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R2006-137 08-28-06 RESOLUTION NO. R2006-137 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING CHANGE ORDER NO. 5 ASSOCIATED WITH THE KIRBY DRIVE EXTENSION PROJECT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That Change Order No. 5 associated with the Kirby Drive Extension 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 Change Order No. 5 associated with the Kirby Drive Extension Project. PASSED, APPROVED and ADOPTED this the 28th day of August, A.D., 2006. c_____:)01.0 )- I TOMID MAYOR ATTEST: Y NG R N , T C Y S ETARY APPROVED AS TO FORM: Qv 16 fail DARRIN M. COKER CITY ATTORNEY EXHIBIT ..fie ifk.ifiv,.. 3 ' 'l.. ° D. w` T t X. A S _ _ to 5 CS City of Pearland Projects Department CHANGE ORDER For Kirby Drive Extension PEARLAND, TEXAS Date of Issuance: December 19,2005 Change Order No: 5 Contractor: Hassell Construction CoP Project No: PM6804 Engineer: Dannenbaum Engineering Explanation: This change order encompasses the following: The project bidding instructions specified that clearing of certain areas of the project site would be paid for as a unit price, while a different area was considered to be incidental. Hassell did not bid the project in accordance with these instructions, assuming that the entire clearing area would be paid under the unit price. In the interest of fairness,the City has agreed to reimburse Hassell their cost for clearing the additional 10 acres at $4500 per acre. Please attach back-up documentation Contract Amount: Original Contract Price: $ 7,568,945.50 Previous Change Order(s): $ 30,725.64 Contract price prior to this change order: $ 7,599,671.14 Net increase(decrease)from this change order: $ 45,000.00 Contract price with all change orders to date (including this change order): $ 7,644,671.14 Contract Time: Authorized contract time change: N/A RECOMMENDED: ACCEPTED: APPROVED: By: By: By Engineer Contractor Owner Date: Date: Date 12211 DUNCAN ROAD HOUSTON, TEXAS 77066 PH. 281-893-2570 HASSELL FAX 281-580-9170 est.1976 October 5, 2005 City of Pearland 3519 Liberty Drive Pearland, Texas 77581 Atten: Jennifer Phan, Project Manager Re: Kirby Drive Extension Project PM6804 HCCI Job 0525 Dear Ms. Phan, This letter is to follow-up the change order request submitted on September 1, 2005 concerning the clearing bid item for Kirby Dr Extension. "Due to confusion surrounding the bid item for clearing, an insufficient bid quantity was considered and submitted. An item in the bid instructions stated that clearing from Fruge Rd. to Beltway 8 was incidental to the project; however, a bid item remained for clearing which stated in the measurement and payment portion of the specifications to be paid for by the acre. It is not customary to have one bid item with two methods of payment. This issue was worsened by the inability to burn the trees taken from the project site. Contrary to the design engineer's assertion, the area in question is not open grassland, but includes significant numbers of large trees. Neither the bid instructions nor the plans state that vegetation would have to be removed from the site. As a result, we have been forced to hire a subcontractor to dispose of the trees in this area. We request reimbursement for the additional costs incurred, which are $45,000 ($4,500 per acre for 10 acres). This is only the costs we have incurred in the disposal of the trees in the area in question, not having any added overhead or profit. We are simply requesting reimbursement to recoup the additional clearing costs." We respectfully request a change order be issued to cover the $45,000 for this item. We appreciate your consideration of this request and look forward to settlement of this issue. Should you require further information, please advise. Sincerely, HASSELL CONSTRUCTION CO., INC. 6,331. Terry Sowells Project Manager c:\hassell construction\Pearland\Kirby\cop20