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9.C.
City Council Meeting - FINAL
Meeting Date:
07/03/2023
From:
Eli Reisner, Project Manager - ER

Information

TITLE:

Consideration and Approval of Contract:  Construction Manager at Risk Construction Services Agreement with Eagle Mountain Construction, Inc. for the Grandview Utilities and Wedge Clearing portion of the Spruce Wash Flood Mitigation Suite of Projects.

STAFF RECOMMENDED ACTION:

  1. Approve the Construction Manager at Risk Construction Services Agreement with Eagle Mountain Construction for a Guaranteed Maximum Price (GMP1) in the amount of $2,906,383.00 and a contract duration of 845-calendar days;
  2. Approve an Owners Contingency of $50,000.00, which is 2% of the Guaranteed Maximum Price; and
  3. Authorize the City Manager to execute the necessary documents.

Executive Summary:

Staff recommends approval of the Construction Manager at Risk (CMAR) Construction Services Agreement (Agreement) for a Guaranteed Maximum Price (GMP1) in the amount of $2,906,383.00 and an Owners Contingency of $50,000.00 for a Total Contract Price of $2,956,383.00 to Eagle Mountain Construction, Inc. (EMC). This will authorize the construction of the utilities portion of the Grandview Project and the clearing portion of the Wedge Project and initiate the construction of the Spruce Wash Flood Mitigation Suite of Projects. This is the first GMP for the Spruce Wash Flood Mitigation Suite of Projects and the remaining Projects will be presented for Council’s consideration in early 2024 with a second GMP added as an amendment to this original Agreement. Please refer to the attached context and vicinity maps.
 
The underground utilities portion of the Grandview Project generally consist of replacing and lowering the existing underground water and sewer infrastructure prior to the construction of the inverted crown and vertical curbs on Grandview Drive from Cedar Avenue to Linda Vista and the associated side-streets to increase stormwater capacity of the roadway. These lowered and replaced underground utilities will include water and sewer mains, water and sewer services, and fire hydrants. The associated roadway improvements will be constructed at a later date. Underground conduit for fiberoptic, communications, and electric will not be included in this project as the location is not within the City of Flagstaff’s Broadband Infrastructure Master Plan, Franchise Utility Companies do not have plans or funds to relocate infrastructure underground into the roadway, and additional funding is not available to upgrade the existing streetlight infrastructure. The improvements with the clearing of the Wedge Project generally consist of removing trees in the footprint of the detention basin for the Wedge Project and preparing the area to be used as a temporary construction yard for the Spruce Wash Flood Mitigation Suite of Projects.
 
Pending Council approval, construction of Grandview Utilities and Wedge Clearing is anticipated to begin following the 2023 monsoon season. The 845-calendar day duration is anticipated to cover the construction duration of the entire Suite of Projects spanning over three construction seasons and targeting completion in the fall of 2025. The Phase II Feasibility Study and final stormwater modeling was completed in early June of 2023. Design is still underway on the remaining Suite of Projects and is anticipated to be completed in December of 2023. Scheduling and construction sequencing of the Suite of Projects will be determined as design progresses.

Financial Impact:

The Grandview Utilities portion of the Grandview project is funded by the FY24 budget appropriations of $5,853,826 from the Grandview budget line item under the Proposition 441 Funds in account number 410-08-385-3527-3. The Wedge Clearing portion of the Wedge project is funded by the FY24 budget appropriations of $5,985,470 from The Wedge budget line item under the Proposition 441 Funds in account number 410-08-385-3570-3.

Policy Impact:

No impact.

Connection to PBB Priorities/Objectives, Carbon Neutrality Plan & Regional Plan:

Priority Based Budget Key Community Priorities and Objectives
Safe & Healthy Community: Ensure the built environment is safe through the use of consistent standards, rules & regulations, & land use practices
 
Sustainable, Innovative Infrastructure: Deliver outstanding services to residents through a healthy, well maintained infrastructure system. Utilize existing long-range plan(s) that identify the community’s future infrastructure needs & all associated costs

Carbon Neutrality Plan
IR-2: Ensure equity, accessibility, and inclusion across all City of Flagstaff Parks and Recreation facilities, helping all members of the Flagstaff community to meet their health and wellness needs.
WS-1: Improve water infrastructure and expand water reuse.

Regional Plan
Goal WR.5: Manage watersheds and stormwater to address flooding concerns, water quality, environmental protections, and rainwater harvesting.

Has There Been Previous Council Decision on This:

Council previously approved the ballot language for the November 2022 voter approved Proposition 441 Wildfire, Flood, and Wastewater Infrastructure Bond, which dedicated $26 million towards flood mitigation projects.

Options and Alternatives:

  1. Approve the award for the Agreement as recommended. Approval will allow work to move forward; or,
  2. Reject approval of the award as recommended. This action would delay the Project
    1. If rejection occurs, possible options include:
      1. Ask staff to re-evaluate the recommendation; or
      2. Suspend or cancel the project completely.

 

Background and History:

On July 21, 2019, the Museum Fire broke out in the Dry Lake Hills area just above Flagstaff within the Coconino National Forest. The fire ultimately charred 1,961 acres, including a significant portion of the Spruce Wash Watershed. Flood modeling subsequently showed potential flood risk to neighborhoods in Coconino County and the City of Flagstaff. Throughout the summer of 2021, unprecedented rain events impacted the Museum burn scar and caused multiple rounds of flash flooding in Flagstaff neighborhoods.
 
In the November 2022 election, voters approved Proposition 441 with support from 76% of Flagstaff voters. The Proposition invests $57 million in City of Flagstaff wildfire suppression, stormwater flood mitigation and wastewater treatment infrastructure. Specifically, $26 million of this funding will be used to fund stormwater infrastructure improvements in the Spruce Wash area to lessen the impacts of flooding in affected neighborhoods. 
 
The development of the Spruce Wash Technical Feasibility Study Phase I and Phase II conducted by Peak Engineering identified seven Projects to be constructed with the $26 million in funding from Prop 441 to mitigate post-wildfire flooding in the Spruce Wash. The Suite of Projects will be constructed in addition to the Park Way Basins and the Killip Basins Inlet, which are funded through other sources.
 
On December 15, 2022, Purchasing staff solicited a Request for Statement of Qualifications for CMAR design and construction phase services. On January 13, 2023 Purchasing received Statements of Qualifications (SOQs) from the following five construction firms: Banicki Construction, Eagle Mountain Construction, Fann Contracting, Kinney Construction, and Tiffany Construction Company. A nine-member selection committee of City staff, three outside engineering consultants, and an outside contractor executive evaluated the SOQs. After the selection committee review process and negotiations, in early April 2023, the City’s qualifications based selection process identified Eagle Mountain Construction as the most qualified contractor to perform the Construction Manager at Risk (CMAR) design and construction phase services for the Proposition 441 Spruce Wash Flood Mitigation Suite of Projects.

Key Considerations:

The Spruce Wash Flood Mitigation Suite of Projects consist of the following seven Projects:
  1. Grandview Drive Reconstruction – a reconstructed inverted crown street with vertical curb instead of rolled curb to increase stormwater capacity of the roadway on Grandview from Linda Vista to Cedar including the side-streets and replacing and lowering the existing water and sewer mains and services to ensure proper cover with the lowered roadway as well as to replace the aging utilities.
  2. The Wedge Detention Basin – a detention basin to receive diverted flows from Spruce Wash.  
  3. Linda Vista Drive Crossing – a new box culvert to increase the inlet and downstream channel capacity and reduce the potential for overtopping of Linda Vista Drive.
  4. Cedar Avenue to Linda Vista Drive Channel: a re-graded and hardened channel to improve capacity for stormwater runoff conveyance. 
  5. Cedar Avenue Crossing: a new box culvert to increase the inlet capacity.
  6. Arroyo Seco Drive to Dortha Avenue Channel: a re-graded and hardened channel to improve capacity for stormwater runoff conveyance.
  7. Arroyo Seco Drive Inlet: a reconstructed inlet structure for the purpose of increasing the inlet capacity to capture more stormwater into the existing 60-inch storm drain. 
For the Spruce Wash Flood Mitigation Suite of Projects this is the First GMP and original CMAR Agreement, which will include the construction of the underground utilities portion of the Grandview Project and the clearing portion of the Wedge Project. The remaining roadway portion of the Grandview Project and the remaining storm drain and detention basin portion of the Wedge Project as well as the other remaining Projects will be presented for Council’s consideration in early 2024 with a second GMP added as an amendment to this original Agreement.
 
The Phase II Feasibility Study and final stormwater modeling was completed in early June of 2023. Design is still underway on the remaining Suite of Projects and is anticipated to be complete in December of 2023. Scheduling and sequencing of the construction of the Suite of Projects will be determined as design progresses.
 
The improvements with the underground utilities portion of the Grandview Project generally consist of replacing and lowering the existing underground water and sewer infrastructure prior to the construction of the inverted crown and vertical curbs on Grandview Drive from Cedar Avenue to Linda Vista and the associated side-streets to increase stormwater capacity of the roadway. These lowered and replaced underground utilities will include water and sewer mains, water and sewer services, and fire hydrants. The associated roadway improvements will be constructed at a later date. Underground conduit for fiberoptic, communications, and electric will not be included in this project as the location is not within the City of Flagstaff’s Broadband Infrastructure Master Plan, Franchise Utility Companies do not have plans or funds to relocate infrastructure underground into the roadway, and additional funding is not available to upgrade the existing streetlight infrastructure. The improvements with the clearing of the Wedge Project generally consist of removing trees in the footprint of the detention basin for the Wedge Project and preparing the area to be used as a temporary construction yard for the Spruce Wash Flood Mitigation Suite of Projects.
 
The Construction Manager at Risk (CMAR) method of procurement was selected to expedite the design and construction schedule and to accommodate the complex sequencing of construction activities for this large-scale complex Project with limits in an established neighborhood, near multiple schools, on high traffic volume streets with Mountain Line bus routes, and in a wash that experiences post-wildfire flooding. The CMAR process is a collaborative effort, which allows for flexibility with delivering the design and construction of the Project, as well as an open dialog between the City, the Design Consultant, and the Contractor on critical design and construction issues to minimize impacts to the community during construction.

Community Benefits and Considerations:

The Spruce Wash Flood Mitigation Suite of Projects is funded by the November 2022 voter approved Proposition 441 Wildfire, Flood, and Wastewater Infrastructure Bond, which dedicated $26 million towards flood mitigation projects. The Grandview Utilities portion of the Grandview project is funded by the FY24 budget appropriations of $5,853,826 from the Grandview budget line item under the Proposition 441 Funds in account number 410-08-385-3527-3. The Wedge Clearing portion of the Wedge project is funded by the FY24 budget appropriations of $5,985,470 from The Wedge budget line item under the Proposition 441 Funds in account number 410-08-385-3570-3.      
 
The Guaranteed Maximum Price (GMP) for the Grandview Utilities and Wedge Clearing is $2,906,383.00 plus an approximately 2% Owners Contingency of $50,000.00 which combined equals the Total Contract Price of $2,956,383.00. The City of Flagstaff is the Owner.

Community Involvement:

  • Mitigating post-wildfire flooding in the Spruce Wash and surrounding neighborhoods, businesses, and schools.
  • Replacing and or abandoning aged and undersized existing water and sewer infrastructure, ranging from 45-63 years old, to meet current standards.
  • Reducing required utilities maintenance with the construction of the new infrastructure.
  • Coordinating construction of multiple projects and utilizing project areas for temporary construction yards in the immediate vicinity to minimize inconveniences to the public and reduce costs.

 

Expanded Options and Alternatives:

Inform, Involve, Empower:
  • Starting from roughly August of 2021 there have been over 16 Museum Flood and Post Wildfire Flooding Council Updates which will continue through and after the design and construction of the Spruce Wash Flood Mitigation Suite of Projects.
  • In January 2022, Beta PR on behalf of the City of Flagstaff created the Museum Fire Flood Projects Website museumfloodprojects.com which included the Phase I – Spruce Wash Technical Feasibility Study subpage. Since its creation 3,500 individuals have visited site with over 4,300 total visits. The site also includes a subpage where people can sign up to receive E-Newsletters sent out via email on a regular basis to provide updates and information on all things the community should know related to the Museum Fire Flood Mitigation Projects.
  • In February 2022, Beta PR on behalf of the City of Flagstaff began sending out the ENewsletters and will continue to do so through and after the completion of the Spruce Wash Flood Mitigation Suite of Projects. There are currently 526 ENewsletter subscribers.
  • To answer stakeholder’s questions, Beta PR created and maintains a Museum Fire Flood Projects email address (info@museumfloodprojects.com). To date, over 35 stakeholders have utilized the email to get their questions and concerns answered.
  • In February 2022, Beta PR on behalf of the City of Flagstaff sent out an introduction mailer for Museum Fire Flood Mitigation Projects and Information that was mailed to 950 properties in Spruce Wash area that included a Spanish translated side.
  • In November 2022, voters approved Proposition 441 with support from 76% of Flagstaff voters.
  • In December 2022, the Proposition 441 subpage of the Museum Fire Flood Projects Website created which includes more information regarding the Spruce Wash Flood Mitigation Suite of Projects.
  • On February 2, 2023, the City hosted a Spruce Wash Community Meeting to provide information on the history of the Museum Fire, update on the progress of Spruce Wash Watershed restoration, November Prop 441 passage, and Prop 441 preliminary projects.
  • On May 15, 2023, the City hosted the second Spruce Wash Community Meeting to provide information on the 2023 monsoon forecast, Spruce Wash Flood Mitigation Suite of Projects update, Coconino County Flood Control District Update, and preparing for the 2023 monsoon season.
  • In the fall of 2023 additional Community Meetings will be held to inform the community on the updated modeling and flood risk assessment maps to show the positive impacts of the Suite of Projects.
  • Eagle Mountain Construction, Beta PR, and City staff will be intimately involved with the coordination of construction activities and keeping the stakeholders informed on schedule, sequence, and impacts through construction.
  • Other Project Stakeholders including FUSD and Mountain Line will be notified of the upcoming Project and will be coordinated with on the traffic control and phasing plans during construction.
  • All the Emergency and relevant Public Service organizations will be notified of the Project prior to construction.

Attachments