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File #: WC 2021-106    Version: 1 Name:
Type: CR Water Topic Status: Motion Approved
File created: 11/3/2021 In control: Castle Rock Water Commission
On agenda: 12/1/2021 Final action: 12/1/2021
Title: Resolution Approving the First Amendment to the Participation Agreement between the Cherry Creek Basin Water Quality Authority and the Town of Castle Rock for Design of Stream Reclamation Improvements for McMurdo Gulch Priority 2 Project [McMurdo Gulch near the intersection of Castle Oaks Drive and Autumn Sage Street] Town Council Agenda Date: December 7, 2021
Attachments: 1. Attachment A: Resolution, 2. Exhibit 1: First Amend to McMurdo Gulch PA_Final_10.26.21(00845164-4_xAF7F5))RGB WPR, 3. Attachment B: Participation Agreement Oct 20, 2020, 4. Attachment C: Project Map
Related files: RES 2021-113

To:                     Members of the Castle Rock Water Commission

 

From:                     Mark Marlowe, P.E., Director of Castle Rock Water

                     

Title

                     Resolution Approving the First Amendment to the Participation Agreement between the Cherry Creek Basin Water Quality Authority and the Town of Castle Rock for Design of Stream Reclamation Improvements for McMurdo Gulch Priority 2 Project [McMurdo Gulch near the intersection of Castle Oaks Drive and Autumn Sage Street]

Town Council Agenda Date: December 7, 2021

Body

________________________________________________________________________________

 

Executive Summary

 

The purpose of this memo is to request Town Council authorization of a Resolution approving the First 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 Improvement for McMurdo Gulch (see Attachment A).  The Town has partnered with the Authority on a number of projects since 2011 on McMurdo Gulch, with the Authority contributing over $1,125,000 to date.  In 2016, through a Services Agreement with Muller Engineering, Inc. (MEC), the Town performed a stream assessment of McMurdo Gulch.  The “McMurdo Gulch 2017 Reach Assessment Report” (Report) identified high priority areas where McMurdo Gulch was experiencing degradation.  From these high priority areas, the Town has developed a Priority 2 Project following the completion of Priority 1 improvements in 2020.

 

In 2020, the Town received project funding participation from the Authority for design of the Priority 2 Project in the amount of $75,000.  In 2021, the Town requested additional project funding participation from the Authority for construction of the Priority 2 Project.  The Authority’s mission is to preserve and protect water quality in the Cherry Creek Reservoir and the Cherry Creek Watershed.  Stream reclamation efforts such as these support that mission.  Therefore, the Authority approved funding of this project as part of their 2021 Capital Improvement Project budget to contribute construction phase funding for the Project in the amount of $540,000.

 

Below is a breakdown of total projected project budgets by funding partner.  Design funding was included in the Participation Agreement dated October 20, 2020 (see Attachment B). Construction funding is included in the First Amendment to the Participation Agreement.

 

Funding Partner

Design (2020/2021)

Construction (2021/2022)

Total Participation

Castle Rock

$225,000

$1,620,000

$1,845,000

Authority

$  75,000

$   540,000

$   615,000

Total

$300,000

$2,160,000

$2,460,000

 

Notification and Outreach Efforts

 

Improvements will primarily be constructed within Town owned open space and designated drainage easements on vacant land owned by Starwood Land Ventures.  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. 

 

The Authority Board approved the First Amendment to the Participation Agreement at their September 16, 2021 meeting.

 

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 two projects on McMurdo Gulch.  A reclamation plan was implemented in 2011 on McMurdo Gulch by the Town, stabilizing nine improvement reaches along the channel totaling a combined channel improvement length of approximately four thousand lineal feet; over 2.8 miles of stream.  These nine improvement reaches were separated by healthy and stable segments of stream that had not experienced degradation yet.  The project cost approximately $1.5 million, of which the Authority contributed $630,000.  A second project, known as Priority 1 Improvements, was initiated in 2018 including stream reclamation in three additional locations; a total stream channel length of approximately two thousand feet in length.  The project cost approximately $1.68 million of which the Authority contributed twenty-five percent of the project cost; approximately $420,000.  This project was completed in 2020.

 

The Priority 2 Project is a continuation of the successful phasing of improvements on McMurdo Gulch based on priorities identified in the 2017 Report.  The Priority 2 Project includes stream reclamation in four locations; a total stream channel length of approximately three thousand one hundred feet in length(see Attachment C).

 

Under the terms of this agreement, funds will be received following the execution of this agreement amendment, to implement construction of the Priority 2 Project.  The Authority will participate as an active partner to ensure a jointly agreeable construction project scheduled to begin in December 2021 and be completed by July 2022.  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 

 

The Town’s budget for the McMurdo Gulch project construction totals $1,620,000 in 2021.  The Authority agreed to contribute an additional twenty-five percent of the Town’s construction budget in the amount of $540,000 for a total construction budget of $2,160,000.  Funds will be credited to the Stormwater Capital Revenue Account No. 212-4475-395.10-00.

 

Funding Participation

Amount

Town of Castle Rock Budget

$1,620,000

Authority Contribution

 $  540,000

Total Construction Budget

$2,160,000

 

 

 

Staff Recommendation

 

Staff recommends executing the First Amendment to the Participation Agreement between the Town and the Authority, for the McMurdo Gulch Stream Reclamation Project for the Authority’s fund contribution of $540,000. 

 

Proposed Motion

 

“I move to recommend to Town Council approval of the Resolution as presented

 

Attachments

 

Attachment A:                                          Resolution

        Exhibit 1:                      First Amendment to the Participation Agreement for Design of Stream Reclamation Improvements for McMurdo Gulch Priority 2 Project

Attachment B:                      Participation Agreement for Design of Stream Reclamation Improvements for McMurdo Gulch Priority 2 Project, dated October 20, 2020

Attachment C:                                          Project Site Map