Consideration and Approval of Contract:  Fifth 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) 5.

 

1. Approve the Fifth Amendment to the CMAR Construction Services Agreement with Eagle Mountain Construction, Inc. for the Spruce Wash Mitigation Suite of Projects to include GMP 5 in the amount of $7,988,896.61 and adding 0 days to the contract duration; and
2. Approve an Owner’s Contingency of $75,000.00, which is approximately 1% of GMP 5; and
3. Authorize the City Manager to execute the necessary documents.

Staff recommends approval of Amendment Five 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 Five would increase the contract amount by $8,063,896.61, including an owner’s contingency of $75,000.  Approval of Amendment Five will authorize construction of a new detention basin at “The Wedge” and surface improvements on Linda Vista and West Street.   The remaining Projects within the Suite will be presented for Council’s consideration at a later date. Please refer to the attached context and vicinity maps.
 
The City received a Domestic Grant under the authority of the Consolidated Appropriations Act of 2022 with the US Forest Service for an amount of up to $3,500,000, with equal City match, for The Wedge detention basin.  In addition to The Wedge detention basin, the project includes new sidewalk on Linda Vista Drive from Paradise Road to Cedar Avenue where it does not current exist today.  The new sidewalk is to be funded by Proposition 419 funds, the transportation tax.

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. 
 
The final scheduling and construction sequencing of the remaining projects in the suite will be determined once the designs are finalized and other funding source requirements are known.
 

Project Name: Spruce Wash, Wedge Detention Basin
Cost: $7,988,896.61
Account Number Budgeted: 410-08-385-3570-3
FY Budgeted Amount: $8,063,896.61
Grant Funded: Yes, $3,500,000 (Federal Share) / $3,500,000 (City Share)
Funding Source:  USDA, Forest Service, Southwester Region, Coconino National Forest and General Fund

Amendment Five will be funded by account number 410-08-385-3570-3 which includes a USDA, Forest Service Grant award, Proposition 441 Funds from the 2024/25 fiscal year, and Proposition 419 Funds from 2024/25 fiscal year in the total amount of $8,063,896.61.
 
The Spruce Wash suite of projects is budgeted in FY2024-25 for a total of $23,891,390.  Currently total year to date expenditures and outstanding encumbrances equal $14,671,405 with a remaining balance of $9,129,984 for this GMP and other costs incurred during FY2024-25.

• 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.

1. Approve the Fifth 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 bum 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:
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.  This project is substantially complete.

 

2. The Wedge Detention Basin – a detention basin to receive diverted flows from Spruce Wash.   The stormdrain portion of this project is under construction. 

 

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 is under construction. 

 

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

 

5. Cedar Avenue Crossing: a new box culvert to increase the inlet and downstream channel capacity.  This project is scheduled to begin soon.

 

6. Arroyo Seco Drive to Dortha Avenue Channel: a re-graded and hardened channel to improve capacity for stormwater runoff conveyance. Future GMP.

 

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. Future GMP.

 

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. Future GMP.
    

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.
 
This GMP #5 is $7,988,896.61 plus an Owners Contingency of $75,000 for a total of $8,063,896.61.

The Total Contract Price including previously approved Amendments is $23,851,863.61.
 
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	$7,614,149.06
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
APPROVED TO DATE				$15,787,967.00
Amendment Five	11/12/2024	GMP#5: Wedge Basin & Linda Vista Sidewalk		$8,063,896.61
TOTAL CONTRACT AMOUNT				$23,851,863.61

 
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 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 September 9, 2024, 6,439 unique individuals have visited site with over 7,830 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 November 13, 2024, there are currently 553 ENewsletter subscribers.
• Beta PR created and maintains a Museum Fire Flood Projects email address (info@museumfloodprojects.com) and a project hotline. To date, 133 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 and placed 15 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 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

 

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.
 

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.
 
 

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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