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11.A.

City Council Meeting - FINAL

Meeting Date:: 08/26/2025
From:: Trevor Henry, Capital Improvements Engineer

TITLE:

Consideration and Approval of Contract: Seventh Amendment to the Construction Manager at Risk (CMAR) Construction Services Agreement with Eagle Mountain Construction, Inc. for the Spruce Wash Flood Mitigation Suite of Projects to add Guaranteed Maximum Price (GMP) 7 for the Killip Outlet.

STAFF RECOMMENDED ACTION:

Approve the Seventh Amendment to the CMAR Construction Services Agreement with Eagle Mountain Construction, Inc. for the Spruce Wash Mitigation Suite of Projects to include GMP 7 in the amount of $985,666 and adding 0 days to the contract duration; and
Approve an Owner’s Contingency of $15,000, which is approximately 2.0% of GMP 7; and
Authorize the City Manager to execute the necessary documents.

Executive Summary:

Staff recommends approval of Amendment Seven to the CMAR Construction Services Agreement No. 2023-60 (Agreement), with Eagle Mountain Construction, Inc. (EMC), for the Spruce Wash Flood Mitigation Suite of Projects (the Suite). Amendment Seven would increase the contract amount by $985,666, including an owner’s contingency of $15,000. Approval of Amendment Seven will authorize construction of the Killip Outlet.

Please refer to the attached context and vicinity maps.

Construction of the Suite of Projects began in September of 2023. Target completion date is prior to monsoon season of 2026. Previous amendments and Council actions are presented in detail in the Background and History section of this staff summary.

Financial Impact:

Amendment Seven will be funded by the Spruce Wash Program, Fund 410 and a Federal Grant.

Project		FY26	Account
Killip Outlet		$740,061	410-08-385-3580-3

This project's budget overage will be covered within the Fund 410 suite of spruce wash projects. This project is also funded through a Federal Emergency Management (FEMA) Hazard Mitigation Grant Program through the Department of Emergency Management (DEMA). The construction of the Killip Outlet will be 90% Federal / 10% City, in the total amount of $1,850,000.00 and by Proposition 441, Fund 410.

Policy Impact:

No Impact

Previous Council Decision or Community Discussion:

Construction of the Suite of Projects began in September of 2023 with GMP 1 for the underground utilities portion of the Grandview Project and Wedge Clearing. Amendment One, GMP 2 began in March of 2024 and includes the utility relocations for the Linda Vista to Cedar Channel, Grandview Street Improvements, the Linda Vista Crossing and the Wedge Utilities. Amendment One extended construction to 1,025 days to cover construction of the entire Suite spanning over four construction seasons with a target completion prior to monsoon season of 2026. Amendment Two, GMP 3 authorized construction of the Linda Vista to Cedar Channel. Amendment Three authorized a change order to GMP 2 for the replacement of aging water and sewer infrastructure. Amendment Four, GMP 4, authorized construction of the Cedar Avenue box culvert crossing. Amendment Five, GMP 5, authorized construction of the Wedge Detention Basin. Amendment Six, GMP 6, authorized construction of the Dortha to Arroyo Seco Channel, Arroyo Seco Inlet, Killip Inlet and demolition and cleanup of City-acquired property.

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.
Council previously approved this Agreement with EMC for the Suite of Projects for GMP#1 on July 3, 2023.
Council previously approved Amendment One with EMC for the Suite of Projects for GMP#2 on March 5, 2024.
Council previously approved Amendment Two with EMC for the Suite of Projects for GMP#3 on July 3, 2024.
Council previously approved Amendment Three with EMC for Change Order No. 1 to GMP#2 on August 26, 2024.
Council previously approved Amendment Four with EMC for GMP#4 on October 1, 2024.
Council previously approved Amendment Five with EMC for GMP#5 on December 3, 2024.
Council previously approved Change Order #1 for the Wedge Phase 3 (GMP#5) on May 6, 2025.
Council previously approved Amendment Six with EMC for GMP#6 on May 20, 2025.

Options and Alternatives to Recommended Action:

Approve the Seventh Amendment as recommended. Approval will allow work to move forward; or,
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 charred 1,961 acres, including a significant portion of the Spruce Wash Watershed. Throughout the summer of 2021, monsoon rain events on the Museum burn scar caused multiple flood events in Flagstaff neighborhoods.

In November 2022, 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.

Engineering design commenced in 2022 for a suite of drainage improvements in the Museum flood areas of the Paradise, Grandview and Sunnyside neighborhoods. The suite of 10 projects is shown on the Key Flood Projects.

In April 2023, the City awarded Eagle Mountain Construction the CMAR design and construction phase services contract for the suite of projects, except the Park Way Basins which was delivered by Coconino County Flood Control District. There have been multiple GMPs since construction commenced which has allowed construction to continue while design is completed, grant opportunities are explored and property is acquired.

The Suite of Projects consist of the following 10 projects (this list corresponds to the Key Flood Projects exhibit):

1. Grandview Drive Reconstruction – a reconstructed inverted crown street with a modified rolled curb instead of a typical 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 aging water and sewer infrastructure to ensure proper cover with the lowered roadway. This project is complete.

1. The Wedge Detention Basin – a detention basin to receive diverted flows from Spruce Wash. The stormdrain portion of this project is substantially complete. Construction of the basin is underway.

1. 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. This project is complete.

1. Cedar Avenue to Linda Vista Drive Channel: a re-graded and hardened channel to improve capacity for stormwater runoff conveyance. This project is substantially complete.

1. Cedar Avenue Crossing: a new box culvert to increase the inlet and downstream channel capacity. This project is under substantially complete.

1. Arroyo Seco Drive to Dortha Avenue Channel: a re-graded and hardened channel to improve capacity for stormwater runoff conveyance. This project is under construction.

1. Arroyo Seco Drive Inlet: a reconstructed inlet structure for the purpose of increasing the inlet capacity to capture more stormwater into the downstream existing 60-inch storm drain. This project is under construction.

1. Killip Basins Outlet: a new outlet structure from the Killip Regional Detention Basins to an existing storm drain in Main Street to serve as a secondary outlet for larger storm events, reducing the impact of water overtopping the basins. This GMP.

1. Killip Basins Inlet: a channel and improvements to convey flood flows through Ponderosa Park and into the Killip Regional Detention Basins. This project is under construction.
  
  The City acquired private property immediately north of Ponderosa Park. A portion of this property is needed to convey flood water. The property will also serve as an access for construction and maintenance of the drainage infrastructure. Drainage improvements and access needs require demolition of the house and disposal of items left on the property. This project is under construction.

Park Way Basins: basins constructed by Coconino County Flood Control District on a City of Flagstaff parcel. The basins are intended to capture sediment and debris in Spruce Wash prior to entering the City’s stormwater infrastructure. This project is complete.
Expanded Financial 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.

GMP#1 is $2,906,383.00 plus an Owners Contingency of $50,000.00 for a Total Contract Price of $2,956,383.00. GMP#1 is for the construction of the utilities portion of the Grandview Project and the clearing portion of the Wedge Project.

GMP#2 is $7,429,149.06 plus an Owners Contingency of $185,000.00. GMP#2 is for the utility relocation in the Linda Vista to Cedar Channel and construction of the Wedge Utilities, Grandview Street Improvements and Linda Vista Crossing.

GMP#3 is $2,907,375.00 plus an Owners Contingency of $50,000.00.

Change Order #1 to GMP#2 is $310,116.40 for water and sewer replacements in Linda Vista.

GMP #4 is $1,874,943.54 plus an Owners Contingency of $75,000 for a total of $1,949,943.54.

GMP #5 is $7,922,249.71 plus an Owners Contingency of $75,000 for a total of $7,997,249.71.

Change Order #1 to GMP#5 is $95,338.00.

Change Order #2 to GMP#5 is $439,009.00.

GMP #6 is $5,380,490.00 including Owners Contingency.

The Total Contract Amount including previously approved Amendments is $29,800,535.18.

The contract duration is 1,025 days with an anticipated completion date of June 26, 2026.

Action	Date Approved		Description	Amount
Agreement	7/3/2023		GMP#1: Grandview Utilities & Wedge Clearing	$2,956,383.00
Amendment One	3/5/2024		GMP#2: Grandview Roadway, Linda Vista Crossing, Linda Vista to Cedar Channel Ph 1, Wedge Utilities	$7,647,983.63
Amendment Two	7/3/2024		GMP#3: Linda Vista to Cedar Channel Ph 2	$2,957,375.00
Amendment Three	8/26/2024		Wedge Water & Sewer Utilities	$310,116.40
Amendment Four	10/1/2024		GMP#4: Cedar Avenue Crossing	$1,949,943.54
Amendment Five	11/12/2024		GMP#5: Wedge Basin	$8,159,234.61
Change Order	5/6/2025		CO#1 to GMP#5	$439,009.00
Amendment Six	5/20/25		GMP#6	$5,380,490.00
APPROVED TO DATE				$29,800,535.18
Amendment Seven		GMP#7		$985,666.00
TOTAL CONTRACT AMOUNT				$30,786,201.18

Community Benefits and Considerations:

Mitigating post-wildfire flooding in the Spruce Wash and surrounding neighborhoods, businesses, parks, and schools.
Replacing and or abandoning aged and undersized existing water and sewer infrastructure, ranging from 51-63 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.

Community Involvement:
Inform, Involve, Empower:

Starting from roughly August of 2021 there have been over 20 Museum Flood and Post Wildfire Flooding Council Updates which will continue through completion of the Suite of Projects.
In January 2022, Beta PR, on behalf of the City of Flagstaff, created the Museum Fire Flood Projects Website museumfloodprojects.com. Between September 9, 2024 and April 9, 2025, 1,318 unique individuals have visited site with over 1,479 total visits. A grand total of 9,314 people have visited the website since creation. The site also includes a subpage where people can sign up to receive E-Newsletters sent out via email on a weekly basis to provide updates and information on 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 Suite of Projects. As of April 9, 2025, there are currently 544 ENewsletter subscribers.
Beta PR created and maintains a Museum Fire Flood Projects email address (info@museumfloodprojects.com) and a project hotline. To date, 167 stakeholders have utilized the hotline or 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 that was mailed to 950 properties in Spruce Wash area that included a Spanish translated side. Since February 2022, BetaPr, on behalf of the City, has mailed 11 notification fliers, disseminated 5 press releases and placed 26 door hangers to spread project information. BetaPr has conducted door-to-door visits over 35 times.
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 was created which includes more information regarding the 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, a Suite of Projects update, Coconino County Flood Control District Update, and preparing for the 2023 monsoon season.
On November 2, 2023, the City hosted the third Spruce Wash Community Meetings to provide an update on the Suite of Projects, the flood modeling, and the flood risk assessment maps showing the positive impacts of the Suite of Projects.
On April 1, 2024, the City hosted a fourth Spruce Wash Community Meeting to provide the community an opportunity to review the final plans, show the final flood modeling and the flood risk assessment maps and the positive impacts, and to go over the schedule and construction sequencing of the Suite of Projects.
To date, during the design and current construction of the Suite of Projects, Beta PR, on behalf of the City of Flagstaff, has performed door-to-door operations over 25 times to deliver project notices and door hangers for various project items and information to the community adjacent to 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.

Connection to PBB 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.

Connection to Regional Plan:

Goal WR.5: Manage watersheds and stormwater to address flooding concerns, water quality, environmental protections, and rainwater harvesting.
Goal T.21: Improve transportation safety and efficiency for all modes.

Connection to 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.

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