Consideration and Approval of Contract:  Approve Change Order No. 16 with Shephard Wesnitzer, Inc. in the amount of $151,200.00 and a 470 calendar day time extension for the Rio de Flag Flood Control Utility Relocation Design Services Contract.

1. Approve Change Order No. 16 with Shephard Wesnitzer, Inc. the amount of $151,200.00 and a 470 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. 16 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. 16 include coordinating the relocation of utilities within BNSF Railway (BNSF) right of way, provide additional legal descriptions for right of way and easement acquisitions, allow for the design for the replacement of the pedestrian bridge at City Hall, and the breakout and phasing of construction plans. There is a 470 calendar day time extension requested with Change Order No. 16 to ensure the estate necessary meets the guidelines and requirements as outlined by the USACE.

The Change Order Committee considered this item on October 27, 2022, it was approved with a recommendation to forward to the Council for final approval at the City Council meeting on November 15, 2022.

Change Order No. 16 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 $2,055,531.34. The funding to pay the amount of Change Order No. 16 ($151,200.00) 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                                 $2,055,531.34
Value of this Change                                     $   151,200.00 
New Contract Value                                      $3,789,252.34

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

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. 16 with SWI the amount of $151,200.00 and a 470 calendar day time extension as recommended; or
2. Reject Change Order No. 16, 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.

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. 16 includes: BNSF Utility Coordination: Prepare forms and exhibits for BNSF Utility Accommodation Policy Applications necessary for relocation of utilities within BNSF right of way. Includes performing survey of BNSF utilities in and around project limits.  Legal Description: Prepare legal descriptions and supporting exhibits for additional easements necessary for construction that are not defined in the Army Corps Take Letter. Easements include temporary construction easements and public utility easements. This task includes creation of 59 legal descriptions, which includes 43 legal descriptions for Clay Avenue Wash, 5 legal descriptions for the Lower Reach, and an additional 11 legal descriptions. This includes up to 36 legal descriptions for fiber optic line easements. City of Flagstaff Pedestrian Bridge: Due to the improvements to the Rio de Flag the existing pedestrian bridge at City Hall will be removed and replaced. This task includes survey, geotechnical report, and structural and electrical engineering services need to design the replacement structure. Phased Construction Plans: Per direction received from the Army Corps, separate the Utility Relocation and Surface Reconstruction plans into two individual plan sets for Phase 1 and Phase 2. Change Order No. 16 will add 470 calendar days to the Design Services Contract. The revised completion date is October 1, 2023, which corresponds with the USACE anticipated construction project award date in the Fall of 2023.    Change Order No. 16 was presented to the Change Order Committee for their consideration on October 27, 2022. The item was approved with a recommendation to forward to the City Council for consideration and final approval.

Funding for Change Order No. 16 ($151,200.00) 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%.