To: Members of the Castle Rock Water Commission
From: Mark Marlowe, P.E., Director of Castle Rock Water
Roy Gallea, P.E., Engineering Manager
Frank N. Main, Project Manager
Title
Resolution Approving the Third Amendment to the Participation Agreement between the Cherry Creek Basin Water Quality Authority (CCBWQA) and the Town of Castle Rock for the Design and Construction of Stream Reclamation Improvements for McMurdo Gulch [Near the intersection of Castle Oaks Drive and Autumn Sage Drive]
Town Council Agenda Date: November 19, 2024
Body
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Executive Summary
The purpose of this memo is to request Town Council authorization of a Resolution approving the Third Amendment to the Participation Agreement between the Cherry Creek Basin Water Quality Authority (CCBWQA) and the Town of Castle Rock (Town), for the Design and Construction of Stream Reclamation Improvement for McMurdo Gulch (see Attachment A). The Town has partnered with the CCBWQA on a number of projects since 2011 on McMurdo Gulch, with the CCBWQA 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. In 2020,the Town and the CCBWQA partnered to complete the Priority 1 improvements under separate agreement from the one being considered in this memo.
The Town entered into this Participation Agreement with the Authority in October 2020 for design of the Priority 2 stream reclamation improvements for McMurdo Gulch, followed by the First Amendment that authorized construction of the Priority 2 Improvements in December 2021. Second Amendment to the Participation Agreement approved June 2022 included a contribution for the design of the Priority 3 Improvements in the amount of $170,129. This Third Amendment to the Participation Agreement includes a contribution for construction of the Priority 3 Improvements in the amount of $1,290,347, which includes transfer of the remaining balance of funds from the Priority 1 and 2 Improvements in the amount of $251,380 and an additional contribution of $868,846(see Exhibit 1 of Attachment A).
Notification and Outreach Efforts
The construction project will follow Town policy regarding public notification.
History of Past Town Council, Boards & Commissions, or Other Discussions
October 20, 2020 - Town Council approved Resolution No. 2020-105 approving the Participation Agreement in the amount of $34,000 between the Authority and Town for the Design of Stream Reclamation Improvements for the McMurdo Gulch Priority 2 Project.
December 7, 2021 - Town Council approved Resolution No. 2021-113 approving the First Amendment to the Participation Agreement resulting in the Authority contributing $386,000 for construction of the Priority 2 Project.
June 21, 2022 - Town Council approved Resolution No. 2022-068 approving the Second Amendment to the Participation Agreement resulting in the Authority contributing a total of $170,121 for design of the Priority 3 Project.
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, see Attachment B. The Priority 3 Project includes stream channel improvements at the McMurdo Gulch - multiple locations (Reaches 1, 2 and 3) and (Tributaries 5 and 6). The construction is anticipated to begin in December 2024 and be substantially completed by August 2025, weather Permitting.
Under the terms of this agreement, funds will be received following the execution of this agreement amendment, to implement construction of the McMurdo Gulch Stream Reclamation Priority 3 Project. The CCBWQA will participate as an active partner to ensure a jointly agreeable project. Any funds not spent of the CCBWQA’s contribution will be refunded back to the CCBWQA. Funds in excess of this agreement are the responsibility of the Town.
Budget Impact
The Table below provides breakdown of planned funding by sponsors for the McMurdo Gulch Stream Reclamation Priority 3 Project.
|
Sponsor |
Previous Project Contributions |
New Funding Contribution 2024 |
Transfer of leftover funds from McMurdo Priority 1 &2 |
Total Contribution |
Percent Contribution |
|
Developer Contribution |
$225,000 |
$1,545,250 |
------- |
$1,770,250 |
34% |
|
CCBWQA |
$170,121 |
$868,846 |
$251,380 |
$1,290,347 |
25% |
|
Town of Castle Rock Stormwater |
$285,362 |
1,140,696 |
$675,345 |
$2,101,403 |
41% |
|
Total Project Cost |
$680,483 |
$3,554,792 |
$926,725 |
$5,162,000 |
100% |
Under this Amendment, the CCBWQA contribution is $868,846. Also, Town shall transfer the Authority funds held by the Town for the Construction of Priority 1 and 2 Improvements to this Project in the amount of $251,380. These 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 between the CCBWQA and the Town, approving the Third Amendment to the Participation Agreement for Design and Construction of Stream Reclamation Improvements for McMurdo Gulch.
Proposed Motion
“I move to recommend to Town Council approval of the Resolution as presented”
Attachments
Attachment A: Resolution (Not Attached)
Exhibit 1: Agreement (Not Attached)