W.O. 18-30 City County Drain Mitigation Project is intended to restore the river outfall from the City County Drain that was damaged by the river and heavy rains during the spring and summer of 2018. The damaged outfall now causes river water to back up into the City County Drain under many river conditions.  The goal of the project is to restore the drain to original capacity and protect the drain against backwater during river conditions up to a 10-year river stage.  In order to get the project completed before the river levels rise in the spring, staff is recommending the use of Construction Manager/General Contractor (CM/GC) method of construction contracting.  Staff selected COP Construction based on qualifications to perform the construction.  Other contractors who submitted on the project are FirstMark Construction and Western Municipal Construction. 

The contractor, engineer, and City staff will work together to develop each phase of the project.  When design options are evaluated, the contractor will provide estimated costs for each and the team will select the most cost effective approach.  Benefits of this type of construction delivery method include time for completion and the ability to construct the most cost effective alternative with significant contractor involvement early in the project. 

City Council approved an emergency resolution for this project in June 2018 which allows the use of this construction delivery method.

City Council may:

• Approve the contract with COP Construction, or;
• Disapprove the contract with COP Construction.  If the contract is not approved, the drain will not be repaired and stormwater will not be able to drain to the river and the drain will not have protection during periods of high river level.

The contract with COP Construction is based on a negotiated method of determining the cost for the project as opposed to bid price based on a full design.  The contract (Construction Manager/General Contractor) includes the method of determining the cost at each stage of the project during construction. The contractor's contingency will be reduced at each stage of the project until a Guaranteed Maximum Price (GMP) is established. The contract is based on a preliminary GMP of $2.85M (from 30% design) but will be modified as the work progresses.  The actual cost of the project will be based on time and material costs plus a fee.  If the project costs are under the GMP, the city will only pay the actual costs. There are sufficient funds in the FY19 Stormwater Fund budget to complete the project.

Staff recommends that City Council approve the contract with COP Construction.