Capital Projects Department
through E-Bid System and included the following:
1. Project Drawings provided by Cobb Fendley.
The project will entail the Construction of 5- to 6-FT sidewalks with slotted curb along Mclean Rd from
Village Creek Dr to Springfield Ave, Veterans Dr at Cowart Creek, Veterans at Springfield Ave, Veterans
at Stonebridge Dr, Old Alvin Rd at McHard Rd, Pearland Pkwy from McHard Rd to Hidden Glen Ln, Knapp
Rd from Glenda Street to Old Alvin Rd, Old Alvin Rd from Knapp Rd to just south of Knapp Rd,
Glastonbury Dr from Robinson Dr to approximately 350’ west, Old Oaks Blvd, Fite Rd from east of
Harkey Rd to Centennial Village Dr, Harkey Rd from Fite Rd to Josephine Dr, and Josephine Dr from
Harkey Rd to Wagon Trial Rd. The work includes regarding swales with safety end treatments, riprap
ditches, driveway reconstruction, installation of 20-LF of 7’x7’ storm sewer boxes and pavement
markings.
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Scope of Work
GETI is pleased to offer a program of acceptance testing and observation which will include the
following items:
A. Laboratory compaction and field density testing of utility backfill
B. Concrete observations and testing to determine the compressive strength of concrete
C. Reinforcement steel observations
Fee Estimate
Based on the plans and other documents provided our estimated fees for this project are approximately
$32,113.00. This is a good faith estimate, and suggested budget only, since the actual cost will depend on
the contractor’s schedule, which at the time of this proposal was not available, and efficiency, items over
which we have no control. You will be billed only for the actual services performed.
The GETI Fee Schedule of Personnel and Tests is also attached.
We appreciate your consideration and this opportunity. We look forward to working with you on this
project. If you have further questions or require additional information, please do not hesitate to call.
Respectfully Submitted,
GEOSCIENCE ENGINEERING & TESTING INC.
TEXAS F-4802
James Taylor, CET
Branch Manager
Geoscience Engineering & Testing, Inc.
Attachments Proposal Acceptance
Project General Notes
Terms & Conditions
Fee Estimate
DocuSign Envelope ID: B1868E7F-4352-4F09-BF7D-F0C453238F8A
3
PROPOSAL ACCEPTED BY:
__________________________________ ________________________
Signature Date
__________________________________ ________________________
Printed Name Company
__________________________________
Title
PROJECT GENERAL NOTES
1. Special tests and observations not contained herein will be quoted on a specific request basis.
2. Trip charges will be made by our technician to the site, including cancellations, with a minimum time of 4 hours.
3. All services on an hourly basis will be charged at the applicable hourly rate, portal to portal from our laboratory
4. Minimum technician time of 4 hours will be billed for any and all field observation trips, except sample pick up trips
which will be billed at a minimum technician time of 2 hours.
5. Overtime rate of 1.5 times the regular published hourly rate will be billed charged for all work over 8 hours per day
on Monday through Friday and for all hours worked on Saturday, Sunday and Holidays.
6. When GETI provides periodic services at the job site during construction. Client agrees that in accordance with
generally accepted construction practices, the contractor will be solely and completely responsible for working
conditions on the job site. Including safety of all persons and property during the performance of the work and
compliance with OSHA regulations, and that these requirements will apply continuously and not be limited to
normal working hours.
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4
GENERAL TERMS AND CONDITIONS
Standard of Care: GETI will represent CLIENT in a professional manner, using proper skills and care normally associated
with the type of project and geographical location of the project. The only warranty or guarantee made by GETI in
connection with the services requested or performed hereunder is that we will use that level of skill ordinarily exercised
under similar conditions by reputable members of our profession practicing in the same or similar locality. No other
warranty, expressed or implied, is made or intended by our proposal for services or by furnishing oral or written reports.
Sample Disposal Agreement: Unless otherwise requested, test specimens will be disposed of 4 weeks upon completion of
testing. Upon written request, GETI will retain test specimens for a specified period of time, to be determined at the time
of writing.
Insurance: GETI maintains Comprehensive General Liability Insurance and Liability Insurance with bodily injury and
property damage. Professional Liability Insurance is also provided for the protection of GETI. A Certificate of Insurance
can be supplied evidencing such coverage.
Termination: This agreement may be terminated by either party based on two days’ written notice. Upon termination, the
GETI will be paid in full for all services performed and will provide copies of all reports to CLIENT.
Underground Utilities: GETI is not responsible for locating or identifying underground utilities. Although GETI will call TEXAS
ONE CALL in order to seek input from utility owners and take all reasonable care to avoid damage or injury to subterranean
structures or utilities, the CLIENT agrees to hold GETI harmless for any damages to subterranean structures which are not
called to our attention and correctly shown on the plans furnished.
Right of Entry: The CLIENT further agrees to provide the right of entry of GETI to the site for the provision of service. While
GETI will take all reasonable precautions to minimize any damage to the property, It Is understood by the CLIENT that in
the normal course of work, some damage may occur and that the correction of such is not part of this agreement.
Limitation of Liability: The CLIENT agrees to limit GETI’s liability to the owner, any and all construction contractors, sub-
contractors, sub-consultants and other third parties arising from GETI’s professional acts, errors or omissions, on the
project such that the total aggregate liability of GETI to all those named shall not exceed the limits of professional liability
held by GETI ($1,000,000) as of the date of this contract.
Payment Terms: Payment is due upon receipt of our invoice. If payment is not received within 30 days from the invoice
date, client agrees to pay a finance charge on the principal amount of the past due account of one and one-half percent
per month (nominally 19.56% effective rate per annum). If one and one-half percent per month exceeds the maximum
allowed by law, the charge shall automatically be reduced to the maximum legally allowable. Reasonable attorney fees,
personnel charges, or any costs incurred in collecting delinquent accounts will be charged to the client. All sums due are
payable in Harris County, Texas.
In the event client requests termination prior to completion, a termination charge in the amount equal to all charges
incurred through the date services are stopped plus any shut down costs may, at the discretion of Geoscience Engineering
& Testing, Inc. (GETI) be made. If GETI is required to stop operations because of changes in the scope of services as
requested by the client or requirements of third parties, additional charges will be applicable. GETI reserves the right to
withhold any letters and reports pending payment for services.
Agreement: This agreement including these terms and conditions, represents the entire agreement between GETI and
CLIENT and supersedes any previous agreements, negotiations, or representations, whether oral or written. This
agreement
DocuSign Envelope ID: B1868E7F-4352-4F09-BF7D-F0C453238F8A
10100 30 Hr.200.00 $6,000.00
10200 60 Hr.90.00 $5,400.00
10700 220 Hr.65.00 $14,300.00
10800 0 Hr.97.50 $0.00
15000 50 EA.72.50 $3,625.00
Sub Total Labor $29,325.00
Portland Cement Concrete
30100 24 Ea 17.00 $408.00
40100 1 Ea 200.00 $200.00
2112 Ea 350.00 $0.00
2117 Ea 13.50 $0.00
2119 Ea 78.00 $0.00
$608.00
Soils
90100 Ea 65.00 $0.00
90600 Ea 50.00 $0.00
92300 2 Ea 210.00 $420.00
92800 Ea 245.00 $0.00
94100 8 Ea 70.00 $560.00
94500 2 Ea 225.00 $450.00
95100 15 Trip 50.00 $750.00
$2,180.00
Total of Estimate $32,113.00
Sub Total Soils
Liquid & Plastic Limits
Nuclear Density Gauge
OMD Standard Compaction, Treated
Optimum Lime Content - PI Method
Cement Sand Compressive Strength
OMD Standard Compaction
Percent Passing #200 Sieve
Mix Design Review
Sub Total Concrete
Concrete Coring Minimum Charge
Concrete Coring, addl. Thickness (6"-12")
Preparation of Core, Cap & Test
Compressive Str. (Cylinder)
Vehicle Charge
Pearland Safe Route To School GETI Proposal No. 22037 April 22, 2022
Principal, P.E.
Project Manager
City of Pearland Fee Schedule
Construction Materials Engineering Services Labor Rates
Technician, NICET II, ACI CI, HMA-1A, NDT II, Logger, TxDOT Soil SB-101 and
Technician, OT
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