City Council Meeting - FINAL


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  7.E.       
Meeting Date: 07/06/2021  

Information
TITLE:
Consideration and Approval of Contract:  Change Order No. 15 with Shephard Wesnitzer, Inc. in the amount of $97,500.00 and add 235 calendar days for the Rio de Flag Flood Control Utility Relocation design services contract
STAFF RECOMMENDED ACTION:
  1. Approve Change Order No. 15 with Shephard Wesnitzer, Inc. the amount of $97,500.00.
  2. Add 235 calendar days to the design services contract
  3. Authorize the City Manager to execute the necessary documents.
Executive Summary:
Approval of Change Order No. 15 will compensate Shephard Wesnitzer, Inc. to assist the City of Flagstaff 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) for the Rio de Flag Flood Control Project.  The added work will include supplemental legal description services, revised documents to support the Schedule B Maps and Segment Maps.  There is a 235-day time extension requested with this change order to ensure the estate necessary meets the guidelines and requirements as outlined by the USACE.  The Change Order Committee considered this item on June 17, 2021, it was approved with a recommendation to forward to the Council for final approval at the City Council meeting on July 6, 2021.
Financial Impact:
The FY 2004-2005 original contract approved by City Council for design services to Shephard Wesnitzer, Inc. was $1,582,521.00.  Subsequent values of prior changes authorized through the City Manager’s Change Order Authority and City Council approval has been $1,958,031.34.  The funding to pay the amount of change order No. 15, $97,500.00, 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                                  $1,958,031.34
Value of this Change                                     $      97,500.00 
New Contract Value                                        $3,638,052.34
Policy Impact:
No Impact.
Connection to PBB Key Community Priorities/Objectives & Regional Plan:
Connection to Key Community Priorities, Objectives, Council Goal, Regional Plan and/or Team Flagstaff Strategic Plan:
 
Sustainable, Innovative Infrastructure
Utilize existing long-range plan(s) that identify the community's future infrastructure needs and all associated costs
 
Environmental Stewardship
Actively manage and protect all environmental and natural resources

Council Goal 2017 – 2019 - Transportation and Other Public Infrastructure
Deliver quality community assets and continue to advocate and implement a highly performing multi-modal transportation system.
 
Council Goal 2017 – 2019 - Environmental and Natural Resources
Actively manage and protect all environmental and natural resources
 
Regional Plan – Policy WR 5
Manage watersheds and stormwater to address flooding concerns, water quality, environmental protections, and rainwater harvesting.
 
Team Flagstaff Strategic Plan – Priority 3
Deliver outstanding services through a healthy environment, resources, and infrastructure.
 
Has There Been Previous Council Decision on This:
Previous Council actions pertaining to authorized value changes and action items necessary for the continuation of the project since FY 2004-2005.
Options and Alternatives:
  1. Approve Change Order No. 15 with Shephard Wesnitzer, Inc. the amount of $97,500.00 as recommended.
  2. Reject Change Order No. 15, 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.    
Background/History:
On January 18, 2005, the City Council awarded the Agreement for Consulting Services to Shephard Wesnitzer Inc. of Flagstaff, Arizona to perform design services for this project. 
Key Considerations:
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 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 was 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 their 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 of Flagstaff 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.    

Change order No. 15 includes added tasks;
Revised Schedule B Exhibits:
  • Revisions necessary to the supporting exhibits for each affected parcel (46) within Phase I.  This will be accomplished with the review of the USACE’s provided linework and then make revisions.
 Legal Description Revisions:
 
  • USACE’s provided linework will be reviewed and revisions for legal descriptions will be made to the overall project channel easement and temporary construction easements.  New separate legal descriptions will be prepared for utility easements and any areas within the public Rights-of Way.  Phase I will include 59 revised legal descriptions and 57 new legal descriptions.  Phase II will include 15 new legal descriptions. 
USACE Segment Maps:
  • Revise the Phase I Segment Maps that were previously prepared to be accompanied with the revised legal descriptions
Meetings and Coordination:
  • Attend and participate in meetings with the City, USACE and the USACE’s consultant to coordinate the real estate final deliverables.
Change Order No. 15 will add 235 calendar days to the design contract.  The revised completion date is June 19, 2022, which corresponds with the USACE anticipated construction project award date in the fall of 2022. 
 
Change Order No. 15 was presented to the Change Order Committee for their consideration on June 17, 2021.  The item was approved with a recommendation to forward to the City Council for consideration and final approval.  The City Council will hear this item at the July 6, 2021 meeting.
Expanded Financial Considerations:
Funding for Change Order No. 15, $97,500.00, 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%.  
Community Benefits and Considerations:
The City will be working with the Public Relations consultant (Beta Pr) to continue a public information plan.
Expanded Options and Alternatives:
  1. Approve Change Order No. 15 with Shephard Wesnitzer, Inc. the amount of $97,500.00 as recommended.
  2. Reject Change Order No. 15, 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.    
Attachments
Change Order #15
Vicinity Map
Presentation


    

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