Consideration and Approval of Contract:  Stormwater Open Channel Maintenance On-Call Contract with Arizona Conservation Experience and Conservation Legacy.

1. Approval of the Stormwater Open Channel Maintenance On-Call Contract with Arizona Conservation Experience and Conservation Legacy, in a total amount for both contracts not to exceed $100,000 per fiscal year; and
2. Authorize the City Manager to execute the necessary documents.

The Stormwater Section took on the responsibility of stormwater maintenance from the Streets Section in 2020. Since this time Water Services has been inventorying and prioritizing maintenance of the stormwater system including 112 miles of storm channel and 24 miles of FEMA recognized open channel. This open channel must be maintained to meet City Code (12-01-001-0006.7, 0013, 0007) and as a component of the FEMA Community Rating System (CRS; Activity 540). Maintenance is currently largely contracted due to the lack of City maintenance staff and the seasonal nature of the work.

The on-call contract will be for discrete tasks including 1) vegetation removal, 2) trash and debris removal, 3) invasive weed removal, and 4) general channel clearing. The contract was put out to PlanetBids for a formal solicitation. Two vendors, Arizona Conservation Experience (ACE) and Conservation Legacy provided bids and cost sheets. A team evaluated the bids based on the evaluation schedule and found both vendors appropriate for the on-call contract. Stormwater has used both vendors in the past and found their work satisfactory and with a similar price/cost.

The advantage of awarding both companies with a contract is that if one organization does not have staff availability the other organization can fill in. The expectation from Stormwater is that a work schedule will be determined annually well in advance of the required work. This on-call contract will likely only serve the Section during routine maintenance activities since emergency work requires crews in a short timetable.

Maintenance is required not only by City Code and FEMA regulations but also due to imminent threats like the Museum Fire post-fire flows and potential large monsoon storms that could affect the downtown and Southside. The highest priority cleanings would occur in these two drainages (Rio de Flag and Spruce Wash, specifically). Water Services currently only has one Multi-Skilled Worker (MSW), which is not sufficient for cleaning the underground assets as well as the open channel surface assets. 

Staff recommends the approval of the on-call contracts for ACE and Conservation Legacy.

Open channel maintenance is budgeted each year in the Stormwater Section's operating budget. The account number is 206-08-331-0-1256 with the budget amount to not exceed $100,000 per fiscal year. This on-call contract will save the Section time in project management and procurement by streamlining the process for routine maintenance items that will be contracted.

Priority Based Budget Key Community Priorities and Objectives
 
Regional Plan

There has not been previous City Council decision on this item.

1. The primary option is to provide the contract to ACE and Conservation Legacy; 
2. A second option is to hire a seasonal team of open channel maintenance workers to do the same amount of work; or
3. A third option is to allow maintenance to be deferred.

The Stormwater Section took on the responsibility of stormwater maintenance from the Streets Section in 2020. Since this time Water Services has been inventorying and prioritizing maintenance of the stormwater system including 112 miles of storm channel and 24 miles of FEMA recognized open channel. This open channel must be maintained to meet City code (12-01-001-0006.7, 0013, 0007) and as a component of the FEMA Community Rating System (CRS; Activity 540). Maintenance is currently largely contracted due to the lack of City maintenance staff and the seasonal nature of the work.

The City of Flagstaff Procurement Team was brought in to conduct a formal solicitation through a Request for Proposals. On 4/27/2021, the City posted a Request for Proposals (RFP) from stormwater channel maintenance and mitigation professionals on the City's PlanetBids electronic bidding platform, and advertised it in the Arizona Daily Sun on Published May 2 and May 9, 2021. On May 24th, 2021, 12:00 PM Arizona Time, the City received two Proposals. A five-person evaluation committee was formed consisting of five City staff. Upon completion of the evaluation process, both Contractors were deemed qualified to perform the work and staff is requesting approval of award to American Conservation Experience and Conservation Legacy.    
 
Contractor                                                       Score
American Conservation Experience (ACE)       435
Conservation Legacy                                         456

Applicable Flagstaff City Code governing open channel maintenance, includes, but is not limited to:

1. SECTION 12-01-001-0006.7 DEVELOPMENT STANDARDS FOR REGULATORY FLOODWAYS: The following are prohibited in, on, or over the regulatory floodway unless removed by a FEMA map revision: Encroachments, including fill, new construction, additions to existing structures which increase the building footprint, storage of materials or equipment, manufactured homes, recreational vehicles, or other development are prohibited.
2. SECTION 12-03-001-0013 WATERCOURSE PROTECTION: Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. All maintenance activities must be in compliance with Federal, State and Municipal regulations.
3. SECTION 12-02-001-0007 REQUIREMENTS FOR ON-SITE STORMWATER SYSTEMS, ENFORCEMENT METHODS AND INSPECTIONS: All property owners and developers of real property to be developed within the City of Flagstaff shall provide, manage, maintain, and operate on-site stormwater systems and facilities sufficient to collect, convey, detain, control, and discharge stormwater in a safe manner consistent with all City development regulations and the laws of the State of Arizona and the United States of America. Any failure to meet this obligation shall constitute a nuisance and be subject to an abatement action filed by the City in a court of competent jurisdiction. In the event a public nuisance is found by the court to exist, which the owner fails to properly abate within such reasonable time as allowed by the court, the City may enter upon the property and cause such work as is reasonably necessary to be performed, with the actual cost thereof charged to the owner in the same manner as a stormwater service charge as provided for in this Article.

 
A community that inspects and clears out debris from the streams, canals, ditches, detention basins, and other portions of its drainage system could receive FEMA Community Rating System (CRS) credit under Activity 540 (Drainage System Maintenance). For credit, the community must:

• Annually or regularly inspect some or all of its drainage system,
• Conduct inspections after major storms and in response to citizens’ complaints,
• Remove debris and other obstructions to flow or storage when they are found, and
• Have written procedures for maintenance. The procedures must include six items:

1. Who is responsible for the various aspects of the maintenance program,
2. An inventory of the system, including ownership,
3. A map of the drainage system and the parts subject to the program,
4. The procedures for inspection (e.g., when and how inspections are conducted),
5. The procedures for debris removal, (e.g., how soon the problem is fixed after an inspection and what can and cannot be removed), and
6. The records kept to document the inspections and the removal projects.

The City of Flagstaff currently receives credit under Activity 540. It is the intention of the City to continue to receive credit for this work as it maintains our CRS Class 5 ranking. This ranking provides the community with a 25% reduction in NFIP flood insurance premiums.

General Scope of Work  

Vegetation removal
Vegetation removal should be targeted at any woody vegetation within the channel bottom, from mid-bank to mid-bank including the channel bottom but not vegetation on the mid or upper bank slopes that might maintain the integrity of the bank. Trees or shrubs that grow on the banks should be left to help stabilize banks but may be trimmed to allow for flood water passage. In general the “channel bottom” is between 4 to 15 feet wide. Vegetation clearing beyond 15 feet width should only be done in consultation with the Stormwater Section. The majority of trees in the channel bottom are willows, aspen, ponderosa pine, or elm. Trees or shrubs that grow on the bank but that have considerable lateral growth into the channel bottom should be pruned to prevent any obstructions in the dominant water flow path. Additionally, any dead trees within the easement, regardless if they are on the channel bottom, should be cut.

Stumps should be no higher than one (1) foot off of the ground. All cut material needs to be removed from the site; the Cinder Lake Landfill will accept “green” waste free of charge. Mixed waste should be charged to the City of Flagstaff Stormwater tipping fee at the landfill. Alternatively any green waste can be composted at a site of the contractor’s choosing, however there is no guarantee that the Stormwater Section will pay for any additional charges or tipping fees of a third party disposal.
Some sections of channel may require access along the FUTS pedestrian/bike trail. This access should be coordinated with City staff. Any vehicles on the FUTS must be parked in a way that at least half of the trail is accessible for hikers and bikers to pass the equipment. Any driving on the FUTS must include a safety spotter and when equipment is parked there must be adequate signage and safety cones in both directions to indicate to trail users that there is equipment ahead. Any cutting of trees over 10 feet tall must be completed by a trained sawyer.
 
Trash and debris removal
Trash and debris removal include the top of bank to top of bank within a stream segment, the entirety of the channel should be cleared of trash and debris that may clog drainage infrastructure. Trash disposal is often coordinated with Public Works – Solid Waste and/or Parks.
 
Invasive weed removal
Invasive weed removal includes the top of bank to top of bank within a stream segment. The species of concern include scotch thistle, musk thistle, knapweed (various species), Siberian elm, Russian Olive, and teasel. An example of invasive weed distribution can be found here: https://arcg.is/a1LCW. Removal should include removing grassy and herbaceous species totally, including rootball, and cutting trees or brush species to less than one foot above the ground surface. Disposal of herbaceous weeds must be done by bagging and transport to the landfill or burned at the County Public Works yard. Disposal is the responsibility of the contractor/consultant though small piles may be disposed of using Solid Waste. Woody weeds (trees and shrubs) can be disposed of by any of the methods outlined under the vegetation removal section.
 
General channel clearing, dredging, erosion control
There will be occasions when general channel clearing will be required, this will include activities not described above such as cutting of tall grasses and the removal of illegally dumped construction fill. For both examples the work will include hand tools and/or small light-duty motorized machinery (e.g. brush cutters or small scale skid steerers). Work is conducted by contractor, Public Works, Water Services – Operations, or by the County depending on the project.

City staff do not currently have the capability to maintain over 26 miles of channels on an annual basis and still provide the same level of service in other areas of maintenance (underground assets, water distribution, wastewater collection). The short, and perhaps long-term solution, is to bring in manual labor through contracting. These vendors have been consistently the lowest cost option in Flagstaff and have a proven record of providing basic maintenance services.

None at this time.

Having a maintained network of open channels will reduce flood risk and promote native plants.

The community regularly helps keep open channels clean through volunteer events. These events alone are not enough to maintain the open channel system but do provide some "ownership" of these relatively natural areas and provides an avenue for community engagement and outdoor environmental education.