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LEGISLATIVE RESEARCH CENTER
File #: 21-335    Name:
Type: Consent Item Status: Agenda Ready
File created: 2/22/2021 In control: Broken Arrow City Council
On agenda: 3/2/2021 Final action:
Title: Ratification of approval of time extension request via force majeure for the Construction Contract 171703; Tiger Hill Soldier Pile Retaining Wall
Attachments: 1. COBA Letter for Force Majuere Feb. 2021, 2. Oklahoma Emergency Declaration - EO#2021-06 021221
Date Action ByActionResultAction DetailsMeeting DetailsVideo
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Broken Arrow City Council
Meeting of: 03-02-2021

Title:
title
Ratification of approval of time extension request via force majeure for the Construction Contract 171703; Tiger Hill Soldier Pile Retaining Wall
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Background:
Starting on February 8, 2021, the City of Broken Arrow began experiencing out of the normal weather conditions that affected production of construction projects currently under contract with the City. These weather conditions consisted of extreme cold temperatures, icy roadway and site conditions, accumulating and blowing snow build up.
On February 12, 2021, Governor J. Kevin Stitt executed Executive Order 2021-06 declaring a State of Emergency for the entire state of Oklahoma due to:
"Extreme freezing temperatures and severe winter weather including snow, freezing rain, and wind beginning February 7, 2021, and continuing, are expected to cause damage to public and private properties and utilities, including electric, gas and water systems, within the State of Oklahoma causing an undue hardship on the citizens of this State."
Due to the above noted justifications, the City of Broken Arrow has decided that the current weather event conditions constitute may a force majeure condition as reflected within Section 4 of the executed construction contract.
In consideration of the current weather forecast, the City of Broken Arrow will approve force majeure time requests between the dates of February 7, 2021 and February 21, 2021; constituting a 14 calendar day extension.
The above information was sent out to all contractors currently under contract with the City of Broken Arrow, including Stronghand, LLC. Within the terms of the contract, each contractor has to formally request the above allowable time extension via force majeure designation. Stronghand LLC. has completed this task; and subsequently the City staff has formally approved this request under the terms of the contract.

Cost: None
Funding Source: Sales Tax Capital Improvements (...

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