Adopt Resolution #20-213 Accepting Quotes and Awarding Contract for 16660 Jasper Street Drainage Improvements, Improvement Project #19-13

Purpose:
The purpose of this case is to adopt Resolution #20-213 accepting the quote of and awarding a construction contract to Dryden Excavating, Inc. in the amount of $13,929.29 for 16660 Jasper Street Drainage Improvements, Improvement Project #19-13.

Background:
The property owner at 16660 Jasper Street first contacted Staff regarding general drainage concerns when the Brookfield residential development planning process began.  The property owner was generally concerned that stormwater runoff would no longer be able to freely drain from the northwest corner of his property to the west as it had always done.  At the time, the property owner was assured that the new development could and would not negatively impact drainage from his property.  Attached are aerial images showing elevation contours at 2-foot intervals which show that stormwater generally drains from east to west (right to left; north is up) across this property.
 
When Brookfield 2^nd Addition was constructed, the property owner at 16660 Jasper Street informed Staff that when grading was completed for the new home at 16725 Limonite Street NW, stormwater runoff was blocked from freely draining from the northwest corner of his lot.  Attached are the As-built Certificate and Modified Certificate of Survey for 16725 Limonite Street NW (Lot 1, Block 5 Brookfield 2nd Addition), as well as contours for this and surrounding properties both pre and post development.  Based on the modified Certificate of Survey, drainage of the low point was proposed to be accommodated across the rear of Lot 1, Block 5 by grading a drainage swale with a 2% longitudinal slope, which was staked for construction on November 19, 2007, as called out in note 8.  However, this drainage swale was never graded, which is reflected on the attached As-built Certificate.  Unfortunately, the fact that the swale was not graded was missed by City Staff during their review of the As-built Certificate at the time it was submitted.  
 
Various City Staff members have since worked with Capstone Homes and the property owner of 16660 Jasper Street to try to resolve this issue.  However, in 2018 Capstone Homes informed Staff that they did not think it was reasonable for them to be held responsible based on the length of time that had passed, and based on their observation that the as-built survey was apparently approved.
 
Staff prepared the attached plans to resolve this drainage issue, with input and approval from the property owner at 16660 Jasper Street NW.  In summary, a 12-inch diameter plastic catch basin with a metal “beehive” grate on top is proposed to be installed at the low point in the northwest corner of 16660 Jasper Street, which will drain through a 4-inch high-density polyethylene (HDPE) pipe that will be directionally drilled and connected to a 48-inch diameter concrete manhole constructed over the end of an existing storm sewer stub located between the properties at 16725 Limonite Street NW and 7078 167th Avenue NW.  This will provide positive drainage for the low-lying area on 16660 Jasper Street to prevent stormwater runoff from ponding in the low area, which kills the native vegetation that was specially planted and is being maintained by the property owner.
 
All work is proposed to be completed within existing drainage easements on the Brookfield properties, and within a temporary construction easement in the northwest corner of 16660 Jasper Street, which the property owner has agreed to provide at no cost to the City.  The City will not need to acquire any permanent easements to complete this work.  The City will also not be responsible for maintaining the drainage improvements as the property owner of 16660 Jasper Street will be responsible for maintaining the improvements in perpetuity per the attached maintenance agreement, which will be approved by the City Council upon adoption of Resolution #20-213.
 
Staff estimated construction costs for this project at $16,600 based on the attached plans.  On August 25, 2020, the City Council authorized Staff to solicit quotes for this work. Staff submitted Requests for Quotes to three local contractors.  Two of the contractors indicated they were too busy to complete the work this year.  Only one contractor, Dryden Excavating, Inc., submitted a quote, which was in the amount of $13,929.29.  Staff believes this is a very reasonable quote and recommends that the City accept it and construct the improvements in 2020.
 
Construction staking and inspections are proposed to be provided by City Staff as part of their normal duties.
 
Project costs are proposed to be funded using a combination of Stormwater Management and Stormwater Utility Funds.  
 
Once the contractor begins work, the improvements are anticipated to take 2 to 3 days to complete, with completion specified by October 23, 2020.  Final payment will be issued in 2021 after turf is established and all work is approved.     

Staff Recommendation
Staff recommends adopting Resolution #20-213 accepting the quote from and awarding a construction contract to Dryden Excavating, Inc. in the amount of $13,929.29 for 16660 Jasper Street Drainage Improvements, Improvement Project #19-13.
 
Public Works Committee Recommendations
On August 18, 2020, the Public Works Committee unanimously recommended City Council authorization to solicit Requests for Quotes for 16660 Jasper Street Drainage Improvements, Improvement Project #19-13.  The Committee also asked Staff if the City carries errors and omissions insurance and, if so, can we file a claim to have insurance pay for the improvements required to correct this issue? Upon researching this Staff found that the City does carry errors insurance in the amount of $500,000 per occurrence.  Also, according to the insurance agent, the City can construct the improvements while the claim is being processed and if the claim is paid the City can then use the payment to fund the improvements.  At this time it is unknown if errors insurance will pay for all of or a portion of the improvements.
 
On September 15, 2020, the Public Works Committee reviewed the quote submitted by Dryden Excavating, Inc. and unanimously recommended that the City Council accept the quote and award a construction contract to Dryden Excavating, Inc. in the amount of $13,929.29 for 16660 Jasper Street Drainage Improvements, Improvement Project #19-13. 

Adopt Resolution #20-213 accepting the quote of and awarding a construction contract to Dryden Excavating, Inc. in the amount of $13,929.29 for 16660 Jasper Street Drainage Improvements, Improvement Project #19-13.