To: Honorable Mayor and Members of Town Council
Through: David L. Corliss, Town Manager
From: Mark Marlowe, P.E., Director of Castle Rock Water
David Van Dellen, Stormwater Manager
Title
Resolution Approving the Second Amendment to the Participation Agreement with Cherry Creek Basin Water Quality Authority for the Design of Stream Reclamation Improvements for McMurdo Gulch [Near the intersection of Castle Oaks Drive and Autumn Sage Drive]
Body
________________________________________________________________________________
Executive Summary
The purpose of this memo is to request Town Council authorization of a Resolution approving the Second Amendment to the Participation Agreement between the Cherry Creek Basin Water Quality Authority (Authority) and the Town of Castle Rock (Town), for Design of Stream Reclamation Improvements for McMurdo Gulch (see Attachment A). This amendment specifically addresses what are called the Priority 3 Improvements for McMurdo Gulch. The Town has partnered with the Authority on a number of projects since 2011 on McMurdo Gulch, with the Authority contributing over $1,470,000 to date. In 2017, the Town completed a stream assessment of McMurdo Gulch that prioritized areas where McMurdo Gulch needed stream channel improvements. The Town and the Authority have partnered on completing the Priority 1 and Priority 2 improvements. The map in Attachment B shows the various improvements along McMurdo Gulch including the Priority 3 Improvements.
The Town entered into a Participation Agreement with the Authority in October 2020 for design of stream reclamation improvements for McMurdo Gulch, followed by Amendment 1 that authorized construction of the Priority 2 Improvements (see Attachment C). This Second Amendment includes a contribution for the design of the Priority 3 Improvements in the amount of $170,129. The Town also received funding for the Priority 3 Project from the developer of Terrain North Basin.
Below is a breakdown of the Priority 3 Project cost estimates by funding partner.
|
Funding Partner |
Design |
Engineering Construction Services |
Construction |
Total |
|
Developer Contribution |
$225,000 |
$0 |
$1,545,250 |
$1,770,250 |
|
Castle Rock |
$285,362 |
$247,330 |
$928,043 |
$1,460,735 |
|
Authority |
$170,121 |
$82,443 |
$824,431 |
$1,076,995 |
|
Total |
$680,483 |
$329,773 |
$3,297,724 |
$4,307,980 |
Notification and Outreach Efforts
Town staff will contact residents through notification letters and provide additional notifications through news releases and social media postings, as needed. Project details and updates are also provided on the Town website,CRgov.com.
History of Past Town Council, Boards & Commissions, or Other Discussions
Town Council approved Resolution No. 2020-105 approving the Participation Agreement between the Authority and Town for the Design of Stream Reclamation Improvements for the McMurdo Gulch Priority 2 Project on October 20, 2020.
Town Council approved a Subdivision Improvement Agreement with Stratus Terrain, LLC for the
Terrain North Basin on October 8, 2021, which obligated funds for design of this project in the amount of $225,000.
The Authority approved the Second Amendment to the Participation Agreement at their May 19, 2022 meeting.
Castle Rock Water staff presented this Amendment to the Castle Rock Water Commission at their meeting held on May 25, 2022, and the Castle Rock Water Commission voted unanimously (5-0) to recommend Town Council approval of the Resolution as presented.
Discussion
McMurdo Gulch is a western tributary to Cherry Creek, extending along the eastern edge of the Town. The entire McMurdo Gulch channel is approximately 6.7 miles long from the headwaters to the confluence with Cherry Creek and encompasses a tributary area of approximately 6.5 square miles. Since 2011, the Town and Authority have partnered on multiple projects on McMurdo Gulch.
The Priority 3 Project is a continuation of the successful phasing of improvements on McMurdo Gulch based on priorities identified in the 2017 Report. The Priority 3 Project includes stream reclamation on McMurdo Gulch and Tributaries 5 and 6 to McMurdo Gulch near the Terrain North Basin Phase I Development (see Exhibit 1). The design is scheduled to be completed by December 2022, permitting in August 2023 and construction to begin in November 2023.
Under the terms of this agreement, funds will be received following the execution of this agreement amendment, to implement design of the Priority 3 Project. The Authority will participate as an active partner to ensure a jointly agreeable project. Any funds not spent of the Authority’s contribution will be refunded back to the Authority. Funds in excess of this agreement are the responsibility of the Town.
Budget Impact
Under this Amendment, the Town will fund $510,362 (using $225,000 in developer contribution as part of this) and the Authority will contribute up to $170,129 for a total design budget of $680,483. Funds will be credited to the Stormwater Capital Revenue Account No. 212-4475-395.10-00.
Staff Recommendation
Staff recommends Town Council authorization of a Resolution approving the Second Amendment to the Participation Agreement between the Cherry Creek Basin Water Quality Authority (Authority) and the Town of Castle Rock (Town), for Design of Stream Reclamation Improvements for McMurdo Gulch.
Proposed Motion
“I move to approve the Resolution as introduced by title.”
Alternative Motions
“I move to approve the resolution as introduced by title, with the following conditions: (list conditions).
“I move to continue this item to the Town Council meeting on _____ date to allow additional time to (list information needed).”
Attachments
Attachment A: Resolution
Exhibit 1: Second Amendment to the Participation Agreement
Attachment B: Map
Attachment C: Original Participation Agreement