Consideration and Approval of Contract:  Approve Change Order No. 17 with Shephard Wesnitzer, Inc. in the amount of $190,700.00 and a 365 calendar day time extension for the Rio de Flag Flood Control Utility Relocation Design Services Contract.

1. Approve Change Order No. 17 with Shephard Wesnitzer, Inc. the amount of $190,700.00 and a 365 calendar day time extension for the Rio de Flag Flood Control Utility Relocation Design Services Contract; and
2. Authorize the City Manager to execute the necessary documents.

Approval of Change Order No. 17 will compensate Shephard Wesnitzer, Inc. (SWI) for assisting the City in acquiring the property rights necessary for the U.S. Army Corps of Engineers (USACE) to certify the real estate for construction based on the needed lands, easements, rights-of-way, relocations, and disposal site (LERRD) and complete design for the Rio de Flag Flood Control Project (Project). The additional tasks of Change Order No. 17 include survey services, legal descriptions for real estate acquisitions, low flow channel design revisions, design of pedestrian access at City Hall, and design/phasing of construction work at the Five Points Intersection. There is a 365 calendar day time extension requested with Change Order No. 17 to ensure the estate necessary meets the guidelines and requirements as outlined by the USACE.

The Change Order Committee considered this item on March 30, 2023, it was approved with a recommendation to forward to the Council for final approval at the City Council meeting on April 18, 2023.

Change Order No. 17 is currently in routing for signatures to document approval of the Change Order Committee and will be attached to the final agenda for this item.

The FY 2004-2005 original Design Services Contract was approved by City Council to SWI in the amount of $1,582,521.00.  Subsequent values of prior changes authorized through the City Manager’s Change Order Authority and City Council approval has resulted in an amount of $2,206,731.34. The funding to pay the amount of Change Order No. 17 ($190,700.00) will come from the Stormwater Fund, tracked in the Rio de Flag project account #206-08-385-3236-0-4421.   
 
Original Contract Value                                 $1,582,521.00
Value of Prior Changes                                 $2,206,731.34
Value of this Change                                     $   190,700.00 
New Contract Value                                      $3,979,952.34

Priority Based Budget Key Community Priorities and Objectives Deliver outstanding services to residents through a healthy, well maintained infrastructure system. Strengthen Flagstaff’s resilience to climate change impacts on built, natural, economic, health, & social systems. Carbon Neutrality Plan Encourage vibrancy, appropriate density, and attainability in existing neighborhoods, so that more residents live within walking distance of their daily needs.  Create inclusive networks for walking and biking that are continuous, attractive, safe, comprehensive, and convenient for people of all ages. Regional Plan Manage watersheds and stormwater to address flooding concerns, water quality, environmental protections, and rainwater harvesting. Increase the region’s preparedness for extreme climate events. Incorporate pedestrian access, trails, and watchable wildlife opportunities into natural watercourses when practical. Improve mobility and access throughout the region. Increase the availability and use of pedestrian infrastructure, including FUTS, as a critical element of a safe and livable community.

Previous City Council actions pertaining to authorized value changes and action items necessary for the continuation of the Project since FY 2004-2005.

1. Approve Change Order No. 17 with SWI the amount of $190,700.00 and a 365 calendar day time extension as recommended; or
2. Reject Change Order No. 17, which will forfeit the opportunity for the City to comply with its requirement to provide the estate necessary to allow the USACE to certify the real estate for the Rio de Flag Flood Control Project.

• On January 18, 2005, the City Council awarded the Design Services Contract to SWI to perform design services for this Project.
• On March 30, 2023, the City's Change Order Committee reviewed and approved the change order, and is now presented to Council for approval.

The Rio de Flag Flood Control Project is included in the City’s Stormwater Management Capital Improvement Program and is the number one priority. The Project has also been the subject of numerous City Council meetings, City-to-Citizen communications and newspaper articles.  The USACE requested funding for their FY 20 work plan to construct the entire Project. The USACE received $52M which will complete their share (65%) of the project as outlined in the Project Cooperation Agreement.  In 2018, the City Council authorized a fee increase to the Stormwater rate that would provide funding for the Capital Improvement Program (CIP). In 2019, City Council authorized collection of the rate increase. The rate increase will provide funding for the Stormwater CIP, of which the Rio de Flag Flood Control Project is the number one priority. The City has the capacity and commitment to complete our share of the project as outline in the Project Cooperation Agreement.  On April 12, 2021, the USACE submitted to the City the real estate “take letter” outlining the estate necessary for the real estate certification. It is the City’s responsibility as outlined in the Project Cooperation Agreement to provide the corridor necessary for the USACE to solicit, award and construct the Project.     A sample of the additional tasks contained in Change Order No. 17 includes: Phase 2 Segment Map Revisions: This item includes the revision of the right-of-way (ROW) and temporary construction easement (TCE) linework provided by the Army Corps to eliminate areas with insignificant acreage and to follow existing, surveyed parcel boundaries. The Segment Maps for the Upper Reach have been updated to reflect the revised linework. The Army Corps will ultimately approve of the revisions to the easements. Survey Services: This item includes topographic survey to include limits of ROW for Santa Fe Avenue from the intersection of Sycamore Street/Summit Avenue to Santa Fe Avenue/Sitgreaves Street, across the City Hall parking lot, and a portion of Grand Canyon Avenue from Walnut Street to Santa Fe Avenue. This item also includes field survey, ROW verification and data processing. SWI will coordinate with utility companies to document existing utilities facilities per the maps and information provided by the franchise utility companies. This item includes a budget for utility potholing at conflict location identified from maps and information provided by the franchise utility companies. City of Flagstaff Pedestrian Access: Due to the improvements to the Rio de Flag the existing pedestrian bridge at City Hall will be removed. This item includes a change of design scope to replace the existing City Hall pedestrian bridge with an at-grade sidewalk pedestrian access. The low flow channel will end upstream of Aspen Avenue. The area between the parking lot and City Hall will be utilized as an LID facility. Low Flow Channel Design Revisions: SWI and their sub consultants are currently working on several design changes to the low flow channel and anticipate several others.  This includes Dale Ave. crossing redesign and changes to the Cherry St. crossing. This item also includes revisions to the existing open channel final design.  This revision is specifically for the replacement of the channel adjacent to city hall with a LID style swale.  The swale will be integrated into FUTS trail alignment changes, city hall access changes and the stormwater conveyance box culvert.  Consequent to this change the channel over the box culvert will terminate into the box culvert on the upstream side of Aspen Avenue.   Five Point Intersection Construction Plans: This item includes fees to prepare construction plans for the box culvert, utility relocation and surface reconstruction through the Five Points intersection. Arizona Department of Transportation (ADOT) requires construction plans, specifications, and a traffic control plan for the temporary improvements to be included in the encroachment permit application. Change Order No. 17 will add 365 calendar days to the Design Services Contract. The revised completion date is October 1, 2024.    Change Order No. 17 was presented to the Change Order Committee for their consideration on March 30, 2023. The item was approved with a recommendation to forward to the City Council for consideration and final approval.

Funding for Change Order No. 17 ($190,700.00) will come from the Stormwater Fund and will be tracked in the Rio de Flag Flood Control project 206-08-385-3236-0-4421. The Stormwater Fee rate increase started collection in July 2019 to fund the Stormwater CIP. The Rio de Flag Flood Control Project is part of the Stormwater CIP and is the highest priority Project.       The USACE was awarded $52M in their FY 20 work plan, providing commitment for their full share of the project at 65%.