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CONSIDERATION OF THE RATIFICATION OF CONTRACT K-1516-93 BY AND BETWEEN THE NORMAN UTILITIES AUTHORITY AND KRAPFF-REYNOLDS CONSTRUCTION COMPANY IN THE AMOUNT OF $344,355; CHANGE ORDER NO. ONE DECREASING THE CONTRACT AMOUNT BY $42,493.80 FOR A REVISED CONTRACT AMOUNT OF $301,861.20, PERFORMANCE BOND B-1516-44; STATUTORY BOND B-1516-45; AND MAINTENANCE BOND MB-1516-29 FOR THE REPAIR TO THE EXISTING AERIAL SEWER CROSSING OVER BISHOP CREEK DAMAGED DURING THE ICE STORM DURING NOVEMBER 28-30, 2015, AND FINAL ACCEPTANCE OF THE PROJECT.
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BACKGROUND: The existing aerial sewer crossing over Bishop Creek just east of the intersection of Constitution and Ryan Avenue was constructed in the 1950’s. The crossing was modified during construction of the Constitution Bridge and associated underground tunnels for the University of Oklahoma Golf Course. The crossing consisted of 21-inch sewer piping inside a 24-inch steel casing constructed on three concrete piers with footings.
The aerial sewer crossing and two adjacent manholes over the western leg of Bishop Creek failed when the eastern bank of the creek bed adjacent to the bridge was undermined causing several large trees to fall into the creek. It is believed that the crossing failed sometime over the weekend of Saturday, November 28 through Monday, November 30, 2015. An OU golf course employee notified the City of the problem at about 3:00 p.m. on November 30, 2015.
Norman Utilities Authority (NUA) staff contacted Urban Contractors and they delivered portable pumping equipment which was installed and operating by 6:00 p.m. that night to eliminate the bypass. The Oklahoma Department of Environmental Quality (ODEQ) was notified of the sewer bypass on December 1, 2015 in accordance with their rules. Section 2-111 of the City Code empowers the Mayor to issue a proclamation of emergency when a natural disaster or man-made calamity results in the destruction of property to the extent that extraordinary measures are required to protect the public health, safety and welfare. A proclamation was issued on December 1, 2015 declaring a disaster emergency for the time period of November 26, 2015 through November 30, 2015.
Since the failure, the Department of Public Works has:
• Established access to the creek from the west bank;
• Cleared the creek of trees and debris, damaged sewer pipe and manholes;
• Delivered, placed and compacted fill materials to re-establish the eastern bank;
• Placed riprap on the eastern side slope of the creek for erosion control; and
• Repaired damaged storm water piping conveying street drainage to the creek.
CP&Y, with assistance from Lemke Surveying, completed expedited design and prepared bidding documents for distribution to potential bidders. An ODEQ construction permit is not required for maintenance of existing infrastructure. Section 8-204 of the City Code exempts certain contracts for services from competitive bidding when approved as necessary for the immediate preservation of the peace, health, or safety. Although the design and bidding documents were prepared, the City did not have sufficient time to follow all of the competitive bidding timelines due to the nature of the emergency; rather, Staff sought quotes for the work from established vendors and selected the Contractor submitting the lowest quote (Krapff-Reynolds) for the repairs on December 16, 2015.
On December 22, 2015, the NUA approved Resolution R-1516-74 transferring $900,000 into construction account 321-9338-432.61-01 for the Bishop Creek Sewer Crossing Emergency Replacement (WW0209).
DISCUSSION: Krapff-Reynolds began work on January 4, 2016 and was substantially complete on January 26, 2016 when bypass pumping ceased and the replacement sewer crossing was placed into operation. A final inspection was conducted on February 11, 2016. NUA staff, the design engineer and the contractor were present and it was determined that the project was complete and had been constructed in general conformance with the approved plans and specifications. NUA staff recommends acceptance of the project.
On March 15, 2016 NUA staff, the design engineer and the contractor reviewed and approved the “as built” quantities for the project. These quantities are presented in Final Reconciliation Change Order No. 1 attached. The change order will reduce the contract amount by $42,493.80 or about 12% of the original contract amount for a final contract amount of $301,861.20.
RECOMMENDATION 1: Recommend the NUA ratify the approval of Contract K-1516-93 in the amount of $344,355 with Krapff-Reynolds Construction Company, and Performance Bond B-1516-44, Statutory Bond B-1516-45, and Maintenance Bond MB-1516-29, each in the same amount.
RECOMMENDATION 2: Recommend the NUA approve Final Change Order No. 1 to Contract K-1516-93 with Krapff-Reynolds Construction Company reducing the contract amount by $42,493.80 to $301,861.20, accept the project and authorize final payment in the amount of $1,000 to the contractor.