Consideration and Approval of Contract: Second Amendment to the Construction Manager at Risk (CMAR) Construction Phase Services Agreement with Eagle Mountain Construction, Inc. for the Spruce Wash Flood Mitigation Suite of Projects to add Guaranteed Maximum Price (GMP) 3.
 

1. Approve the Second Amendment to the CMAR Construction Phase Services Agreement with Eagle Mountain Construction, Inc. for the Spruce Wash Flood Mitigation Suite of Projects to include GMP 3 in the amount of $2,907,375.00 and adding 0 days to the contract duration; and
2. Approve an Owner’s Contingency of $50,000, which is approximately 2.0% of Guaranteed Maximum Price #3; and 
3. Authorize the City Manager to execute the necessary documents.

Staff recommends approval of the Second Amendment to the CMAR Construction Phase Services Agreement No. 2023-60, with Eagle Mountain Construction (EMC), for the Spruce Wash Flood Mitigation Suite of Projects (the Suite) to include GMP 3 in the amount of $2,907,375.00, an Owner’s Contingency of $50,000, and adding 0 days to the contract duration. Approval of this Second Amendment will authorize construction of the Linda Vista to Cedar Channel Project. The remaining Projects within the Suite will be presented for Council’s consideration at a later date as the Third Amendment to this Agreement with GMP#4. Please refer to the attached context and vicinity maps.
 
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. Design is nearing completion on the remaining projects within the Suite and is anticipated to be completed this summer 2024. The final scheduling and construction sequencing of the Suite will be determined once designs and other funding source requirements are known.
 
The majority of the improvements in the Suite of Projects will be constructed within City property, in City right-of-way, and or within the existing public utility and drainage easement along Spruce Wash. This Second Amendment adding GMP 3 requires an access and drainage easement from one property owner and temporary construction easements for final grading from four property owners along the channel. The concrete channel is located entirely with an existing drainage and public utilities easement.

The Second Amendment adding GMP 3 plus expenditures from the owner’s contingency will be funded by Proposition 441 Funds under the GO Capital Project Fund from the 2024/25 fiscal year in the amount of $2,957,375.00, Account Number 410-08-385-3525-3, Cedar to Linda Vista Channel project.

The total project budget:

Project / Portion of Project	FY2023-24	FY2024-25	Budget Line	Account Number
Linda Vista to Cedar Channel	$757,055	$3,328,095	Cedar to Linda Vista Channel	410-08-385-3525-3

• 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 the 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.

1. Approve the Second Amendment 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.

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, monsoon 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 eight 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 CMAR design and construction phase services for the Suite of Projects.

Key Considerations:
This is the Second Amendment to add GMP 3 to the current Agreement with EMC for the Suite of Projects. GMP 3 includes the Linda Vista to Cedar Channel Project. The First Amendment adding GMP 2 included the utility relocations in the Linda Vista to Cedar Channel in addition to the Wedge Utilities, Grandview Street Improvements and Linda Vista Crossing. The remaining projects within the Suite of Projects will be presented for Council’s consideration later in 2024 with a Third Amendment adding GMP 4. Please refer to the attached context and vicinity maps.
 
The Suite of Projects consist of the following eight Projects:

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.
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. This project also includes adding an inlet for the storm drain to the Wedge Detention Basin Project and relocating existing water and sewer mains so they are not in conflict with the new concrete box culvert.
4. Cedar Avenue to Linda Vista Drive Channel: a re-graded and hardened channel to improve capacity for stormwater runoff conveyance.  The work under Amendment One, GMP #2 includes the franchise utility relocations for UniSource Energy Services and Arizona Public Service.  The work under this Amendment Two, GMP #3 generally includes earthwork and installation of armor flex and concrete channel linings.  ArmorFlex is a flexible, interlocking matrix of cellular concrete blocks and will be installed in the upper ~350 foot long portion of the channel, nearest Linda Vista Drive.  The lower ~1,600 linear feet of channel will be a concrete trapezoidal channel. 
5. Cedar Avenue Crossing: a new box culvert to increase the inlet and downstream channel 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 downstream existing 60-inch storm drain.
8. 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.

Design is nearing completion on the remaining Projects within the Suite and is anticipated to be completed this summer 2024. The final scheduling and construction sequencing of the Suite will be determined once designs and other funding source requirements are known.
 
The majority of the improvements in the Suite of Projects will be constructed within City property, in City right-of-way, and or within the existing public utility and drainage easement along Spruce Wash. This Amendment Two, GMP #3 requires an access and drainage easement from one property owner and temporary construction easements for final grading from four property owners along the channel.   The concrete channel is located with an existing drainage and public utilities easement.   
 
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 Suite of Projects 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.
 
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 approximate 2.5% Owners Contingency of $185,000.00.  GMP#2 is for the utility relocations in the Linda Vista to Cedar Channel and construction of the Wedge Utilities, Grandview Street Improvements and Linda Vista Crossing.
 
This GMP#3 is $2,907,375.00 plus an approximate 2.0% Owners Contingency of $50,000.00.
 
The Total Contract Price including Amendment One and this Amendment Two and owners contingency is now $13,527,907.06.
 
The contract duration is 1,025 days with an anticipated completion date of June 26, 2026.
 

Project / Portion of Project	FY24	FY25	Budget Line	Account Number
Linda Vista to Cedar Channel	$2,359,852	$1,725,298	Cedar to Linda Vista Channel	410-08-385-3525-3

 
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 19 Museum Flood and Post Wildfire Flooding Council Updates which will continue through and after the design and construction 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. As of May 31, 2024, 5,615 individuals have visited site with over 6,930 total visits. 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 May 31, 2024, there are currently 550 ENewsletter subscribers.
• Beta PR created and maintains a Museum Fire Flood Projects email address (info@museumfloodprojects.com) and a project hotline. To date, over 95 stakeholders have utilized the the hotline 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 seven notification fliers and placed five door hangers to spread project information.
• 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 17 door-to-door operations 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.

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.

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.

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.