13 - Agreement with Nash for cost sharing of improvements - Johnson Woods Creek

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STATUS OF ISSUE: Mr. Nash has approached the city for assistance with repairs to this wall section. Without a repair, the failed wall will eventually slide into the creek bottom and block flow in the channel. There is also a concern for stability of the bank along the Nash property because while the wall is displaced it is susceptible to severe erosion along the creek bend. As such, staff is recommending a cost share of the repairs with Mr. Nash in the amount up to $25,000. This approach will provide an engineered solution to the erosion concern in the channel rather than replacing with a substandard material that is at risk of failing in the future. The estimated cost to complete the project is $51,175, of which $11,175 is for the engineering design fee and $40,000 is anticipated for construction. Mr. Nash has agreed to pay upfront for 50% of the project cost up to the point where the city contribution reaches $25,000, and 100% of project costs after that. Staff feels this is a reasonable partnership in order to see this work is completed to industry standards consistent with the work that was recently completed by the city. Had the wall shown signs of failure during the project, the city would have incurred costs to remove/repair/replace the wall as part of the channel project. BUDGET: Funds are available in the engineering operations budget for the design, and the drainage maintenance budget for construction match. The maximum proposed contribution by the city is $25,000. RECOMMENDATION: Authorize the city manager to execute an agreement with Gary and Rebecca Nash for cost sharing of improvements necessary to replace a failed retaining wall along Johnson Woods Creek and adjacent to their property. 2