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CHANGE ORDER NO. ONE TO CONTRACT K-1415-118: BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, AND CIMARRON CONSTRUCTION COMPANY INCREASING THE CONTRACT AMOUNT BY $116,004 FOR A REVISED CONTRACT AMOUNT OF $1,302,564 AND ADDING 48 CALENDAR DAYS TO THE CONTRACT FOR THE LINDSEY STREET COMMON UTILITY TRENCH PROJECT AND FINAL ACCEPTANCE OF THE PROJECT.
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BACKGROUND: On November 22, 2011, the Norman City Council approved Programming Resolution R-1112-63, requesting federal funds for the widening and reconstruction of Lindsey Street, between 24th Avenue SW and east of Berry Road. In order to receive the federal funding, the City of Norman is required to enter into an agreement with ODOT to complete the design, acquire all necessary rights-of-way and relocate utilities and remove encroachments at the City’s cost. The roadway portion of the project includes transportation and aesthetic improvements to Lindsey Street between Interstate 35 and Berry Road. The storm water portion of the project addresses the flooding problems along West Lindsey Street, most notably in the vicinity of the Lindsey Street and McGee Drive intersection.
On August 28, 2012, the citizens of Norman voted in favor of a General Obligation Bond issue to finance the local share of eight transportation/storm water improvement projects. One of the projects is Lindsey Street from 24th Avenue SW to Berry Road. On December 18, 2012, Council approved the design contract for this project with Leidos Engineering LLC, (formally SAIC, LLC).
The storm water portion of the project addresses the flooding problems along West Lindsey Street, most notably in the vicinity of the Lindsey Street and McGee Drive intersection. The design will include conveying storm water from a 3.4 square mile watershed to an underground storm water system which will discharge directly into the Canadian River. Phase 1 of the drainage box construction between State Highway 9 and the River is complete, and construction of Phase 2, between Briggs Street and State Highway 9, is nearly complete.
On January 13, 2015 Council approved Contract K-1415-86, a Right of Way, Utility and Encroachment agreement with the Oklahoma Department of Transportation. This agreement stipulates that the City will acquire all right-of-way required for the project, grant ODOT access to and the use of the right-of-way for this project, relocate all utilities and encroachments from the construction area and to indemnify and hold ODOT harmless.
One of the City’s key obligations for this project was to relocate all existing utilities in the corridor that may be in conflict with the street and storm water improvements. Public right-of-way is limited to 100 feet of width along Lindsey Street. In order to fit all existing and proposed utilities into that limited space, the project design team developed the concept of a “common utility trench”. Rather than placing the relocated utilities in separate trenches located horizontally along Lindsey Street, multiple utilities were relocated to one trench, and stacked vertically in separate conduits. On April 14, 2015 the Council approved Contract K-1415-118 with Cimarron Construction for the construction of the Common Utility Trench.
DISCUSSION: Construction projects are awarded to the lowest responsible bidder. Contractor bids are determined using estimated plan quantities multiplied by the contractor’s unit prices for all bid items of the contract. The total of all of these costs represents the contractor’s bid. During construction, each quantity was measured in the field and the contractor is to be reimbursed based on the actual quantity. This final Change Order No. 1 adjusts the contract based on the previously estimated quantity costs to the actual measured quantity costs. In all, 12 bid item quantities changed with 7 that increased for a total increase of $162,599, and 5 that decreased for a total decrease of $46,595. The net contract change is an increase of $116,004 or 9.7%. The original contract amount was $1,186,560 with a final contract value of $1,302,564.
Reconcile “as-bid” quantities to “as-built” quantities
Quantity adjustments resulting in a net cost increase of $116,004 are included. The most significant changes are as follows:
• Bid items 1 2 & 3: The actual installed quantity varied from the plan quantities, increasing the cost by $1,941.
• Bid items 8, 14, 16 & 17: Staff had the contractor tie into an existing fiber optic pull box that was outside of the proposed Lindsey Street construction area. This reduced the amount of fiber optic system that needed to be relocated by 533 feet saving $24,531.
• Bid items 23,24,25,27 & 34: The designer underestimated the amount of disturbed area required to construct the Common Utility Trench. The plans did not have enough paving and sod quantities to repair the areas disturbed in the construction zone. This increased the cost of the project by $138,594.
Funding for the increase of $116,004 for this final change order is available in the Lindsey Street - 24th Avenue SW to Berry Road Roadway Project Utility account (050-9552-431.67-01; project BP0189). This account currently has $1,456,621.82. An estimated $1,306,590 is obligated by Contract K-1415-113 to pay for OG&E for moving their overhead facilities underground leaving $150,031.82 in available funds for the final change order.
The original completion date was July 31, 2015 for substantial completion. The contractor was not able to complete the contract until September 17, 2015 for several reasons. First, due to the wet spring/summer, the contractor received a total of 21 weather days. Second, the contractor was also delayed by a work zone conflict causing a delay of 27 days. Cimarron Construction was not able to advance their construction work zone due to a conflict caused by the work zone for McKee Utility Contractors who was working on the 24 inch water line on the south side of Lindsey Street under contract K-1415-103. As allowed in the City of Norman Standard Specifications and Construction Drawings Section 1107.8 contract time may be extended for several reasons including unusual adverse weather conditions above normal for the contract period and any condition which the contractor does not have control. Staff is recommending adding an additional 48 days to the contract.
RECOMMENDATION NO. 1: Staff recommends approval of Final Change Order No. 1 with Cimarron Construction Company increasing the contract amount by $116,004 for a final contract value of $1,302,564.
RECOMMENDATION NO. 2: Staff further recommends acceptance of the Lindsey Street Common Utility Trench Project and authorize final payment in the amount of $116,004.