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CONSIDERATION OF THE RATIFICATION OF THE DECLARATION OF EMERGENCY REPAIRS IN THE AMOUNT OF $119,476.26 TO STABILIZE THE BANKS OF IMHOFF CREEK DAMAGED BY HIGH STORMWATER FLOWS AT THE 42-INCH WESTSIDE INTERCEPTOR SEWER CROSSING AND AUTHORIZING THE CITY MANAGER TO TRANSFER FUNDS IN THE AMOUNT OF $22,504 FROM THE FYE17 SEWER MAINTENANCE PLAN CONSTRUCTION ACCOUNT.
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BACKGROUND: The existing 42-inch Westside Sanitary Sewer Interceptor crossing of Imhoff Creek was completed in December 2007. The top of the sewer crossing was constructed slightly above the flow line of Imhoff Creek and was encased in concrete to prevent damage from debris floating down the creek during high flow events. The sewer crossing causes water to pond at a depth of about two feet upstream of the crossing.
In early August 2016, Norman Utilities Authority (NUA) staff discovered that stream flows had caused severe damage to the bank on east side of Imhoff Creek adjacent to and downstream of the concrete-encased sewer crossing. The washout had exposed three 14-foot joints of 42-inch Polyvinyl Chloride (PVC) sewer pipe which needed immediate repair to prevent further erosion and possible catastrophic failure of the sewer line. The 42-inch Westside Interceptor sewer delivers approximately 3 million gallons per day (mgd) of untreated wastewater to the Water Reclamation Facility (WRF).
Staff contacted and met with Urban Contractors, LLC (Urban) at the site regarding the repairs. On August 8, 2016, Urban submitted an estimate of $113,955 to complete the work. Since this amount was in excess of the $50,000 amount allowed without NUA approval, staff directed Urban to only proceed with efforts to minimize further erosion and prevent failure of the sewer. This work was complete on August 29, 2016 at a cost of $12,530.
In order for competitive bidding requirements to be waived under the Oklahoma Public Trust Act (60 O.S. s. 176), the Trustees of the NUA need to make a “finding” that an immediate emergency exists and the immediate outlay of trust funds in excess of $50,000 is necessary to avoid loss of life, substantial damage to property, or damage to the public peace or safety. The NUA can then enter into contracts without competitive bids. Section 8-204 of the City Code exempts certain contracts for services from competitive bidding when approved by the Council as necessary for the immediate preservation of the peace, public health or safety.
Due to the estimated cost of the repair work, staff prepared written specifications and bidding documents for the complete repair, including placement of fill materials to re-establish the eastern bank to match the alignment and elevation of adjacent creek banks. Stream banks were to be protected from further erosion by placing riprap for the length of the currently disturbed area. The bidding documents were distributed to five contractors on August 26 and four bids were received on August 30, 2016. Jordan Contractors, Inc. (Jordan) was the low bidder with an estimated cost of $110,500. Bids ranged between $110,500 and $391,750 as shown on the attached bid tabulation. The bidding documents required the repair to be complete within 40 calendar days. Staff advised Jordan that their proposal was accepted, the bid was awarded on August 30 and work began August 31. Work was complete September 23, 2016 and Jordan submitted his final invoice in the amount of $93,006.60 on September 29, 2016.
Additionally, to expedite project completion, staff authorized the WRF contractor, Archer Western Construction (AW), to assist Jordan by loading and hauling construction and demolition (C&D) wastes stored at the Compost Facility to the Imhoff Creek site. AW agreed to supply a loader and 30-Ton haul truck with operators for one week at an estimated cost of $13,839.66. Work began September 7 and AW hauled approximately 1,000 cubic yards of fill materials from the Compost Facility to the site for placement by Jordan.
Lastly, since the repairs would occur within the floodway of Imhoff Creek and within the 100-year floodplain of the Canadian River, it is required that a floodplain permit be obtained from the City of Norman through the Department of Public Works. Due the nature of the emergency work, repairs were authorized prior to issuance of the permit. On October 3, 2016 the City of Norman issued Floodplain Permit #577 authorizing the work.
DISCUSSION: Purchase orders were created to pay three invoices associated with this repair totaling $26,469.66 and are listed below:
1. PO# 282160 in the amount of $12,530 to Urban Contractors, LLC for the initial work to prevent further erosion of the Imhoff Creek bank;
2. PO# 282347 in the amount of $13,839.66 to Archer Western Construction to load and haul C&D waste stockpiled at the Compost Facility to the project;
3. PO# 282348 in the amount of $100 to City of Norman for the floodplain permit associated with the project.
Jordan Contractors, Inc., submitted an invoice in the amount $93,006.60 for completing the work outlined in the emergency bid for the Bank Stabilization for 42-inch SS Crossing at Imhoff Creek and Purchase Order #270835 was issued in that amount. Funding is provided through Project WW0248, Sewer Emergency Replacement, Construction (321-9974-432.61-01) which is funded annually in the amount of $100,000; however, currently available funding is only $70,503. In order to process full payment to Jordan, it is necessary to transfer $22,504 from Project WW0307, FYE17 Sewer Maintenance Plan Construction (321-9338-432.61-01) which has a balance of $2,360,000, to Project WW0248, Sewer Emergency Replacement Construction (321-9974-432.61-01).
RECOMMENDATION 1: Recommend the NUA approve the transfer of $22,504 from Project WW0307, FYE17 Sewer Maintenance Plan Construction (321-9338-432.61-01) to Project WW0248, Sewer Emergency Replacement, Construction (321-9974-432.61-01).
RECOMMENDATION 2: Recommend the NUA ratify expenditure of funds totaling $119,476.26 for the Emergency Bank Stabilization project for a 42-inch Sanitary Sewer Crossing at Imhoff Creek and authorize final payment of $93,006.60 to Jordan Contractors, Inc.