Consideration of awarding a contract to construct a drainage swale in Brookfield Third Addition

TH Construction, a residential housing developer, has been working with city staff recently to develop lots 1, 2 and 3 of block 6 of the Brookfield Third Addition development. TH Construction applied for building permits this spring, and at that time it was discovered that a stormwater outlet that is needed to provide stormwater drainage for these lots was never constructed. Upon discussing this issue with the builder it was then discovered that the escrow for this development had previously been released to the city and that part of the escrow was intended to be used to construct the stormwater outlet. However, it appears that the escrow was exhausted completing other remaining obligations of the development. In addition, the improvement is located in an area that currently is an Outlot, is part of a future phase of Brookfield, and is to be built with future infrastructure in that area. However, even though the improvement is in a location for future improvements, it will ultimately be used to solve stormwater needs for these three (3) lots.

The builder’s attorney then contacted the city to determine what could be done to allow the city to issue building permits to his client without the stormwater outlet in place. City staff worked with the developer and his attorney to develop an easement agreement allowing the city to construct a drainage swale adjacent to the three properties (in the adjacent outlot) to drain the stormwater from these lots thereby allowing the three lots to be developed prior to the stormwater outlet being constructed. The agreement also stipulates that the city agrees to vacate the easement when the future stormwater outlet is constructed and is encumbered by a drainage and utility easement, which will occur at the time of Plat approval for Outlot A of the development. This will be a necessary component of City Plat approval as a new drainage plan will be implemented, and the necessary drainage easements will appear on the new plat.

City staff has since secured two quotes for constructing the drainage swale within the three lots. One quote is from Reshetar Systems, Inc. in the amount of $3,600. The second quote is from Dave Perkins Contracting, Inc. in the amount of $4,130. Both quotes include costs to grade a drainage swale within the three parcels to connect to an existing drainage swale, as well as to establish turf and provide erosion control measures until such time that the turf is established.

The City Council is therefore being asked to authorize award of a contract to the contractor who provided the low quote, Reshetar Systems, Inc., in the amount of $3,600.

No notifications were provided in association with this case.

Without the drainage swale or the stormwater outlet in place the lots cannot be developed.  Given the nominal cost of the drainage swale in comparison to constructing the stormwater outlet, as well as the developers tight schedule, the alternative of constructing the stormwater outlet does not appear to be feasible at this time so no alternative is proposed.

Staff recommends that the City Council authorize award of a contract to Reshetar Systems, Inc. in the amount of $3,600 to construct the drainage swale as described herein.

The contract cost of $3,600 is proposed to be paid for through the Storm Water Fund.

Council is asked to award a contract per staff's recommendation.