HomeMy WebLinkAboutR2023-011 2023-01-23DocuSign Envelope ID: 254A5A33-7308-42E8-90F2-F84BAA3C7794
RESOLUTION NO. R2023-11
A Resolution of the City Council of the City of Pearland, Texas, authorizing a
contract with Cobb Fendley & Associates, Inc., for design services associated
with the FM 518 Utility Relocation Project (Broadway Street from SH 288 to Old
Chocolate Bayou Road), in the estimated amount of $541,968.00.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract for design services associated with the FM 518 Utility
Relocation 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 design services associated with FM 518 Utility Relocation
Project.
PASSED, APPROVED and ADOPTED this the 9th day of January, A.D., 2023.
DocuSigned by:
J. I� / f 46LE
MAYOR
ATTEST:
DocuSigned by:
FV'A,IA,Gt,S aSar
FRA MbUILAR, TRMC, MMC
CITY SECRETARY
APPROVED AS TO FORM:
,-DocuSigned by:
E 13 CA81i'ti'B B 1 F�BE3.
DARRIN M. COKER
CITY ATTORNEY
DocuSign Envelope ID: A602D6FE-7005-40F6-987F-763DD612O75A
Exhibit A
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT is entered into upon final execution by and between the City of Pearland
("CITY") and Cobb, Fendley & Associates. Inc. ("CONSULTANT").
The CITY engages the CO\ISI.; LTANT to perform professional services for a project known and
described as FM 518 Utility Relocation (HWY 288 to Old Chocolate Bayou Rd) ("PROJECT").
(Project ttWA2I03 and WW2104)
SECTION T - SERVICES OF THE CONSULTANT
The CONSULTANT shall perform the following professional services to CITY standards and in
accordance with the degree of care and skill that a professional in Texas would exercise under the
same or similar circumstances:
A. The CONSULTANT shall provide professional services. Sec Exhibit A, attached,
for a detailed SCOPE OF' WORK and PROJECT schedule. The PR()Jl-i(T schedule
shall be submitted in digital and hard copy form in the Microsoft Project for
Windows format.
B. The CONSULTANT shall prepare and submit a detailed opinion of estimated cost
of the PROJECT.
C. The CONSULTANT acknowledges that the CITY (through its employee
handbook) considers the following to he misconduct that is grounds for termination
of a CI'T'Y employee: Any fraud, forgery, misappropriation of funds, receiving
payment for services not performed or for hours not worked, mishandling or
untruthful reporting of money transactions, destruction of assets, embezzlement,
accepting materials of value from vendors, or consultants, and/or collecting
reimbursement of expenses made .for the benefit of the CITY. The CONS iJLI'ANT
agrees that it will not, directly or indirectly; encourage a CI'T'Y employee to engage
in such misconduct.
D. The CONSULTANT shall submit all final. construction documents in both hard
copy and electronic format. Plans shall be AutoCAD compatible and all other
documents shall be Microsoft Office compatible. The software version used shall
be compatible to current CITY standards. Other support documents, for example,
structural calculations, drainage reports and geotechnical reports, shall be
submitted in hard copy only. All Record Drawings electronic files shall be
submitted to the CITY in TIF format.
The CONSUI:TANT recognizes that all drawings, special provisions, field survey
notes, reports, estimates and any and all other documents or work product generated
by the CONSI.JL.T'AN'T' under the CONTRACT RACT shall be delivered to the CITY upon
request, shall become subject. to the Open Records Laws of this State.
F. The CONSULTANT shall procure and maintain for the duration of this Agreement,
insurance against claims for injuries to persons, damages to property, or any errors
1 of 7 t72. Revised 04/2.019
DocuSign Envelope ID: A602D6FE-7005-40F6-987F-763DD612O75A
and omissions relating to the performance of any work by the CONSULTANT, its
agents, employees or subcontractors under this Agreement, as follows:
(l)
Workers' Compensation as required by law.
(2) Professional Liability Insurance in an amount not less than 31,000,000 in
the aggregate.
(3)
Comprehensive General Liability and Property Damage Insurance with
minimum limits of $1,000,000 for injury or death of any one person,
$1,000,000 for each occurrence, and $1,000,000 for each occurrence of
damage to or destruction of property,
(4) Comprehensive Automobile and Truck Liability insurance covering owned,
hired, and non -owned vehicles, witll minimum limits of $1,000,000 for
injury or death of any one person, 51,000,000 for each occurrence, and
$1,000,000 for property damage.
The CONSULTANT shall include the CITY as an additional insured under the
policies, with the exception of the Professional Liability Insurance and Workers'
Compensation. The CONSULTANT shall agree to waive its Right to Subrogation.
Certificates of Insurance and endorsements shall be furnished to the CITY before
work commences. Each insurance policy shall he endorsed to state that coverage
shall not be suspended, voided, canceled, and/or reduced in coverage or in limits
("Change in Coverage") except with prior written consent of the CITY and only
after the CITY has been provided with written notice of such Change in. Coverage,
such notice to be sent to the CITY either by hand delivery to the City Manager or
by certified mail, return receipt requested, and received by the City no fewer than
thirty (30) days prior to the effective date of such Change in Coverage. Prior to
commencing services under this CONTRACT, CONSULTANT shall furnish CITY
with Certificates of Insurance, or formal endorsements as required by this
CONTRACT, issued by CONSULTANT'S insurer(s), as evidence that policies
providing the required coverage, conditions, and limits required by this
CONTRACT are in full force and effect,
G. The CONSULTANT L'.I'ANT shall indemnify and hold the CI'T'Y, its officers, agents, and
employees, harmless from. any claim, loss, damage, suit, and liability of every kind
for which CONSULTANT is legally liable, including all expenses of litigation,
court costs, and attorney's fees, for injury to or death of any person, for damage to
any property, or errors in design, any of which are caused by the negligent act or
omission of the CONSULTANT, his officers, employees, agents, or subcontractors
under this CONTRACT.
H. All parties intend that the CONSt)LTANT, in performing services pursuant to this
CONTRACT, shall act as an independent contractor and shall have control of its
own work and the manner in which it is performed. The CONSULTANT is not to
be considered an agent or employee of the CITY.
Design
2 of 7 1)2 Revised 04/2019
DocuSign Envelope ID: A602D6FE-7005-40F6-987F-763DD612O75A
SECTION II - PERIOD OF SERVICE
This CONTRACT will be binding upon execution and end January 13, 2024,
SECTION 111 - CONSULTANT'S COMPENSATION
A. The total compensation for the services performed shall not exceed the total noted
in Section B.
The CITY shall pay the CONSULTANT in installments based upon monthly
progress reports and detailed invoices submitted by the CONSULTANT based
upon the following:
Water WA2103
1. Basic Services (Lump Sum)
$347,792.00
2. Additional Services shall require independent and specific authorization
and shall he billed as (Not to Exceed): $0.00
3. Bid Phase Services (Hourly Not to Exceed)
4. Construction Phase Services (Hourly Not to Exceed)
Reimbursable Expenses (Not to Exceed)
6. Total:
Sewer WW2104
7. Basic Services (Lump Sum)
$0.00
$4[]0
5,2,000.00
$349,792.00
$114,826.00
8. Additional Services shall require independent and specific authori.ation
and shall be billed as (Not. to Exceed): $76350.00
9. Bid Phase Services (Hourly Not to Exceed)
10. Construction Phase Services (Hourly Not to Exceed)
11. Reimbursable Expenses (Not to Exceed)
12. Total:
$0.00
$0.00
S1,000.00
$192,176.00
C. The CITY shall make payments to the CONSULTANT within thirty (30) days after
receipt and approval of a detailed invoice. Invoices shall he submitted on a monthly
basis.
IJesign
3 of 7 O2 Rcvisui 04/2019
DocuSign Envelope ID: A602D6FE-7005-40F6-987F-763DD612O75A
I7, CONSULTANT shall invoice for work performed during the preceding thirty day
period ("Billing Period"). The Billing Period shall run from the 26th day to the 25th
day of each consecutive month. Invoices shall he submitted to CITY not more
frequently than once every 30 days. CONSULTANT shall be resi}nsible for
timely submittal of all invoices and CONSULTANT shalll not be entitled ed to
payment for invoices in arrears. All invoices shall reflect most recent single Billing
Period only and represent the true, correct and accurate account of work performed
during the Billing Period.
For an agreed contract amount identified as "I..ump Sum", Not to Exceed" and
"Reimbursable" the CONSULI'ANI' shall not exceed the fixed contractual amount
without written authorization in the form of a Contract Amendment.
CONSUI .T.ANT. shall provide 45 days prior notice to the CITY in the event contract
fees may exceed the fixed contract amount. CONSULTANT shall be responsible
for ensuring that such authorization is complete and executed by all parties
performing any work or submitting any invoices for work that exceeds the fixed
contract amount under any expense category.
F. Allowable Reimbursable Expenses
CONSUL'T'ANT shall identify and include in the proposal any anticipated
Reimbursable Expenses, and shall itemize Reimbursable Expenses by work
category, Reimbursable Expenses shall be invoiced AT COST witl:tout subsequent
markup by the CONSULTANT. All invoices containing a request for
Reimbursable Expenses shall include copies of the original expense receipts
itemized per the allowable category. Allowable Reimbursable Expenses include:
• I lard copy reproductions, copies and/ or binding costs
• Postage
• Mileage, for travel from Consultant's local office (within a 25 mile radius)
to meetings at the City or job -site. Mileage shall be charged at the current.
IRS rates.
• Travel expenses, mileage from local office to State or federal regulatory
agency office beyond 100 miles.
• Lodging expenses, for destinations beyond 100 miles from the Consultant's
local office AND when business hours exceed eight hours within one
business day OR requires more than one eight hour day,
F.2. Disallowed Expenses
Disallowed Expenses include travel expenses for professional expertise traveling
into the greater Houston area from Consultant. offices outside of the greater Houston
area.
4 or D2 Revised 04/2.019
DocuSign Envelope ID: A602D6FE-7005-40F6-987F-763DD612O75A
SECTION TV -THE CITY'S RESPONSIBILITIES
A. The CITY shall designate a project manager during the term of this CON'l'RAC'1'.
The project manager has the authority to administer this CONTRACT and shall
monitor compliance with all terms and conditions stated herein. All requests for
information from or a decision by the CITY on any aspect of the work shall be
directed to the project manager.
I3. The CITY shall review submittals by the CONSULTANT and provide prompt
response to questions and rendering of decisions pertaining thereto, to ininimi e
delay in the progress of the CONSULTAN'T'S work. The CITY will keep the
CONSULTANT advised concerning the progress of the CITY'S review of the
work. The CONSULTANT ANT agrees that the CITY'S inspection, review, acceptance
or approval of CONSULTANT'S work shall not relieve CONSULTANT'S
responsibility for errors or omissions of the CONSULTANT or its sub-
consultant(s) or in any way affect the CONSULTANT'S status as an independent
contractor of the CITY.
SEC'I'ION V - TERMINATION
A. The CITY, at its sole discretion, may terminate this CONTRACT for any reason - -
with or without cause -- by delivering written notice to CONSULTANT personally
or by certified mail at 192(1 Country Place Parkway, Suite 400, Pearland, TX 77554.
Immediately after receiving such written notice, the CONSULTANT shall
discontinue providing the services under this CONTRACT.
B. If this CONTRACT is terminated, CONSULTANT shall deliver to the CITY all
drawings, special provisions, field survey notes, reports, estimates and any and all
other documents or work product generated by the CONSULTANT .TANT under the
CONTRACT, entirely or partially completed, together with all unused materials
supplied by the CITY on or before the 15`'' day following termination of the
C'ONT'RACT,
C. In the event of such termination, the CONSULTANT shall be paid for services
performed prior to receipt of the written notice of termination. The CITY shall
make final payment within sixty (60) days after the CONSULTANT has delivered
to the CITY a detailed invoice for services rendered and the documents or work
product generated by the CONSULTANT under the CONTRACT.
If the remuneration scheduled under this contract is based upon a fixed fee or
definitely ascertainable sum, the portion of such sum payable shall be proportionate
to the percentage of services completed by the CONSULTANT based upon the
scope of work.
In the event this CONTRACT is terminated, the CITY shall have the option of
completing the work, or entering into a CONTRACT with another party for the
completion of the work.
Design
of 7 D2 Revised 04/2019
DocuSign Envelope ID: A602D6FE-7005-40F6-987F-763DD612O75A
F. If the CITY terminates this CONTRACT for cause and/or if the CONSULTANT
breaches any provision of this CONTRACT, then the CITY shall have all rights
and remedies in law and/or equity against CONSULTANT. Venue for any action
or dispute arising out of or relating to this CONTRACT shall be in Brazoria County,
Texas. The laws of the State of Texas shall govern the terms of this CONTRACT.
The prevailing party in the action shall be entitled to recover its actual damages
with interest, attorney's fees, costs and expenses incurred in connection with the
dispute and/or action. CONSULTANT and CITY desire an expeditious means to
resolve any disputes that may arise between under this CONTRACT. To
accomplish this, the parties agree to mediation as follows: If a dispute arises out of
or relates to this CONTRACT, or the breach thereof, and if the dispute cannot be
settled through negotiation, then the parties agree first to try in good faith, and
before pursuing any legal remedies, to settle the dispute by mediation of a third
party who will be selected by agreement of the parties.
SECTION VI - ENTIRE AGREEMENT
This CONTRACT represents the entire agreement between the CITY and the CONSULTANT and
supersedes all prior negotiations, representations, or contracts, either written or oral. This
CONTRACT may be amended only by written instrument signed by both parties.
SECTION VII — COVENANT AGAINST CONTINGENT FEES
The CONSULTANT affirms that he has not employed or retained any company or person, other
than a bona fide employee working for the CONSULTANT to solicit or secure this CONTRACT,
and that he has not paid or agreed to pay any company or person, other than a bona fide employee,
any fee, commission, percentage brokerage fee, gift, or any other consideration, contingent upon
or resulting from the award or making of the CONTRACT. For breach or violation of this clause,
the CITY may terminate this CONTRACT without liability, and in its discretion, may deduct from
the CONTRACT price or consideration, or otherwise recover, the full amount of such fee,
commission, percentage brokerage fee, gift, or contingent fee that has been paid.
SECTION VIII- SUCCESSORS AND ASSIGNS
This CONTRACT shall not be assignable except upon the written consent of the parties hereto.
,-DocuSigned by:
1/24/2023 I 6:54 AM PST
r030D12DC746423.
CITY OF PEARLAND, TEXAS
Nkitsti. Arm by Pr*d Palms
❑H-c.kIs,
Brad Iati0ck. o
1i9990M1' 19M O04641n4 611 dU 4JrIw1I
G9Iec 21173 A1, f 1 12aa:93•46CV
DATE
01/11./.02.3
CONSULTANT DATE
Design
6 of 7 D2 Revised 01/201.9
DocuSign Envelope ID: A602D6FE-7005-40F6-987F-763DD612O75A
House Bill 89 Verification
1, Brad Matlock (Person name), the undersigned
representative (hereafter referred to as "Representative") of
Cobb, Fendley & Associates, Inc. (company or
business name, hereafter referred to as "Business Entity"), being an adult over the age
of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby
depose and affirm the following:
1. That Representative is authorized to execute this verification on behalf of Business
Entity;
2. That Business Entity does not boycott Israel and will not boycott Israel during the
term of any contract that will be entered into between Business Entity and the City of
Pearland; and
3. That Representative understands that the term "boycott Israel" is defined by Texas
Government Code Section 2270.001 to mean refusing to deal with, terminating business
activities with, or otherwise taking any action that is intended to penalize, inflict economic
harm on, or limit commercial relations specifically with Israel, or with a person or entity
doing business in Israel or in an Israeli -controlled territory, r ut does not include an action
made for ordinary business purposes.
SI RF OF REPRESENTATIVE
SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this
11th day of January 20 23
JEANNIE LYP#N KUB RICI-{T
Notary IO A11310171114
My Commission @Kpires
February 23, 2025
Notary Public
Design
7 4)17 D2 Reviscd 04/ 0 9
DocuSign Envelope ID: A602D6FE-7005-40F6-987F-763DD612D75A
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of.1
Complete Nos 1... 4 and 6 if there are interested parties.
Complete Nos. 1, 2, 3, b. and 6 if there are no interested parties.
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number:
2023-970893
Date Filed:
0111.112023
Date Acknowledged:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Cohh, Fendley & Associates, Inc.
Houston, TX United Slates
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed,
City of Pearlariri, Texas
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
WA7.1.03 & WW2104
Engineering Services for FM 5.1.8 Utility Relocation (HWY 288 to Old Chocolate Bayou Ed)
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
Silver, Monica
Houston, TX United States
X
Worth, Dan
Austin, TX United States
X
Ram, Vineeta
Houston, l•X United States
X
Scurry, f-=loyd
Houston, TX United States
X
Eastland, Charles
Houston, TX United States
X
5 Check only if there is NO Interested Party.
6 UNSWORN DECLARATION
My name is Arni Goudie , and my date of
birth is.
May 07, 1974
77040
My address is 13430 Northwest Freeway, Suite 1100 Houston TX
, USA
(s'•.reclt) (c ty) (state)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in Harris County, State of Texas , on the
(zip cods) (country)
of _January , 20 23.____.
(month) (year)
_ _ ....11day
Signature of authorized agent of contracting business entity
(Dec?want)
Forms provided by Texas Ethics Commission
vsww. eth i cs.state. tx. us
Version V3.5.1..3ac88bc0
DocuSign Envelope ID: A602D6FE-7005-40F6-987F-763DD612O75A
ACORD,„
COBBFEND
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM:TLD}YYYY)
1/18/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL. INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
USI Southwest
9811 Katy Freeway, Suite 500
Houston, TX 77024
713 490-4600
CON FACT
NAME: Stephanie Anguiano
PHONE FAX
(AIC, No, Bxl): 713 490-4600 (AIC, No):
NAIC #
E-MAIL ste tlanie.an uiano@usi.com
ADDs1Ess p g
INSURERS} AFFORDING COVERAGE
INSURER A • Phoenix Insurance Company
25623
25674
INSURED
Cobb, Fendley & Associates, Inc.
13430 Northwest Frwy, Suite 1100
Houston, TX 77040
INSURER B : Travelers Property Cas. Co. of America
INSURER C: Farmington Casualty Company41483
g
INSURER 0: Berkley Insurance Company
32603
Travelers Indemnity Company INSURER E P Y
25658
A18036
INSURER F : Global Aerospace, Inc.
COVERAGES
CERTIFICATE NUMBER:
REVISION NUMBER:
Ti II S IS TO CERTIFY THAT THE POI 1CIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TILL POI ICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT UH OTHER DOCUMEN1 WITH RESPECT- TO WHICH THIS
CERTIFICATE MAY RE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY 1HE POLICIES DESCRIBED HEREIN IS SUBJECT 1O AI.II TI IE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE RE -EN REDUCED BY PAID CI AIMS.
INSR
LTR
TYPE OP INSURANCE
ADDL SUER
INSR WVD
A X
COMMERCIAL GENERAL. LIABILITY
AIMS MAUI... OCCUR
GE,' L AGGREGATE LIMIT APPLIES PER:
PRO
POLICY I X I JE T I LOC
O]HER:
AUTOMOBILE LIABILITY
X ANYAUIC7
OWNL;'} SCI if DUI EEL
AU 1O5 ONI Y AUTOS
LIME IL NON•OWNI:E.1
X AU 105ONIY AUTOS ONLY
B X UMBRELLA LIAR
EXCESS LIAR
OCCUR
CLAIMS MAUI:.
_ DE n X[ I1E II NI ION $10000
C WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y } N
ANY PROPRIETCR.PARTNEDIEXECIITI'•JE
OFEICC1.'MEMBER
(Mandatory in NH)
1f yen, [SELL: rive undo:
DESCRIPTION Oi• OPERATIONS' halcw
D Professional Liab
F Unmanned Air
N
POLICY EFF POLICY EXP
POLICY NUMBER (MMUD/YYYY) (MM,DD..'YYYY)
LIMIT
Y6306T020324PHX22 07/10/2022 07/10/2023 EACH OCCURRENCE S1,000,000
DAMAGI.: }UHE•NLF E' -1 000 060
if_MISI S II ElCCCJ�rOn_31...... $-.--,x_-_
r•Ai I3 E XI' {Any one person] $ 5 000
PERSONAL & A0V I.NainY $1,000,000
GENERAL AGGREGATE $ 2,000,000
PRODUCTS COMP/CIF: AGO s2,000,000
$
8105T9261002243G 07/10/2022 07/10/2023
COW1NI D SINGLE I.IlA I.
(Ea
BODILY IN,ll!RY (Pr;• persun] $
0,000,000
BODILY INJLIF?Y O'er accident) S
I'11O1'i:l{lY EAMAGI
IPer antidentl
S
N?A
CUP4801891422NF
US6T0405192243O
AEC905644007
9002123
07/10/2022 07/10/2023, F:AC'3 OC[ LSItI;k NCE. S12,000,0aa
AGGREGATE s12,000,000
07/10/2022 07/10/2023 X
-'I:R
SLAIUL
I . I ACI I ACU:I: ;:NT
OTH-
LH
$1,0oa,o00
El. DISEASE - EA EMPLOYEE $1-,ao0,o0 a
E.L. DISEASE I'DI ICY I lUlr $1,000,000
07/10/2022 07/10/2023 $5,000,000 per claim
$5,000,000 annl aggr.
02/23/2022 02/23/2023 $5,000,000 PER CLM/AGG
DESCRIPTION OF OPERATIONS i LOCATIONS !VEHICLES (ACORD 101, Addilianal Remarks Schedule, maybe attached Ef more space is required)
The General Liability and Automobile Liability policies include an automatic Additional Insured endorsement
that provides Additional Insured status to the Certificate holder, only when there is a written contract or
written agreement between the named insured and the certificate holder that requires such status, and only
with regard to work performed on behalf of the named insured (GL: CGD3790219 ongoing and completed
operations, CG 02460419; AL: CA T3530817).
(See Attached Descriptions)
CERTIFICATE HOLDER
CANCELLATION
City of Pearland
2016 Old Alvin Road
Pearland, TX 77581
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORE2E0 REPRESENTATIVE
ACORD 25 (2016/03) 1 of 2
4538783515/M36677029
01988.2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
NYCZP
DocuSign Envelope ID: A602D6FE-7005-40F6-987F-763DD612O75A
DESCRIPTIONS (Continued from Page 1)
The General, Automobile, and Umbrella Liability policies contain a special endorsement with "Primary and
Noncontributory" wording (GL: CGT1000219; AL: CAT4740817; UL: EU0001 7/16).
The General Liability, Automobile, Workers Compensation, and Professional Liability policies provide a
Blanket Waiver of Subrogation when required by written contract (GL: CGD3790219; AL: CA73530817; WC:
WC000313; BDP0417001).
The General Liability, Automobile, Workers Compensation, Umbrella Liability, and Professional Liability
policies include an endorsement providing that 30 days notice of cancellation for reasons other than
non-payment of premium and 10 days notice of cancellation for nonpayment of premium will be given to the
Certificate Holder by the Insurance Carrier.
The Umbrella Liability policy contains Excess Follows Form (EU0001 7/16). The Umbrella policy sits over the
General, Auto, and Employers Liability coverages.
RE: Professional Engineering, Survey and Right -of -Way Acquisition Services; Farm to Market Road 518: From
State Highway 288 (5H288) to Old Chocolate Bayou Road; TxDOT CSJ: 3416-01-012; Project WA2103 and WW2104 .
SAGITTA 25.3 (2016/03) 2 of 2
#S38783515/M36677029
DocuSign Envelope ID: A602D6FE-7005-40F6-987F-763DD612D75A
:E1CobbFendley
December 20, 2022
Mr_ Jameson Appel
Assistant Director of Capital Projects
Engineering & Public Works
City of Pearland
2016 Old Alvin Road
Pearland, Texas 77581
Re; Proposal for Professional Engineering Services
Farm to Market Road 518 iFM518): From State Highway 288 (S1-1288) to Old
Chocolate Bayou Road
TxDOT GSJ: 3416-01-012
Relocation Design and Easement Survey Services for Water and Sanitary Sewer Utilities
Proposal for Professional Engineering Services
CobbFendley Project No. 2212 -
Dear Mr, Appel;
Cobb, Fendley & Associates, Inc. ("CobbFendley") is pleased to submit this proposal for
professional engineering services to assist the City of Pearland ('Client") with relocation design
for water and sanitary sewer utility conflicts as well as easement survey services with TxDOT's
future road construction of Farm to Market Road 518 (FM 518). CobbFendley proposes to provide
the Scope of Services as outlined in the attached Exhibit A. Fee breakdown for Water and
Sanitary Sewer Design respectively are as follows:
FFE SUMMARY
WATER
SANITARY SEWER
TOTAL
RELOCATION DESIGN
347,792.00
$ 114.826.00
$ 462,618.00
EASEMENT SURVEY SERVICES AND
RIGHT-OF-WAYACQUISISTION
$
-
$ 76,350.00
$ 76,350.00
REIMBURSABLES
$
2,000.00
$ 1,000.00
$ 3,000.00
Thank you for the opportunity to submit this proposal. Please advise if you have any questions
or require additional information.
Sincerely,
°LEY & ASSOCIATES, INC.
Brad Matloe, P.E.
Vice President
Attachments
DocuSign Envelope ID: A602D6FE-7005-40F6-987F-763DD612O75A
LXllltJII A
Page 2 of 8
EXHIBIT A
SCOPE OF SERVICES & COMPENSATION
Cobb, Fendley & Associates, Inc.
Proposal for Professional Engineering Services
FM 518: Utility Relocation Design (SH 288 to Old Chocolate Bayou Road)
SCOPE OF SERVICES
The specific tasks to be performed by CobbFendley in conjunction with this project are limited to
the following:
1. Relocation Design:
A. CobbFendley will prepare plans, specifications and an estimate (PS&E) for Client's water
and sanitary facilities that are in conflict with TxDOT's proposed roadway construction.
The limits of the relocation are from State Highway 288 (SH288) to Old Chocolate Bayou
Road and are illustrated on the attached Exhibit B. Client's relocations will be included in
TxDOT's PS&E for their contractor to construct with Client's inspection oversight.
Based on the Preliminary Conflict Assessment, it is estimated for the relocation design
plan set to include 15,500 LF of water line including thirteen (13) 150-250 LF crossings
under FM 518 with the necessary gate valves, service lines, fire hydrants and steel
casings. This design also includes approximately 1,688 LF of sanitary sewer gravity line,
582 LF of sanitary sewer force main with necessary manholes, air release valves, steel
casings, dewatering and bypass pumping.
If during design of the TxDOT drainage and paving improvements additional City of
Pearland facilities need to be relocated, such as a Lift Station or additional water or
sanitary sewer lines, additional services will be requested based on the additional design
tasks.
Cobb, Fendley & Associates, Inc. (CobbFendley) will provide the following engineering
services as part of the relocation design:
■ Follow TCEQ, City of Pearland and TxDOT requirements for the project.
■ Coordinate with TxDOT and Utility Coordinator to gather utility record research
on existing underground utilities, overhead utilities and pipeline crossings within
project limits.
• Coordinate with TxDOT to gather CAD files and geotechnical documents
• Perform field work associated with relocation design.
• Prepare quantity take -off, engineering construction cost estimates, and summary
sheets
• Develop Specifications, including matching with TxDOT specification numbers
• Q/A and Q/C checks
■ Revisions based on TxDOT and or City comments
CobbFendley will utilize all survey data, geotechnical reports, subsurface utility
engineering (SUE) investigations and CAD drawings provided by TxDOT to prepare the
following construction plan documents.
CobbFendley's deliverables for the relocation plan set will consist of the following items:
• General Notes (Water and Sanitary) — 2 Sheets,
• Summary of Quantities — 1 Sheet,
DocuSign Envelope ID: A602D6FE-7005-40F6-987F-763DD612D75A
EXHIBIT A
Page 3 of 8
■ Right of Way (R.O.W.) Plan and Profiles — 39 Sheets,
■ Utility Crossing Plan and Profiles — 13 Sheets,
■ Water Details — 3 Sheets,
■ Sanitary Sewer ❑etails — 3 Sheets,
• Engineers Construction Cost Estimate.
■ Specifications (Using TxDOTs Spec Numbers)
Note: Plan and Profiles Sheets are based on 1:50 Scale
B. CobbFendley will conduct or attend the following meetings and correspondence:
• Kick-off meeting with Client
■ Attend TxDOTs 30%, 60%, 90% and 100% design milestone meetings
■ Conduct 30%, 60%, 90% and 100% relocation design review meetings with Client.
■ Attend initial meeting with the City staff to kick-off the project
■ Attend meeting with City at 30% to discuss plans and potential conflicts
• Coordinate with City on utility alignments
• Coordinate with TxDOT on Paving and Drainage design conflicts
■ Attend meeting with City at 60% to discuss plans and potential conflicts
■ Coordinate 60% plans with TxDOT current plans
• Coordination with TxDOT ❑n preparation of Utility Agreement Package
• Coordinate with City on 100% plans
■ Coordinate 100% plans with TxDOT for submittal into TxDOT Roadway Plans
2. Easement Procurement Services:
A. Project Management
1) Communication
• Prepare initial property owner contact list.
• Attend status meetings as requested with Client and Project Team. The
attendance of the status meetings will be on an as needed basis, as requested
by Client.
2) File Management
■ All project and parcel documents will be kept at CobbFendley offices and ❑n the
CobbFendley computer server, with permanent records in digital/electronic
format transferred to the Client, ❑nce project is complete.
■ Maintain records of all payments t❑ property owners including amount and date
paid. Electronic copies will be provided to the Client.
• Maintain copies of all correspondence and contacts with property owners.
Electronic copies will be provided to the Client at the end of the project or upon
request.
DocuSign Envelope ID: A602D6FE-7005-40F6-987F-763DD612O75A
HAI h uh I A
Page 4 of 8
B. Survey
1) All survey work will be in accordance with TSPS Category 1B Standard Boundary
Survey.
• CobbFendley will deliver a hard copy and an electronic file containing the results
of the boundary surveys described above drawn to a scale as directed by the
engineer. In addition, an ASCII file of all points collected will be provided.
• CobbFendley will locate the existing ROW for FM 518 within the project limits
Street and prepare a layout map for the project. ROW Mapping includes the
performance of on the ground surveys and preparation of parcel maps, legal
descriptions (metes and bounds descriptions), and right-of-way maps. The
purpose of right-of-way mapping is to prepare documents suitable for the
acquisition of real property interests and the probable issuance of a title policy.
• CobbFendley will prepare a Parcel Description for each parcel or tract consisting
of two parts: (1) a metes and bounds description of the property and (2) a parcel
plat. Each part of a Parcel Description must be signed and sealed by a RPLS.
Following will be provided to the City for land acquisition services.
• Metes and bounds description will be prepared for each parcel of land to be
acquired. (Proposal is based on the need for 3 Parcel Descriptions).
• A parcel plat will be prepared for each parcel of land to be acquired. Parcel plats
will include each and every item of information shown on the survey which
concerns the individual parcel.
• Additional Survey descriptions/plats on the same parent tracts will be
completed at a rate of $3,000 per additional description/plat.
C. Right of Entry
• Research property ownership
• Maintain copies of correspondence and contacts with property owners.
• Contact property owner by phone and/or letter requesting signature on the Right
of Entry Agreement (ROE).
• Seek to obtain signed ROE from property owner for the purposes outlined by
Client.
• Transmit copies of the signed ROEs to Client.
D. Real Estate Appraisal Services (to be provided by CBRE)
• Appraiser will prepare and conduct personal pre -appraisal contact with interest
owners or their designated representative for each parcel and offer opportunity to
accompany the Appraiser on the inspection of the subject property.
• As necessary, prepare written notification to the Client of any environmental
concerns associated with the right of way to be acquired that could require
environmental re -mediation.
• Appraisal Report
o Appraiser will prepare an appraisal report for each parcel to be acquired in
compliance with the Uniform Standards of Professional Appraisal Practice as
promulgated by the Appraisal Foundation and in compliance with Client
policies and procedures.
• Updated Appraisal Report (if necessary)
Appraiser will prepare an updated appraisal report for each parcel to be
acquired in compliance with the Uniform Standards of Professional Appraisal
DocuSign Envelope ID: A602D6FE-7005-40F6-987F-763DD612O75A
EXHIBIT A
Page 5 of 8
Practice as promulgated by the Appraisal Foundation and in compliance with
Client policies and procedures.
■ Appraisal Hearing Preparation and Testimony (hourly, estimated []a
$5,000/parcel)
a Beyond delivery of the appraisal assignments, the Appraiser may be called t❑
provide preparation and testimony fora Special Commissioners Hearing
(Hearing),
E. Negotiation Services
• CobbFendley will analyze preliminary Title Commitment report from Client's
preferred title company t❑ determine potential title problems and prepare a title
curative plan outlining methods to cure title deficiencies.
• Secure Title Commitment updates in accordance with insurance rules and
requirements for parcel payment submissions.
• CobbFendley will analyze appraisal report(s) and confirm the Client approved
value prior to making offer for each parcel.
• CobbFendley will prepare and send the letter transmitting the Landowner's Bill of
Rights by Certified Mail -Return Receipt Requested (CMRRR) to owner of each
parcel.
• CobbFendley will prepare all documents required on forms approved by the
Client and in compliance with State and Federal laws. (i.e., the initial offer letter,
purchase agreement, instruments of conveyance)
• CobbFendley will send the written offers and appraisal report(s) to each property
owner or the property owner's designated representative through CMRRR.
■ Maintain follow-up contacts and secure the necessary instruments upon
acceptance of the offer for the closing.
• CobbFendley will respond to property owner inquiries verbally and in writing
within two (2) business days.
• CobbFendley will prepare and maintain a contact log for each parcel.
• CobbFendley will advise property owner of counteroffer process, assist them with
the preparation of the counteroffer package, and will transmit written counteroffer
to Client.
■ The curative services necessary to provide a clear title to the Client are the
responsibility of CobbFendley and thus are part CobbFendley's fee for
Negotiation Services. Fees charged by financial institutions to process lien
releases or title insurance fees will be passed through without mark-up and are
not included in the CobbFendley services fee.
• CobbFendley performs closing services in conjunction with the Title Company
and will attend closings. In the event of a closing by mail, title work will be
reviewed prior to the closing by mail and again prior to recording of the
instrument.
■ CobbFendley will cause the recordation of all original instruments immediately
after closing at the County Clerk's Office, except for donations, which must be
forwarded to the Client for acceptance prior to recording. These recording costs
are reimbursed as pass -through costs.
• CobbFendley will secure title insurance for all parcels acquired, insuring
acceptable title to the Client. Written approval by the Client is required for any
exception. Title insurance costs will be reimbursed as pass -through costs.
DocuSign Envelope ID: A602D6FE-7005-40F6-987F-763DD612O75A
1 XI1It3I I /A
Page 6 of 8
F. Condemnation Support Services (Pre -Hearing Support)
• Upon receipt of a copy of the final offer, request an updated title commitment for
Eminent Domain from the Title Company or as deemed necessary by the City.
• Prepare a packet containing copies each of the following documents:
Commitment, Negotiator's Reports, Appraisal Acknowledgment, Pre -appraisal
Contact Sheet, signed and sealed property description, and plat, Final Offer
Letter, any correspondence from the land owner or representatives, one
original copy of the appraisal report, and any real property records which are
relevant to any unusual joiner or service issue. Submit packet to the City staff
for submission to the Legal Department.
• Maintain a copy of the condemned parcel. In an event of a judgment/award,
consultant shall coordinate with City staff to obtain copies of all executed post
hearing documents for the condemned parcel. (award, JAO, deposit letter)
• If a settlement is agreed upon by both parties prier to condemnation, Provider
shall coordinate with City staff to complete all necessary procedures to close
the file.
• Provide all closed parcel files including condemned parcels to City.
• Attendance at depositions, pre-trial, or other court hearings.
• Any other services deemed necessary by the City's legal department to
successfully litigate and defend the City's position in court including but not
limited to production request.
• Any person employed by the Provider for work on this project in any capacity
shall be available to testify in any eminent domain proceedings upon request
by the City.
G. To be provided by Client
• Copies of all appraisal reports produced or acquired by the Client relating
specifically to each parcel prepared in the last 10 years.
■ Schematics and plans of project
■ Timely reviews and approval of all submissions.
■ All necessary standard forms and brochures.
• Process and issue all payments of approved purchase prices for each parcel,
relocation payments, and incidental expenses involved in the transfer of
property to the Client.
■ Fees charged by financial institutions to process lien releases or title escrow
fees.
• Final approval for all appraisals, relocation supplements, and relocation move
payments, including paying movers for a cost estimate for moving personal
property.
• Payment of costs of incidental expenses required to transfer real property to
the Client.
• Responsible for the disposal of property and the accommodation, coordination,
verification and adjustment of utilities.
DocuSign Envelope ID: A602D6FE-7005-40F6-987F-763DD612D75A
EXHIBIT A
Page 7 of 8
EXCLUSIONS FROM THE SCOPE OF SERVICES
Other items that may arise during the course of the project that the City may wish to add to the
scope of services shall be deemed as ADDITIONAL SERVICES. CobbFendley shall undertake
such additional services as assigned by the City upon written direction from the City. Examples
of such items are as follows:
• Geotechnical investigation beyond what is provided by TxDOT
• Subsurface Utility Engineering (SUE) beyond what is provided by TxDOT
• Surveying (Topographic) and Staking t❑ be provide by TxDOT
■ Assessment of Private Utilities
■ City Fiber; (TxDOT has included this in their design scope if needed due to drainage
conflicts)
• Revisions to Utility Plans in addition to those associated with the standard design
milestones.
■ Assistance in the preparation of a TxDOT Advanced Funding Agreement (AFA); (to be
prepared by TxDOT)
• Preparation of a Utility Agreement or Joint Use Acknowledgement; (to be prepared by
TxDOT)
■ Bid Phase Services
■ Construction Phase Services (includes Construction Administration, Construction
Management and Construction inspection)
• ROW Maps
• Appraisal Updates, Appraiser Hearing
• Prep/ Testimony
• Title abstract/Policy/Escrow fees
• Any service not specifically listed in the Scope of Services.
DocuSign Envelope ID: A602D6FE-7005-40F6-987F-763DD612O75A
Page 8 of 8
BASIS ❑F COMPENSATION
BASIC SERVICES
The Compensation to be paid to CobbFend[ey for providing the BASIC SERVICES rendered
under this agreement shall be based ❑n Lump sum fees for ❑verall phases of the work as shown
below. Reimbursable items and subconsultants will be subject t❑ a 10% administration charge.
1. Relocation Design (Lump Sum) $462,618
2. Easement Survey Services (Lump Sum) $76,350
Subtotal $538,968
Reimbursable Expenses
3. Reproduction, mileage, delivery charges, application fees, etc $3,000
TOTAL Including Reimbursables $541,968
The Compensation for any other Additional Services which the City desires to be added to the
work scope of the project shall be negotiated. Subconsultant invoices will be subject to a 10%
administration charge. Services will be charged according to those personnel directly involved in
providing the service and will be rounded to the nearest half hour.
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Cotistruction Cost Estimate for Utility Relocation
Client, City of Peadand
Project Name. FM 518 Utility Conflict Assessment
Cobbilenctley
Item No.
Item Description
Unit
I Quantity
Unit Price
Extended Price
BASE ITEMS
GENERAL ITEMS
1
Mobilization (No Greater Then 5% of Total)
LS
1
$ 316,000,00
$ 316,000.00
2
Traffic Control and Regulation, per latest edition of
TMUTCD, complete In place
LS
1
$ 10,000.00
$ 10,000.00
GENERAL ITEMS SUBTOTAL
$ 326,000,00
WATER MAIN ITEMS
Remove Water Line All Sizes
LF
14,940
$ 30-00
$ 440,200 00
4
6 -inch (I,D) water main, restrained joints, (Fusable PVC)
by trenchless construction, including bends and tilting
LF
340
$ 68.00
$ 23,120.00
5
8 -inch (LD)water main, restrained joints, (Fusebie PVC)
by trenchless construction, including bends end fitting
LF
880
$ 55.00
$ 74,000.00
6
10 -Inch (I.D.) water main, restrained joints, (Fusable
PVC) by trenchless construction, including bends and
fitting
LF
165
$ 90.00
$ 14,850.00
7
12 -Inch (I.D_) water main, restrained Joints, (Fusable
PVC), by trenchless construction, including bends and
fitting
LF
806
$ 100.00
$ 80,600,00
8
16 -Inch (I.D.) water main, restrained joints, (Fusable
PVC), by trenchless construction, including bends and
fitting
LF
13,063
$ 150.00
$ 1,858,450.00
e
20 -inch {I.D.) water main, restrained Joints (Fusable
PVC), by trenchless construction, including bends and
fittings
LF
235
$ 190,00
$ 44,660.00
10
16 -Inch steel casing, by bore and jack construction,
including end seals and spacers
LF
783
$ 450.00
$ 356,1380.40
11
24 -inch steel casing, including end seals and spacers
LF
731
$ 550.00
$ 402,050.00
12 '36
-Inch steel casing, including end seals and spacers
LF
280
$ 650.00
$ 182,000,00
13
40 -inch steel casing, Including end seals and spacers
LF
210
$ 750.00
$ 157,500.00
14
8 -inch Wet Connection
EA
2
$ 1,800.00
$ 3,600.00
15
10 -inch Wet Connection
EA
1
$ 1,900.00
$ 1,900.00
16
12 -inch Wet Connection
EA
4
$ 2,000,00
$ 8,000.00
17
16 -inch Wet Connection
EA
5
$ 2,200.00
1
$ 11,000.00
is
20 -Inch Wet Connection
EA
1
$ 2,500.00
$ 2,500.00
19
8 -inch x 16 -inch Tapping Sleeve & Valve with Box
EA
6
$ 9,000.'00
$ 54,000.00
20
10 -inch x 15-lnchTapping Sleeve & Valve Ali Box
EA
1
$ 10,000,00
$ 10,000.00
2t
12 -inch x 16 -inch Tapping Sleeve & Valve with Box
EA
6
$ 11,000.00
$ 66,000.00
22
16 -inch x 20 -inch Tapping Sleeve & Valve with Box
EA
1
$ 12,500.00
$ 12,500.00
23
Remove and Salvage Fire Hydrant, to City
EA
27
$ 800.00
$ 21,600.00
24
Install New Fire Hydrant Assembly
EA
27
$ 2,500.00
$ 67,500.00 f
2.5
8" Resilent Seated Gate Valve, with Box
EA
6
$ 700.00
$ 4,200.00
28
10" Resilent Seated Cate Valve, with Box
EA
1
$ 1,200.00
$ 1,200.00
25
12" Resilent Seated Gate Valve, with Box
EA
4
$ 1,800.00
$ 7,200.00
25
16" Resilent Seated Gate Valve, with Box
EA
30
$ 2,500.00
$ 75,000.00
26
20" Resilent Seated Gate Valve, with Box
EA
1
$ 3,600.00
$ 3,800.00
26
Hydramulch seeding
ACRE
7.1
$ 3,000.00
$ 21,300.00
WATER MAIN ITEMS SUBTOTAL
$ 4,115,170,00
1 of 2
DocuSign Envelope ID: A602D6FE-7005-40F6-987F-763DD612O75A
Client: City of Pearland
Protect Name: FM 518 Utility Conflict Assessment
Item No. Item Description
Unit
Quantity
Unit Price
Extended Price
WASTEWATER ITEMS
27
Abandon and Groat Fill Existing Sanitary Sewer Force
Main
C;Y
30
$
55.00
$
1,650.00
28
25
Dewatering for Sanitary Sewer Pipe
[F
[_F
1,450
$
10.00
S
101,500.00
Remove and Dispose 8 -inch Existing Sewer Line
505
$
25.00
S
12,625.00
30
Remove and Dispose 12 -inch Existing Sewer Line
LF
I.F
1.F
LF
LF
1,125
197
390
310
238
$
35.00
S
39,375.00
:-
8 -inch HDPE Sanitary Sewer Force Main, by directional
drill
12 -inch HDPE Sanitary Sewer Force Main, by
directional drill
$
$
$
$
80.00
$
15,360,00
32
155.00
5
6[},450,00
33
8 -inch Sanitary Sewer Gravity Main, by open cut, all
depths
8 -inch Sanitary Sewer Gravity Main, by directional drill
125.00 •
$
38,750.00
34
250.00
5
59,500.00
12 -inch Sanitary Sewer Gravity Main, by open cut, all
depths
I F
1,140
$
185.00
5
210,900,00
30
Remove Existing Sanitary Manholes
4 -foot Diameter Precast Concrete Manholes, Sealed and
Vented
I _A
EA
7
10
$
$
1,nna.nn
5,500.00
$
$
7,000.00
55,000.00
.}7
38
Reconnect Existing Sanitary Sewer to New Manhole
FA
4
5
750.00
_
5
3,000.00
WASTEWATER ITEMS SUBTOTAL
$
605,110.00
SUBTOTAL
$
5,046,280.00
25%CONTINGENCY
TOTAL
[ $
1,261,570.00
GRAND
$
6,307,850.00
2of2